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 Guarantor with or merger of the Guarantor into any other corporation, or upon any conveyance, lease or transfer of the property of the Guarantor substantially as an entirety to any other Person, any property or assets of the Guarantor would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 4.10 without equally and ratably securing the Notes, the Guarantor, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Notes (together with, if the Guarantor so determines, any other Indebtedness of the Guarantor 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 any Guarantor with or merger of the any Guarantor into any other corporation, or upon any conveyance, lease or transfer of the property of the any Guarantor substantially as an entirety to any other Person, any property or assets of the such Guarantor would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 4.10 4.11 without equally and ratably securing the Notes, the such Guarantor, prior to or simultaneously with such consolidation, merger, conveyance, lease or transfer, shall as to such property or assets, secure the Outstanding Notes (together with, if the such Guarantor so determines, any other Indebtedness Debt of the such Guarantor 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, 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 Guarantor Company with or merger of the Guarantor Company into any other corporation, or upon any sale, assignment, conveyance, lease or transfer of the property of the Guarantor Company substantially as an entirety to any other Person, any property or assets of the Guarantor Company would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 4.10 1015 without equally and ratably securing the Notes, the GuarantorCompany, prior to or simultaneously with such consolidation, merger, sale, assignment, conveyance, lease or transfer, shall as to such property or assets, secure the Notes Outstanding Notes (together with, if the Guarantor Company shall so determines, determine any other Indebtedness of the Guarantor 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 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.. ARTICLE NINE

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