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HomeMy WebLinkAbout1512 • ~ . • . ; . - ~ . . ~ ' . ~ ~ ~ • f; - . ~ ~ • . - : . R ~t . . ~ ~O11224 IMn~~ i90~ ' 3 ~ a legal oc equitaUle discharge of a guarantor or a legal or equitablc _ diseharge of the Company under the Lease: It is understood and agreed that, in the case of the occurrence to the Company of an event specified ~ in clause (ii) above affecting the Company's ability or the enforceability of_ its oblig~tion to pus or pcrform tha Agrcemcnts in accordunce v~ith their respective terms, the claim of Properties or the Trnstee against Continental herennder shall not be limited by reason of the fact that the claim of Properties or the Trustee against the Company is or may be limited by any proviQion of the Federal Bankrnptcy Act or any similar or corresponding provision of any State or Federal law, and Continental agrees in any snc~ cuse that if the Lease is terminated in any such case, and if in the opinion of the Trustee the provisions of this Agreement wonld by virtne of the aforesaid circumstances be rendered ~ unenforceable, or the rights of the Trnstee hereunder be substantially i impaired, it will at the reqneat of the Trustee enter into a lease, as ~ leaaee, with Properties, as leasor, of such properties as may then be ~ owned by Propertiea and may be specified by the Trnatee upon sub- atantially the same terms and conditions (inclnding withont li.mitation , the payment of basic rent) as the Lease. ~ 2. If at any time (i) (A) any lien, encumbrance or charge of any kind based - ~on a claim of anp kind against the Company or Properties, or any snccesaora or ssaign.s of either of them, or any predeceasor in interest of either of them, including a claim for inconie, franchi~ae or other tazes based on income, ia at any time asserted or filed against the rents or other anms of money payable nnder the Y.ease or any property incslnded in the Trust Estate (as defined in the ~ Indenture), or {B) any order or determination (whether or not ~ ~ valid) of any conrt or of any governmental anthority shall be ~ entered or mAde at any time with respect to said rents or other ~ sums of money or such property by virtue of a claim of any kind ~ against Continental, the Company or Propertiea, or any succeasors or assigns of any of them, or any predeceasor in interest of any of ~ them, in any case so as to interfere with the due papment of snch rents and other suma of money to the Trnstee or the due applica- ~ . tion of eaid rents by the Trastee to pay the principal of and ~ intereat and preminm, if any, on the Notes or so as to subject the holdera of the Notes to any obligation to repay any amonnts ~ • received from the Trnstee, or ~ ~ - ~ ~ ~ ~ a UEEU 3f~~Ct)~U;; ' ~ ~~~~~i1 A~~t i5 ~ : ~ ~0~14~3 F,~ ~ ~23 '