Common use of NOTES TO BE SECURED IN CERTAIN EVENTS Clause in Contracts

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, or merger of the Company into, any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1014 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation or amalgamation of the Company with, amalgamation with or merger of the Company into, into any other corporationPerson, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1015 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness Debt of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness Debt which upon such consolidation, amalgamation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1011 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine determine, any other Indebtedness Debt of the Company now existing or hereinafter created which that is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which Debt that upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.. ARTICLE NINE

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 4.09 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, shall as to such property or assets, secure the Outstanding Notes Outstanding (together with, if the Company shall so determine determines, any other Indebtedness Debt of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) to the Indebtedness Debt which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1014 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.. ARTICLE NINE

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, or merger of the Company into, any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.. 64 58 ARTICLE NINE

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation or amalgamation of the Company with, amalgamation with or merger of the Company into, into any other corporationPerson, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1015 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, will as to such property or assets, secure 57 the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness Debt of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness Debt which upon such consolidation, amalgamation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any sale, assignment, conveyance, lease lease, transfer or transfer other disposition of the property of the Company substantially as an entirety to any other PersonPerson in accordance with Section 801, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 1012 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, sale, assignment, conveyance, lease lease, transfer or transferother disposition, will, as to such property or assets, secure the Notes Outstanding (together with, if the Company shall so determine any other Indebtedness of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) the Indebtedness obligation or liability which upon such consolidation, merger, sale, assignment, conveyance, lease lease, transfer or transfer other disposition is to become secured as to such property or assets by such Lien, or shall will cause such Notes to be so secured.

NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation of the Company with, with or merger of the Company into, into any other corporation, or upon any conveyance, lease or transfer of the property of the Company substantially as an entirety to any other Person, any property or assets of the Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1016 4.8 or 4.10 without equally and ratably securing the Notes, the Company, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, will, shall as to such property or assets, secure the Outstanding Notes Outstanding (together with, if the Company shall so determine determines, any other Indebtedness Debt of the Company now existing or hereinafter created which is not subordinate in right of payment to the Notes) equally and ratably with (or prior to) to the Indebtedness Debt which upon such consolidation, merger, conveyance, lease or transfer is to become secured as to such property or assets by such Lien, or shall cause such Notes to be so secured.