Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:
Appears in 12 contracts
Samples: Supplemental Indenture (Hornbeck Offshore Services Inc /La), Supplemental Indenture (Hornbeck Offshore Services Inc /La), Indenture (Goodrich Petroleum Corp)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:
Appears in 12 contracts
Samples: Indenture (Trinity Industries Inc), Purchase (Group 1 Automotive Inc), Purchase (Kyphon Inc)
Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or with, merge with or intointo another Person, permit any Person to merge with or into it, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ properties and assets to, another Person(computed on a consolidated basis) (as an entirety or substantially an entirety in one transaction or a series of related transactions), unless:
Appears in 12 contracts
Samples: Supplemental Indenture (Enrestechnology LLC), Supplemental Indenture (Energy Resources Rail LLC), Indenture (Emerald Plantation Holdings LTD)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:
Appears in 8 contracts
Samples: Indenture (MSCI Inc.), Indenture (MSCI Inc.), Indenture (MSCI Inc.)
Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:
Appears in 6 contracts
Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)
Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all its properties and of assets to, another to any Person, unless:
Appears in 6 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another any Person, unless:
Appears in 5 contracts
Samples: Indenture (Manor Care Inc), Indenture (HCRC Inc), Indenture (HCRC Inc)
Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with, amalgamate with or merge with or into, into any other Person or convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets tosubstantially as an entirety (determined on a consolidated basis for the Company and its consolidated Subsidiaries), another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with, amalgamate with or merge with or into the Company, unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Open Text Corp), Supplemental Indenture (Open Text Corp), Indenture (Open Text Corp)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with 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 tosubstantially as an entirety to any successor Person (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:
Appears in 5 contracts
Samples: First Supplemental Indenture (Quidel Corp /De/), First Supplemental Indenture (Medivation, Inc.), First Supplemental Indenture (Spectranetics Corp)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or intointo or sell, or convey, transfer or lease all or substantially all of its properties and assets toto any other Person (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:
Appears in 4 contracts
Samples: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its properties of the property and assets of the Company or the Company’s Subsidiaries taken as a whole (in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:
Appears in 4 contracts
Samples: Indenture (Applied Materials Inc /De), Thermo Fisher Scientific Inc., Thermo Fisher Scientific Inc.
Consolidation, Merger and Sale of Assets. The Company Corporation shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of the assets of the Corporation and its properties and assets subsidiaries, taken as a whole, to, another Person, entity unless:
Appears in 3 contracts
Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:
Appears in 3 contracts
Samples: Passu Intercreditor Agreement (Oppenheimer Holdings Inc), Execution Version (Oppenheimer Holdings Inc), Indenture (Oppenheimer Holdings Inc)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or intointo any other Person, or convey, transfer transfer, sell, lease or lease otherwise dispose of all or substantially all its properties and assets to, another any other Person, unless:
Appears in 2 contracts
Samples: Indenture (Interstate Bakeries Corp/De/), Intercreditor Agreement (Interstate Bakeries Corp/De/)
Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or conveydirectly and/or indirectly through its Subsidiaries sell, transfer assign, transfer, lease, convey or lease otherwise dispose of all or substantially all its of the properties and assets toof the Company and its Subsidiaries taken as a whole in one or more related transactions, another Person, to any other Person unless:
Appears in 2 contracts
Samples: Option Agreement (National Steel Corp), Option Agreement (NKK Usa Corp)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of the Company’s and its Subsidiaries’ properties and assets assets, taken as a whole, to, another Person, any other Person or permit any Person to merge with or into it unless:
Appears in 2 contracts
Samples: Indenture (Altera Corp), Altera Corp
Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety to any Person and may not permit any Person to consolidate with or merge into the Company or convey, another Persontransfer or lease its properties and assets substantially as an entirety to the Company, unless:
Appears in 2 contracts
Samples: Indenture (Rock-Tenn CO), Indenture (Rock-Tenn Co of Texas)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of the Company’s and its properties Subsidiaries’ property and assets toassets, taken as a whole to another Person, Person unless:
Appears in 2 contracts
Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Verisign Inc/Ca), Supplemental Indenture (Verisign Inc/Ca)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person (other than a Restricted Subsidiary) or permit any Person (other than a Restricted Subsidiary) to merge with or into the Company unless:
Appears in 2 contracts
Samples: Note Purchase Agreement (Knowles Electronics Holdings Inc), Knowles Electronics LLC
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its properties and assets to, another Person, unless:
Appears in 2 contracts
Samples: Smithfield Foods Inc, Smithfield Foods Inc
Consolidation, Merger and Sale of Assets. (j) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:
Appears in 1 contract
Samples: California Resources Corp
Consolidation, Merger and Sale of Assets. (a) The Company shall not, and shall not permit any of its Subsidiaries to, consolidate with or merge with into another Person or intosell, or convey, transfer or lease all or substantially all its properties and or assets to, another substantially as an entirety to any Person, unless:
Appears in 1 contract
Samples: Note Purchase Agreement (National Auto Finance Co Inc)
Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all of its properties and assets to, another to any Person, unless:
Appears in 1 contract
Samples: Kmart Corp
Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of the assets of the Company and its properties and assets subsidiaries, taken as a whole, to, another Person, entity unless:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or conveysell, transfer lease, or lease convey all or substantially all its properties and assets to, another any Person, unless:
Appears in 1 contract
Samples: Apogent Technologies Inc
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:: 24
Appears in 1 contract
Samples: Newmont Mining Corp /De/
Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or intointo any other Person or, directly or indirectly, convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety to any Person or Persons (in one transaction or a series of related transactions), another Person, unlessunless each of the following conditions is satisfied:
Appears in 1 contract
Samples: Note Purchase Agreement (Vanguard Car Rental Group Inc.)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Personany Person or permit any Person to merge with or into the Company, unless:
Appears in 1 contract
Samples: Indenture (Earthlink Inc)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other person or convey, transfer or lease all or substantially all its properties and assets to, another Personsubstantially as an entirety to any person, unless:
Appears in 1 contract
Samples: Grey Wolf Inc
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its of the consolidated properties and assets of the Company and its Subsidiaries and Consolidated Affiliated Entities, taken as a whole, to, another Person, unless:
Appears in 1 contract
Samples: Indenture (Vipshop Holdings LTD)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:
Appears in 1 contract
Samples: Indenture (Verisign Inc/Ca)
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another any Person, unless:.
Appears in 1 contract
Samples: Multicanal Sa
Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all of its properties and assets toto any other Person in a single transaction or a series of related transactions (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge with or intointo any other Person or sell, or convey, transfer or lease all or substantially all its properties the Company’s property and assets to, substantially as an entirety to another Person, unless:
Appears in 1 contract
Samples: Stone Energy Corp