Common use of Exchangeable Notes Obligations Clause in Contracts

Exchangeable Notes Obligations. (i) ARPI shall have prepared and AMH shall, pursuant to Section 9.01 of that certain Indenture (the “Notes Indenture”) for the ARP OP 3.25% Exchangeable Senior Notes due 2018 (“Exchangeable Notes”), dated as of November 27, 2013, among ARP OP, ARPI, and U.S. Bank National Association, as trustee (the “Notes Trustee”), have executed with the Notes Trustee the supplemental indenture required by Section 13.05 of the Notes Indenture in respect of the Mergers; and (ii) ARPI shall have delivered to the Notes Trustee the officer’s certificate and the opinion of counsel required by Section 10.01 of the Notes Indenture in respect of the Mergers. (iii) The ARPI Board shall have taken such actions necessary such that the directors of Merger Sub, after giving effect to the Parent Merger, constitute “Continuing Directors” for purposes of the Notes Indenture.