Common use of Reference to Supplemental Agreements Clause in Contracts

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Agent, bear a notation in form approved by the Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Agent in exchange for Outstanding Security Certificates. ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. COVENANT NOT TO MERGE, CONSOLIDATE, SELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (i) the Company shall be the continuing entity, or the successor (if other than the Company) shall be a entity organized and existing under the laws of the United States of America or a State thereof and such entity shall assume the obligations of the Company under the Purchase Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Agent and the Collateral Agent, executed and delivered to the Agent and the Collateral Agent by such entity, and (ii) the Company or such successor entity, as the case may be, shall not, immediately after such merger of consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition hereunder, under any of the Securities or under the Pledge Agreement.

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Agent, bear a notation in form approved by the Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Agent in exchange for Outstanding Security Certificates. ARTICLE NINE ConsolidationCONSOLIDATION, MergerMERGER, Sale or Conveyance Section SALE OR CONVEYANCE SECTION 901. COVENANT NOT TO MERGE, CONSOLIDATE, SELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (i) the Company shall be the continuing entitycorporation, or the successor (if other than the Company) shall be a entity corporation organized and existing under the laws of the United States of America or a State thereof and such entity corporation shall assume the obligations of the Company under the Purchase Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Agent and the Collateral Agent, executed and delivered to the Agent and the Collateral Agent by such entitycorporation, and (ii) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger of or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition hereunder, under any of the Securities or under the Pledge Agreement.

Reference to Supplemental Agreements. Security Unit Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Unit Agent, bear a notation in form approved by the Unit Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Unit Certificates so modified as to conform, in the opinion of the Unit Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Unit Agent in exchange for Outstanding Security CertificatesUnit Certificates evidencing the same number of Normal Units or Stripped Units, as the case may be. ARTICLE NINE Consolidation, Merger, Sale or Conveyance Section 901. COVENANT NOT TO MERGECovenant Not to Merge, CONSOLIDATEConsolidate, SELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONSSell or Convey Property Except Under Certain Conditions. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (ia) the Company shall be the continuing entitycorporation, or the successor (if other than the Company) shall be a entity corporation organized and existing under the laws of the United States of America or a State thereof and such entity corporation shall assume the obligations of the Company under the Purchase Contracts, this Agreement Contracts and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Unit Agent and and, in the case of the Pledge Agreement, the Collateral Agent, executed and delivered to the Agent and Unit Agent, and, in the case of the Pledge Agreement, the Collateral Agent by such entitycorporation, and (iib) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger of or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition hereunder, under any Principal Agreement or under any of the Securities or under the Pledge AgreementUnits. Section 902.

Reference to Supplemental Agreements. Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any supplemental agreement pursuant to this Article may, and shall if required by the Agent, bear a notation in form approved by the Agent as to any matter provided for in such supplemental agreement. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Agent and the Company, to any such supplemental agreement may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Agent in exchange for Outstanding Security Certificates. ARTICLE NINE ConsolidationCONSOLIDATION, MergerMERGER, Sale or Conveyance Section SALE OR CONVEYANCE SECTION 901. COVENANT NOT TO MERGE, CONSOLIDATE, SELL OR CONVEY PROPERTY EXCEPT UNDER CERTAIN CONDITIONS. The Company covenants that it will not merge or consolidate with any other Person or sell or convey all or substantially all of its assets to any Person, except that the Company may merge or consolidate with, or sell or convey all or substantially all of its assets to, any other Person, provided that (i) the Company shall be the continuing entitycorporation, or the successor (if other than the Company) shall be a entity corporation organized and existing under the laws of the United States of America or a State thereof and such entity corporation shall assume the obligations of the Company under the Purchase Contracts, this Agreement and the Pledge Agreement by one or more supplemental agreements in form satisfactory to the Agent and the Collateral Agent, executed and delivered to the Agent and the Collateral Agent by such entitycorporation, and (ii) the Company or such successor entitycorporation, as the case may be, shall not, immediately after such merger of or consolidation, or such sale or conveyance, be in default in the performance of any covenant or condition hereunder, under any of the Securities or under the Pledge Agreement.in