Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.16) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 9 contracts
Samples: Indenture (Nationsrent Companies Inc), Indenture (Eschelon Telecom Inc), Indenture, (Atlantic Paratrans of Arizona, Inc.)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.16) will not, and the Company will not cause or permit any Guarantor toconsolidate, consolidate with amalgamate or merge with or into (whether or not such Guarantor is the surviving entity) any Person other than the Company or any another Guarantor or Restricted Subsidiary that becomes a Guarantor concurrently with the transaction (in each case, other Guarantor than in accordance with Section 4.10 hereof) unless:
Appears in 3 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.10) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 3 contracts
Samples: Indenture, (Boston Gear LLC), Indenture (Altra Industrial Motion, Inc.), Indenture, (Sand Springs Railway CO)
Guarantors May Consolidate, etc., on Certain Terms. Each No Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any sale of such Guarantor in a transaction complying with Section 4.16) will notwill, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor that is a Wholly Owned Restricted Subsidiary unless:
Appears in 3 contracts
Samples: Article Twelve Agreement (Golfsmith International Holdings Inc), Coinmach Corp, Appliance Warehouse of America Inc
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.15) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into or sell, assign, transfer, lease or convey or otherwise dispose of all or substantially all of such Guarantor’s assets to any Person Person, other than the Company or any other Guarantor Guarantor, unless:
Appears in 2 contracts
Samples: McLeodUSA Holdings Inc, McLeodusa Inc
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with this Section 4.1610.04 and Section 4.11) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person Person, other than the Company or any other Guarantor unless:
Appears in 2 contracts
Samples: Indenture, (Kratos Defense & Security Solutions, Inc.), Indenture (Edgen Louisiana CORP)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with this Section 4.1610.04 and Section 4.10) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of such Guarantors’ assets to any Person, other than the Company or any other Guarantor unless:
Appears in 2 contracts
Samples: Indenture (CitiSteel PA, Inc.), Indenture (CitiSteel PA, Inc.)
Guarantors May Consolidate, etc., on Certain Terms. (a) Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.10) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 2 contracts
Samples: Viskase Companies Inc, Viskase Companies Inc
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than the Parent and any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.13) will not, and the Company Issuers will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company Issuers or any other Guarantor unless:
Appears in 1 contract
Samples: Indenture, (Tcby of Australia, Inc.)
Guarantors May Consolidate, etc., on Certain Terms. (a) Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.10) will not, and the Company Issuers will not cause or permit any Guarantor to, sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) with or into any Person other than the Company Issuers or any other Guarantor unless:
Appears in 1 contract
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with the provisions of this Section 10.04 and Section 4.16) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person Person, other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Article Twelve Agreement (American Rock Salt Co LLC)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with this Section 4.1610.04 and Section 4.11) will not, and the Company Issuer will not cause or permit any Guarantor to, consolidate with or merge with or into any Person Person, other than the Company Issuer or any other Guarantor unless:
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Edgen Murray PLC)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with this Section 4.1610.04 and Section 4.10) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person Person, other than the Company or any other Guarantor Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Hawk Corp)
Guarantors May Consolidate, etc., on Certain Terms. Each Except as otherwise provided in Section 10.05 hereof, each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.16) will not, and the Company will not cause or permit any Guarantor to, amalgamate or consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the its Guarantee and this Indenture in connection with any transaction complying with Section 4.1611.06) will shall not, and the Company will shall not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Indenture (Neff Finance Corp.)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.10) will not, and the Company Issuer will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company Issuer or any other Guarantor unless:
Appears in 1 contract
Samples: Indenture (Verrazano,inc.)
Guarantors May Consolidate, etc., on Certain Terms. Each No Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any sale of such Guarantor in a transaction complying with Section 4.164.10) will notwill, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor that is a Wholly Owned Restricted Subsidiary unless:
Appears in 1 contract
Samples: Indenture (Ameristar Casinos Inc)
Guarantors May Consolidate, etc., on Certain Terms. Each Except as otherwise provided in Section 10.05 hereof, each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.16) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Tennant Company (Tennant Co)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and if this Indenture in connection with any transaction complying with Section 4.16) will not, and the Company will not cause or permit any Guarantor toconsolidate, consolidate with amalgamate or merge with or into (whether or not such Guarantor is the surviving entity) any Person other than the Company or any another Guarantor (in each case, other Guarantor than in accordance with Section 4.10 hereof) unless:
Appears in 1 contract
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture Agreement in connection with any transaction complying with Section 4.165.9) will not, and the Company will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Atlantic Express Transportation Corp)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Note Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with this Section 4.1610.04 and Section 4.10) will not, and the Company will not cause or permit any such Guarantor to, sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person), any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Indenture (Sterling Chemicals Inc)
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.164.13) will not, and the Company Issuers will not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company Issuers or any other Guarantor unless:
Appears in 1 contract
Guarantors May Consolidate, etc., on Certain Terms. Each Guarantor (other than any Guarantor whose Guarantee is to be released in accordance with the terms of the Guarantee and this Indenture in connection with any transaction complying with Section 4.16) will shall not, and the Company will shall not cause or permit any Guarantor to, consolidate with or merge with or into any Person other than the Company or any other Guarantor unless:
Appears in 1 contract
Samples: Registration Rights Agreement (Broadview Networks Holdings Inc)