NOTES TO BE SECURED IN CERTAIN EVENTS. If, upon any such consolidation or the Issuer with or merger of the Issuer into any other corporation, or upon any conveyance, lease or transfer of the property of the Issuer as an entirety or substantially as an entirety to any other corporation, any Principal Property of the Issuer or of any Subsidiary, or any shares of stock or Debt of any Subsidiary would thereupon become subject to any Lien, then unless such Lien could be created pursuant to Section 3.7 without equally and ratably securing the Securities, the Issuer, prior to such consolidation, merger, conveyance, lease or transfer, will secure the Securities Outstanding hereunder (together with, if the Issuer shall so determine, any other Debt of the Issuer now existing or hereafter created which is not subordinate to the Securities) equally and ratably with (or prior to) the Debt secured by such Lien, or will cause such Securities to be so secured.
Appears in 2 contracts
Sources: Indenture (Norfolk Southern Railway Co /Va/), Indenture (Nyc Newco Inc)