Common use of Certain Terms Clause in Contracts

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 20 contracts

Samples: Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.)

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Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) Person, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 15 contracts

Samples: Indenture (National Fuel Gas Co), Indenture (Allete Capital Iii), Indenture (Laclede Capital Trust I)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 11 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (McCormick & Co Inc), Indenture (Vertex Pharmaceuticals Inc / Ma)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 8 contracts

Samples: Indenture (Synovus Financial Corp), Indenture (GMX Resources Inc), Indenture (PNM Resources Inc)

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 6 contracts

Samples: Indenture (Deere & Co), Indenture (Deere John Capital Corp), Indenture (Deere & Co)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any other Person, and the Company shall not permit any other Person to consolidate with or merge into the Company, unless:

Appears in 6 contracts

Samples: Pogo Trust Ii, Litchfield Capital Trust Ii, Litchfield Capital Trust Ii

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 6 contracts

Samples: Indenture (Beckman Coulter Inc), Indenture (Beckman Coulter Inc), Indenture (Maverick Tube Corporation)

Certain Terms. The Company shall not consolidate with, merge with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) into, or sell, assign, convey, transfer or lease its properties and assets substantially as an in their entirety (computed on a consolidated basis) to any Person, unless:

Appears in 6 contracts

Samples: Indenture (MGM Mirage), Trustee and Company (Metro-Goldwyn-Mayer Inc), Indenture (MGM Mirage)

Certain Terms. The Company shall not not, directly or indirectly, consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or conveysell, lease, convey or transfer or lease all its properties and assets substantially as an entirety entirety, whether in a single transaction or a series of related transactions, to any Person, Person or group of affiliated Persons unless:

Appears in 5 contracts

Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) Person, or conveyconvey or otherwise transfer, transfer or lease lease, all of its properties and assets properties, as or substantially as an entirety entirety, to any Person, unless:

Appears in 3 contracts

Samples: Washington Water Power Co, Washington Water Power Co, Tucson Electric Power Co

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which whether or not affiliated with the Company is not the surviving corporation) Company), or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Personother Person (whether or not affiliated with the Company), and the Company shall not permit any other Person (whether or not affiliated with the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to the Company; unless:

Appears in 3 contracts

Samples: Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp), Trust Indenture (Safeco Corp)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) , or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 3 contracts

Samples: Carolina Power & Light Co, Carolina Power & Light Co, Otter Tail Power Co

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer, sell or lease such Person's properties and assets substantially as an entirety to the Company unless:

Appears in 3 contracts

Samples: Indenture (Chiron Corp), Indenture (Sonus Networks Inc), Sonus Networks Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) entity, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 3 contracts

Samples: Florida Power & Light CO Trust II, FPL Group Capital Inc, FPL Group Trust II

Certain Terms. The Company shall not consolidate or merge with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or conveysell, lease, transfer or lease otherwise dispose of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate or merge with or into the Company or to sell, lease, transfer or otherwise dispose of its assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii, International Paper Capital Trust Iii

Certain Terms. The Company shall not merge or consolidate with or merge into any another other Person (in a transaction in which the Company is and shall not the surviving corporation) sell, lease or convey, transfer in a single transaction or lease in a series of transactions, all or substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Samples: O&M Halyard, Inc., O&M Halyard, Inc.

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Samples: Trust Indenture Agreement (SFG Mortgage & Investment Co Inc), Nordstrom Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any other Person, unless:

Appears in 2 contracts

Samples: Illinois Power Co, Illinois Power Co

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or, directly or indirectly, convey, transfer transfer, sell or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or, directly or indirectly, convey, transfer, sell or lease all or substantially all of its properties and assets to the Company, unless:

Appears in 2 contracts

Samples: Indenture (Interim Services Inc), Interim Services Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Samples: Apex Silver Mines LTD, Apex Silver Mines LTD

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) , or conveyconvey or otherwise transfer, transfer or lease lease, all of its properties and assets properties, as or substantially as an entirety entirety, to any Person, unless:

Appears in 2 contracts

Samples: Washington Water Power Co, Washington Water Power Capital Iii

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, other than to one or more of its Subsidiaries, unless:

Appears in 2 contracts

Samples: Integra Lifesciences Holdings Corp, Integra Lifesciences Holdings Corp

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, Person unless:

Appears in 2 contracts

Samples: Indenture (Boise Cascade Trust Iii), Boise Cascade Trust Iii

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 1 contract

Samples: Indenture (Millennium Pharmaceuticals Inc)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or any Subsidiary or convey, transfer or lease its properties and assets substantially as an entirety to the Company or any Subsidiary, unless:

Appears in 1 contract

Samples: United Homes Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) Corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Teco Energy Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson in one transaction or a series of related transactions, and the Company shall not permit any Person to consolidate with or merge into the Company, unless:

Appears in 1 contract

Samples: American Residential Services Inc

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Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Cendant Corp

Certain Terms. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets as, or substantially as as, an entirety to any Person, Person or permit any other Person to merge into the Company unless:

Appears in 1 contract

Samples: Kinkos Partners, L.L.C.

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporationPerson) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Fair Isaac Corp

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Indenture (PPL Energy Supply LLC)

Certain Terms. (a) The Company shall not not, directly or indirectly, consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or conveysell, lease, convey or transfer or lease all its properties and assets substantially as an entirety entirety, whether in a single transaction or a series of related transactions, to any Person, Person or group of affiliated Persons unless:

Appears in 1 contract

Samples: Indenture (Ibasis Inc)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporationPerson) or convey, transfer or lease or otherwise dispose of its properties and assets substantially as an entirety in one or more related transactions (a "Subject Transaction"), to any Person, unless:

Appears in 1 contract

Samples: Indenture (Flextronics International LTD)

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or, directly or indirectly, convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson or Persons, unless:

Appears in 1 contract

Samples: Indenture (CCC Capital Trust Ii)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or, directly or indirectly, convey, transfer transfer, sell or lease or otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to any PersonPerson (other than a wholly owned Subsidiary), and the Company shall not permit any Person (other than a wholly owned Subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer, sell or lease all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Samples: Homebase Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, Person unless:

Appears in 1 contract

Samples: Indenture (Banknorth Capital Trust Ii)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) ), or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson (other than direct or indirect Subsidiary of the Company), unless:

Appears in 1 contract

Samples: Cypress Semiconductor Corp /De/

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company, unless:

Appears in 1 contract

Samples: FBL Financial Group Inc

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: United Companies Financial Corp

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, convey or transfer all or lease substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Lci International Inc /Va/

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, convey or transfer or lease its properties property and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Indenture (Levitt Corp)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer transfer, sell or lease all its properties and assets substantially as an entirety to any Person, Person unless:

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, convey or transfer or lease its properties property and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Indenture (Levitt Corp)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which whether or not the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Samples: Texas Petrochemicals Lp

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or, directly or indirectly, convey, transfer transfer, sell or lease or otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to any PersonPerson (other than a wholly owned Subsidiary of the Company), and the Company shall not permit any Person (other than a wholly owned Subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer, sell, lease or otherwise dispose of all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Samples: Aspen Technology Inc /De/

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