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That is, a written clause in the bond indenture that says, if a control change occurs (i.e. merger, acquisition or LBO) then bondholders have the right to put their bonds back to the company at a predetermined price when a sale of substantially all the assets occurs.
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The Commerce Clause was written to make sure that states within the U.S. did not protect nascent industries through tariffs.
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In Spain all professional players have a "buy-out clause" written into their contracts and can move without their club's agreement, though in practice the player's new club pays that sum.
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As for the Welfare Clause, far from some ambiguous insertion meant to allow politicians to do whatever they wanted with our general welfare in mind, the Welfare Clause was written to ensure that any actions taken by the federal government that fell within its enumerated powers had to be considered with the general welfare of the citizenry in mind.
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Under the so-called "dormant Commerce Clause" doctrine (dormant because it isn't actually written anywhere) the Supreme Court has interpreted the Commerce Clause in the Constitution, which gives Congress the sole right to regulate interstate commerce, as a mandate to strike down state laws that interfere with same.
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Head of the Catholic Church in England and Wales, Cardinal Basil Hume, had written to him supporting the redrafted clause, after having taken legal advice, said Mr Straw.
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This decision written by Justice Anthony Kennedy, does however, leave the clause open to legal challenge at a later date.
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