Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 173 contracts
Samples: Indenture (Pacira BioSciences, Inc.), Indenture (Kbr, Inc.), Indenture (Sea LTD)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries) unless:
Appears in 18 contracts
Samples: Indenture (Alliant Energy Corp), Indenture (Cardlytics, Inc.), Indenture (Lci Industries)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.029.03, the Company shall not consolidate with, enter into a binding share exchange with, or merge with or into, another Person or sell, assign, convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets substantially as an entirety to another Person, unless:
Appears in 17 contracts
Samples: Indenture (ProSomnus, Inc.), The Agreement and Plan of Merger (Sunedison, Inc.), Agreement and Plan of Merger (Sunedison, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 16 contracts
Samples: Indenture (Fluor Corp), Indenture (Heska Corp), Indenture (Enphase Energy, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not not, in a transaction or series of transactions, consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the Company’s properties and assets to to, another PersonPerson (other than one or more of the Company’s direct or indirect Domestic Subsidiaries), unless:
Appears in 15 contracts
Samples: Indenture (Linkedin Corp), Investment Agreement (Twitter, Inc.), Indenture (Square, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another PersonPerson (provided that a pledge of its assets pursuant to any Credit Facility shall be deemed not to be a sale, conveyance, transfer or lease), unless:
Appears in 14 contracts
Samples: Indenture (Goldman Sachs BDC, Inc.), Indenture (Kohlberg Capital CORP), Indenture (Ares Capital Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties the consolidated assets of the Company and assets the Company’s Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect wholly-owned Subsidiaries), unless:
Appears in 13 contracts
Samples: Indenture (Bill.com Holdings, Inc.), Indenture (Impinj Inc), Indenture (Bill.com Holdings, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its consolidated properties and assets to another Person, unless:
Appears in 13 contracts
Samples: Indenture (Plug Power Inc), Indenture (Gamida Cell Ltd.), Indenture (Alteryx, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 12 contracts
Samples: Supplemental Indenture (Oasis Petroleum Inc.), Indenture (SM Energy Co), Second Supplemental Indenture (American Realty Capital Properties, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties the consolidated assets of the Company and assets the Company’s Subsidiaries, taken as a whole, to another Person, unless:
Appears in 12 contracts
Samples: Indenture (Luminex Corp), Subscription Agreement (Kaleyra, Inc.), Indenture (Kaleyra, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than one or more of its Wholly-Owned Subsidiaries), unless:
Appears in 11 contracts
Samples: Investment Agreement (Invitae Corp), Investment Agreement (Pacific Biosciences of California, Inc.), Indenture (Invitae Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the (a) The Company shall not consolidate with, with or merge with or intointo or otherwise combine with another Person, or sell, convey, lease or otherwise transfer or lease dispose of all or substantially all of the Company’s and its properties and assets Subsidiaries’ consolidated assets, taken as a whole, to another Person, unless:
Appears in 10 contracts
Samples: Supplemental Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (Sphere Entertainment Co.), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s Wholly Owned Subsidiaries) unless:
Appears in 9 contracts
Samples: Indenture (Docusign, Inc.), Indenture (Splunk Inc), Indenture (Veoneer, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the The Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 8 contracts
Samples: And (51job, Inc.), Indenture (Tower Group, Inc.), Indenture (Wright Medical Group N.V.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0210.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its assets and properties and assets to another Person, unless:
Appears in 8 contracts
Samples: Indenture (Sandisk Corp), Forest City Enterprises Inc, Forest City Enterprises Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0210.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 8 contracts
Samples: Supplemental Indenture (Molycorp, Inc.), Second Supplemental Indenture (TimkenSteel Corp), First Supplemental Indenture (Horizon Global Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries) unless:
Appears in 7 contracts
Samples: Indenture (Shake Shack Inc.), Indenture (Semtech Corp), Indenture (OMNICELL, Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another Person, unless:
Appears in 7 contracts
Samples: Radian Group Inc, Radian Group Inc, Radian Group Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another PersonPerson (other than in a Permitted Sale Transaction), unless:
Appears in 7 contracts
Samples: Indenture (Wayfair Inc.), Indenture (Wayfair Inc.), Indenture (Wayfair Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the The Company shall not consolidate with, amalgamate, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, except in compliance with Article 4 and unless:
Appears in 7 contracts
Samples: First Supplemental Indenture (Invacare Corp), First Supplemental Indenture (Invacare Corp), Indenture (Nextnav Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of its Wholly-Owned Subsidiaries), unless:
Appears in 6 contracts
Samples: Indenture (Cutera Inc), Indenture (Cutera Inc), Indenture (Rapid7, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0212.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 6 contracts
Samples: Indenture (Salix Pharmaceuticals LTD), Indenture (Affiliated Managers Group Inc), Indenture (Salix Pharmaceuticals LTD)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another Person, unless:
Appears in 6 contracts
Samples: Indenture (Allscripts Healthcare Solutions, Inc.), Albany Molecular (Albany Molecular Research Inc), Indenture (Mercadolibre Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, enter into a binding share exchange with, or merge with or into, another Person or sell, assign, convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets substantially as an entirety to another any successor Person, unless:
Appears in 6 contracts
Samples: And (Novavax Inc), And (Clean Energy Fuels Corp.), Indenture (Orexigen Therapeutics, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate or amalgamate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 6 contracts
Samples: Indenture (Aurora Cannabis Inc), Indenture (Colliers International Group Inc.), Canopy Growth Corp
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 6 contracts
Samples: Indenture (PTC Therapeutics, Inc.), Indenture (Medicines Co /De), Indenture (Canadian Solar Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company, its properties Subsidiaries and assets its Consolidated Affiliated Entities, taken as a whole, to another Person, unless:
Appears in 6 contracts
Samples: Indenture (NIO Inc.), Indenture (Bilibili Inc.), Indenture (Bilibili Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the properties and assets to of the Company to, another Person, unless:
Appears in 5 contracts
Samples: Indenture (Egalet Corp), Indenture (NantHealth, Inc.), Indenture (Egalet Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another Person, unless:
Appears in 5 contracts
Samples: Indenture (Pluralsight, Inc.), Indenture (INPHI Corp), Fiverr International Ltd.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer assign, transfer, lease or lease otherwise dispose of all or substantially all of the consolidated properties or assets of the Company and its properties and assets Subsidiaries, taken as a whole, in one transaction or any series of transactions, to another Person, unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Bloom Energy Corp), Indenture (Enernoc Inc), Security Agreement (Bloom Energy Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0212.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to another Person, unless:
Appears in 5 contracts
Samples: Indenture (Penson Worldwide Inc), Indenture (Sothebys), Indenture (Teradyne, Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets Subsidiaries, taken as a whole, to another Person, unless:
Appears in 5 contracts
Samples: Indenture (Evolent Health, Inc.), Indenture (Evolent Health, Inc.), Indenture (Karyopharm Therapeutics Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer assign, transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets assets, in one transaction or any series of related transactions, to another Person, unless:
Appears in 4 contracts
Samples: Indenture (Inotek Pharmaceuticals Corp), Indenture (Inotek Pharmaceuticals Corp), Indenture (Inotek Pharmaceuticals Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s Wholly Owned Subsidiaries) unless:
Appears in 4 contracts
Samples: Indenture (Slack Technologies, Inc.), Indenture (Model N, Inc.), Indenture (Model N, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries substantially as an entirety to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries) unless:
Appears in 4 contracts
Samples: Indenture (Ionis Pharmaceuticals Inc), Indenture (Tandem Diabetes Care Inc), Ionis Pharmaceuticals Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets consolidated subsidiaries, taken as a whole, to another Person, Person unless:
Appears in 4 contracts
Samples: Indenture (WisdomTree Investments, Inc.), Indenture (WisdomTree Investments, Inc.), Indenture (Ventoux CCM Acquisition Corp.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, as the case may be, unless:
Appears in 4 contracts
Samples: Indenture (Encore Capital Group Inc), Indenture (Encore Capital Group Inc), Encore Capital Group Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease lease, all or substantially all of its properties the consolidated assets of the Company and assets the Company’s Subsidiaries, taken as a whole, to another Person, unless:
Appears in 4 contracts
Samples: Indenture (Selina Hospitality PLC), Subscription Agreement (GigCapital4, Inc.), Subscription Agreement (BOA Acquisition Corp.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another Person, unless:
Appears in 4 contracts
Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), And (Arbor Realty Trust Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another Person (other than to one or more of its Wholly Owned Subsidiaries), if the Company is not the resulting, surviving or transferee Person, unless:
Appears in 4 contracts
Samples: Indenture (Zynga Inc), Indenture (Groupon, Inc.), Indenture (Blackline, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, into another Person or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and the Company’s Subsidiaries, taken as a whole, to another Person, unless, in either case:
Appears in 4 contracts
Samples: Indenture (Upstart Holdings, Inc.), Indenture (Sunrun Inc.), Indenture (Century Aluminum Co)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its direct or indirect Subsidiaries, taken as a whole, to another Person, unless:
Appears in 4 contracts
Samples: Indenture (Etsy Inc), Indenture (Etsy Inc), Indenture (Etsy Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or (whether directly or indirectly through one or more subsidiaries) sell, conveylease or otherwise transfer, transfer in one transaction or lease a series of transactions, all or substantially all of the consolidated assets of it and its properties and assets Subsidiaries, taken as a whole to another Person, unless:
Appears in 4 contracts
Samples: Indenture (Clovis Oncology, Inc.), Indenture (Clovis Oncology, Inc.), Purchase Agreement (Quotient LTD)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer, or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries), unless:
Appears in 4 contracts
Samples: Indenture (Snap Inc), Indenture (Snap Inc), Indenture (Snap Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries), unless:
Appears in 4 contracts
Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another Person, unless:
Appears in 4 contracts
Samples: PROS Holdings, Inc., PROS Holdings, Inc., PROS Holdings, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Gannett Co., Inc.), Indenture (Broadsoft, Inc.), Gannett Co., Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not (1) consolidate with, merge with or into, merge into any other Person or sell, convey, lease or transfer or lease all or substantially all of its properties and assets to another PersonPerson in any one transaction or series of related transactions or (2) permit any Person to consolidate with or merge into the Company, unless:
Appears in 3 contracts
Samples: Indenture (Solazyme Inc), Indenture (Solazyme Inc), Indenture (Solazyme Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another PersonPerson (a “Business Combination Event”), unless:
Appears in 3 contracts
Samples: Indenture (Wolfspeed, Inc.), Indenture (Parsons Corp), Wolfspeed, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its consolidated properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Vocera Communications, Inc.), Indenture (Plug Power Inc), Indenture (Chegg, Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.03, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease in one transaction or a series of transactions all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s Wholly Owned Domestic Subsidiaries), unless:
Appears in 3 contracts
Samples: Indenture (ChargePoint Holdings, Inc.), Nikola Corp, Nikola Corp
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.2, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Convertible Notes Purchase Agreement (Ctrip Com International LTD), Convertible Note Purchase Agreement (Priceline Group Inc.), Convertible Note Purchase Agreement (Priceline Group Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate or amalgamate with, undertaking an arrangement with, or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Aphria Inc.), Indenture (Tilray, Inc.), aphriainc.com
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties the consolidated assets of the Company and assets the Company’s Subsidiaries, taken as a whole, to another PersonPerson (a “Business Combination Event”) (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries), unless:
Appears in 3 contracts
Samples: Indenture (Alnylam Pharmaceuticals, Inc.), Alnylam Pharmaceuticals, Inc., Global Blood Therapeutics, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets of the Company and its Subsidiaries, taken as a whole (a “Business Combination Event”), to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Eos Energy Enterprises, Inc.), Eos Energy Enterprises, Inc., Eos Energy Enterprises, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0213.2, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Senior Secured Convertible Note Purchase Agreement, Senior Secured Convertible Note Purchase Agreement (Mynd.ai, Inc.), Registration Rights Agreement (Puxin LTD)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the properties and assets of the Company to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Harmonic Inc), Indenture (Ii-Vi Inc), Indenture (Harmonic Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease in one transaction or a series of transactions all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s Wholly Owned Subsidiaries), unless:
Appears in 3 contracts
Samples: Coupa Software Incorporated (Coupa Software Inc), Indenture (Middleby Corp), Brookdale Senior Living (Brookdale Senior Living Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or intointo any other Person or convey, or transfer, sell, convey, transfer lease or lease otherwise dispose of all or substantially all of its properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Live Nation Entertainment, Inc.), Indenture (Allegheny Technologies Inc), Burlington Stores, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.2, the Company shall will not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (iClick Interactive Asia Group LTD), Convertible Note Purchase Agreement (NaaS Technology Inc.), Convertible Note Purchase Agreement (NaaS Technology Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease in one transaction or a series of transactions all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Neogenomics Inc), Indenture (Neogenomics Inc), Indenture (Neogenomics Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, as the case may be, unless:
Appears in 3 contracts
Samples: Encore Capital Group Inc, HCI Group, Inc., HCI Group, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0212.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to to, another Person, unless:
Appears in 3 contracts
Samples: Indenture (Sina Corp), Indenture (Sina Corp), Indenture (WEIBO Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets to of the Company and its Subsidiaries, taken as a whole, to, another Person, unless:
Appears in 3 contracts
Samples: Indenture (Brocade Communications Systems Inc), Indenture (Flexion Therapeutics Inc), Pacira BioSciences, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0212.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its assets and properties and assets to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Maverick Tube Corporation), Charles River Laboratories International Inc, Encore Capital Group Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0210.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its assets and properties and assets to another Person, in a single transaction or a series of transactions, unless:
Appears in 3 contracts
Samples: Indenture (Cadence Design Systems Inc), Cadence Design Systems Inc, Cadence Design Systems Inc
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer assign, transfer, lease or lease otherwise dispose of all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, in one transaction or any series of transactions, to another Person, other than in a connection with a Change of Control in which the Company has elected to effect, and not revoked such election, a Change of Control Redemption with respect to all of the outstanding Notes, unless:
Appears in 3 contracts
Samples: Note Issuance Agreement (Appgate, Inc.), Indenture (Northern Star Acquisition Corp.), Supplemental Agreement (Northern Star Investment Corp. II)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another PersonPerson (other than the sale, conveyance, transfer or lease of all or substantially all of the Company’s assets to one or more of the its Wholly Owned Subsidiaries), unless:
Appears in 3 contracts
Samples: Indenture (Sailpoint Technologies Holdings, Inc.), Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the properties and assets of the Company to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s Wholly Owned Subsidiaries) unless:
Appears in 3 contracts
Samples: Indenture (BridgeBio Pharma, Inc.), Indenture (BridgeBio Pharma, Inc.), Indenture (Everbridge, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0210.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets Subsidiaries, taken as a whole, to another Person, unless:
Appears in 3 contracts
Samples: First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.), Indenture (Renewable Energy Group, Inc.), Apollo Commercial Real Estate Finance, Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to another Person, unless:
Appears in 3 contracts
Samples: Indenture (Infinera Corp), Indenture (INFINERA Corp), Indenture (Infinera Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.02 (Successor Corporation to Be Substituted), the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to another PersonPerson other than to one or more of the Wholly Owned Subsidiaries of the Company, unless:
Appears in 3 contracts
Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.2, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, Person unless:
Appears in 3 contracts
Samples: Convertible Note and Warrant Subscription Agreement (Secoo Holding LTD), Subscription Agreement (SouFun Holdings LTD), Subscription Agreement (SouFun Holdings LTD)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0210.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to another Person, unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (Opko Health, Inc.), First Supplemental Indenture (INFINERA Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02Section 11.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Keyw Holding Corp), Supplemental Indenture (Ani Pharmaceuticals Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another PersonPerson (any such transaction, a “Consolidation Transaction”), unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (Wabash National Corp /De), Indenture (Radian Group Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect wholly owned Subsidiaries), unless:
Appears in 2 contracts
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets consolidated subsidiaries, taken as a whole, to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Vertex Energy Inc.), Indenture (PureCycle Technologies, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to Without the provisions consent of Section 11.02the Holders, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Savient Pharmaceuticals Inc), Indenture (Savient Pharmaceuticals Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Photronics Inc), Indenture (Photronics Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.027.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to to, another PersonPerson (any such transaction, a “Consolidation Transaction”), unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (GT Advanced Technologies Inc.), GT Advanced Technologies Inc.
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its the properties and assets of the Company to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Palo Alto Networks Inc), Indenture (Palo Alto Networks Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not not, in a transaction or series of transactions, consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets to of the Company and its Subsidiaries, taken as a whole, to, another PersonPerson (other than one or more of the Company’s direct or indirect Domestic Subsidiaries), unless:
Appears in 2 contracts
Samples: Unity Software (Unity Software Inc.), Indenture (Splunk Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 2 contracts
Samples: Indenture (PTC Therapeutics, Inc.), Indenture (Marcus Corp)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets Subsidiaries, taken as a whole, to another Person, unless:
Appears in 2 contracts
Samples: And (Amag Pharmaceuticals Inc.), First Supplemental Indenture (Radius Health, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, enter into a binding share exchange with, or merge with or into, or sell, assign, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to another Person, unless:
Appears in 2 contracts
Samples: Indenture (GSV Capital Corp.), Indenture (GSV Capital Corp.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.028.2, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to another Person, unless:
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Ctrip Com International LTD), Convertible Note Purchase Agreement (Priceline Group Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject Notwithstanding anything to the provisions contrary in Section 8.1 of the Original Indenture, which Section 11.02is hereby superseded and replaced in its entirety by this Section 7.01 for purposes of the Notes, the Company shall not consolidate with, merge with or into, merge into any other Person or sell, convey, transfer or lease all or substantially all of its the Company’s properties and assets to another Personany successor Person in a single transaction or series of transactions, unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (Energy Conversion Devices Inc), First Supplemental Indenture (Energy Conversion Devices Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.02 (Successor Corporation to Be Substituted), the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to another PersonPerson other than to one or more of the wholly-owned Subsidiaries of the Company, unless:
Appears in 2 contracts
Samples: Indenture (GDS Holdings LTD), GDS Holdings LTD
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or intointo another Person, or sell, convey, transfer or lease all or the consolidated assets of the Company and its Subsidiaries (taken as a whole) substantially all of its properties and assets as an entirety to another PersonPerson that is not one of the Company’s Subsidiaries, unless:
Appears in 2 contracts
Samples: Indenture (Medicines Co /De), Indenture (Medicines Co /De)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.029.02 (Successor Corporation to Be Substituted), the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to another PersonPerson other than to one or more of the Wholly Owned Subsidiaries of the Company, unless:
Appears in 2 contracts
Samples: Subscription Agreement (Oatly Group AB), Subscription Agreement (Oatly Group AB)
Company May Consolidate, Etc. on Certain Terms. (a) Subject to the provisions of Section 11.027.13(c), the Company shall not amalgamate or consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its the properties and assets of the Company and its Subsidiaries on a consolidated basis to another Person, unless:
Appears in 2 contracts
Samples: Convertible Senior Note Purchase Agreement (Seacor Holdings Inc /New/), Exchange Agreement (SEACOR Marine Holdings Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets to, another Person (provided that a pledge of its assets pursuant to another Personany Credit Facility shall be deemed not to be a sale, conveyance, transfer or lease), unless:
Appears in 2 contracts
Samples: Indenture (Hercules Technology Growth Capital Inc), Indenture (Hercules Capital, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Isis Pharmaceuticals Inc), Indenture (Isis Pharmaceuticals Inc)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its properties the consolidated assets of the Company and assets the Company’s Subsidiaries, taken as a whole, to another PersonPerson (other than any such sale, conveyance, transfer or lease to one or more of the Company’s direct or indirect Wholly Owned Subsidiaries), unless:
Appears in 2 contracts
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of the consolidated assets of the Company and its properties and assets direct or indirect Subsidiaries, taken as a whole, to another Person, unless:
Appears in 2 contracts
Samples: Indenture (Sucampo Pharmaceuticals, Inc.), Indenture (Dermira, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.0211.03, the Company shall not consolidate with, merge with or into, or sell, convey, transfer assign, transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets assets, in one transaction or any series of related transactions, to another Person, unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (Inotek Pharmaceuticals Corp), Supplemental Indenture (Rocket Pharmaceuticals, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer or lease all or substantially all of its consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to another Person, unless:
Appears in 2 contracts
Samples: Indenture (RumbleON, Inc.), Indenture (RumbleON, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, with or merge with or into, or sell, convey, transfer or lease all or substantially all of its the consolidated properties and assets of the Company and its Subsidiaries, taken as a whole, to, another Person (other than any sale, conveyance, transfer or lease to another Person, one or more of the Company’s direct or indirect Wholly Owned Subsidiaries) unless:
Appears in 2 contracts
Samples: Indenture (Teladoc, Inc.), Indenture (Teladoc, Inc.)
Company May Consolidate, Etc. on Certain Terms. Subject to the provisions of Section 11.02, the Company shall not consolidate with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to another PersonPerson other than to one or more of the wholly-owned Subsidiaries of the Company, unless:
Appears in 2 contracts
Samples: Indenture (GDS Holdings LTD), Indenture (China Lodging Group, LTD)
