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 or the Parent with or merger of the Company or the Parent into any other corporation, or upon any sale, assignment, conveyance, lease or transfer of the property of the Company or the Parent substantially as an entirety to any other Person, any property or assets of the Company or the Parent (as the case may be) would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 1015 without equally and ratably securing the Notes, the Company or the Parent (as the case may be), 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 or the Guarantees (as the case may be) (together with, if the Company or the Parent (as the case may be) shall so determine, any other Indebtedness of the Company or the Parent (as the case may be) now existing or hereinafter created which is not subordinate in right of payment to the Notes or the Guarantees, as the case may be)) 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 or Guarantees to be so secured. AMENDMENTS TO "SUPPLEMENTAL INDENTURES" SECTION 110. AMENDMENT TO SECTION 901. Section 901 of the Indenture is hereby amended by deleting the existing Section 901 in its entirety and replacing it with the following: SECTION 901. Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company and the Parent, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company, the Parent or any other obligor on the Notes, and the assumption by any such successor of the covenants of the Company or the Parent or such obligor contained herein and in the Notes in accordance with Article Eight of this Indenture; (2) to add to the covenants of the Company, the Parent or any other obligor upon the Notes or the Guarantees for the benefit of the Holders or to surrender any right or power herein conferred upon the Company, the Parent or any other obligor upon the Notes or the Guarantees, as applicable, in this Indenture or the Notes; (3) to cure any ambiguity, to correct or supplement any provision herein or in the Notes or the Guarantees that may be defective or inconsistent with any other provision herein or in the Notes or the Guarantees, or to make any other provisions with respect to matters or questions arising under this Indenture or the Notes or the -55- 61 Guarantees; provided that, in each case, such action shall not adversely affect the interest of the Holders; (4) to comply with the requirements of the Commission in order to effect or maintain the qualification, if any, of the Indenture under the Trust Indenture Act; (5) to evidence and provide the acceptance of the appointment of a successor Trustee under this Indenture; (6) to mortgage, pledge, hypothecate or grant a security interest in favor of the Trustee for the benefit of the Holders as additional security for the payment and performance of the Company's or the Parent's obligations hereunder, in any property or assets, including any of which are required to be mortgaged, pledged or hypothecated, or in which a security interest is required to be granted to the Trustee pursuant to this Indenture or otherwise; (7) to add a further guarantor of the Notes under the Indenture; (8) to secure the Notes pursuant to the requirements of Section 803 or Section 1015 or otherwise; (9) to add any additional Events of Default; or (10) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee pursuant to the requirements of Section 609. SECTION 111. AMENDMENT TO SECTION 902. Section 902 of the Indenture is hereby amended by deleting the existing Section 902 in its entirety and replacing it with the following: