CONSOLIDATION, MERGER AND SALE. SECTION 10.01. Unless a Company Order or supplemental indenture establishing a series of Securities provides otherwise, nothing contained in this Indenture or in any of the Securities shall prevent any consolidation or merger of the Company with or into any other corporation or corporations (whether or not affiliated with the Company), or successive consolidations or mergers in which the Company or its successor or successors shall be a party or parties, or shall prevent any sale, conveyance, transfer or other disposition of all or substantially all of the property of the Company or its successor or successors as an entirety, or substantially as an entirety, to any other corporation (whether or not affiliated with the Company or its successor or successors) authorized to acquire and operate the same; provided, however, the Company hereby covenants and agrees that, upon any such consolidation, merger, sale, conveyance, transfer or other disposition, the due and punctual payment of the principal of (premium, if any) and interest on all of the Securities of all series in accordance with the terms of each series, according to their tenor, and the due and punctual performance and observance of all the covenants and conditions of this Indenture with respect to each series or established with respect to such series pursuant to Section 2.01 to be kept or performed by the Company, shall be expressly assumed, by supplemental indenture (which shall conform to the provisions of the Trust Indenture Act as then in effect) satisfactory in form to the Trustee executed and delivered to the Trustee by the entity formed by such consolidation, or into which the Company shall have been merged, or by the entity which shall have acquired such property.
CONSOLIDATION, MERGER AND SALE. The Company will not consolidate or merge with or into, or sell or otherwise dispose of all or substantially all of its property in one or more related transactions to, any other corporation or other entity, unless:
CONSOLIDATION, MERGER AND SALE. SECTION 12.01. Company may Consolidate, etc.,
CONSOLIDATION, MERGER AND SALE. SECTION 10.01. The Company covenants that it will not merge into or consolidate with any other corporation or other entity (whether or not affiliated with the Company) or sell, convey, transfer, lease or otherwise dispose of all or substantially all of its property to any other corporation or other entity (whether or not affiliated with the Company or its successor or successors), unless (i) such other corporation or Person shall expressly assume the due and punctual payment of the principal of, and premium, if any, and interest on all the Securities of all series in accordance with the terms of each series, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture with respect to each series or established with respect to such series pursuant to Section 2.01 to be kept or performed by the Company by supplemental indenture satisfactory to the Trustee, executed and delivered to the Trustee by such corporation or Person and (ii) immediately after giving effect to such merger or consolidation, or such sale, conveyance, transfer or lease or other disposition, no Default or Event of Default shall have occurred and be continuing. Any Person may merge into or consolidate with the Company provided that the Company is the surviving corporation.
CONSOLIDATION, MERGER AND SALE. Section 801. Company May Consolidate, Etc.,
CONSOLIDATION, MERGER AND SALE. SECTION 12.01. Company May Consolidate, etc., on Certain Terms..74 SECTION 12.02. Securities to be Secured in Certain Events.......74 SECTION 12.03. Successor Corporation to be Substituted..........75 SECTION 12.04. Opinion of Counsel to be Given Trustee...........75 ARTICLE THIRTEEN.
CONSOLIDATION, MERGER AND SALE. 10.1 Company May Merge, Consolidate, Etc., Upon Certain Terms. . . . . . . . . . . . . . . . . . . . . . . . 42 10.2 Successor Corporation to be Substituted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
CONSOLIDATION, MERGER AND SALE. The Company shall not merge or consolidate with any person and will not sell, lease or convey all or substantially all of its assets to any person, unless the Company shall be the surviving entity or the successor entity that acquires all or substantially all of the assets of the Company or any Subsidiary, as the case may be, shall be a corporation, partnership or limited liability company or trust organized under the laws of the United States or a State therein or the District of Columbia and such entity shall expressly assume in writing all obligations of the Company under this Agreement, the New Subordinated Notes and the Registration Rights Agreement. The Company shall not and shall not permit any Subsidiary to merge or consolidate with any person and will nor sell, lease or convey all or substantially all of its assets to any person unless immediately after giving effect to such merger, consolidation, sale, lease or conveyance (a) no Event of Default, and no event which, after notice or lapse of time would become an Event of Default, shall have happened and be continuing and (b) the Company would be able to incur at least $1.00 in Debt without violating the terms of any agreement or instrument to which it is a party.
CONSOLIDATION, MERGER AND SALE. The Company will not (a) consolidate or merge with or into (or permit any subsidiary to consolidate or merge with or into) any other person other than a subsidiary (where the pre-existing stockholders of the Company will own a majority of the voting stock of the surviving entity), or (b) sell or otherwise dispose of (or permit any subsidiary to sell or otherwise dispose of) a material portion of its property or assets in one or more transactions to, any other person or entity or enter into (or permit any subsidiary to enter into) an agreement with respect to any of the foregoing without the prior consent of the Payee.
CONSOLIDATION, MERGER AND SALE. SECTION 9.1 COMPANY MAY MERGE, CONSOLIDATE, ETC.,
