Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 46 contracts
Samples: Indenture (General Maritime Corp / MI), Indenture (Community Health Systems Inc), Indenture (Prospect Medical Holdings Inc)
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 25 contracts
Samples: Credit Agreement (Cornell Companies Inc), Indenture (Ryerson Tull Inc /De/), Indenture (Earth Products, Inc.)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 19 contracts
Samples: Indenture (OneMain Financial Holdings, Inc.), Indenture (Atento S.A.), Indenture (Ladder Capital Corp)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets toassets, in one transaction or a series of related transactions, to any Person, unless:
Appears in 18 contracts
Samples: Indenture (Atento S.A.), Indenture (Atento S.A.), Indenture (Versum Materials, Inc.)
Merger and Consolidation. The Company will not, and will not permit any of its Subsidiaries to, consolidate with or merge with or into, any other Person or convey, transfer or lease all or substantially all of its assets to, in a single transaction or series of transactions to any Person, unless; provided that:
Appears in 18 contracts
Samples: Note Purchase Agreement (GFI Group Inc.), Note Purchase Agreement (Stericycle Inc), Supplemental Agreement (Old Dominion Freight Line Inc/Va)
Merger and Consolidation. The Company will not, and will not permit any of its Restricted Subsidiaries to, consolidate with or merge with or into, any other Person or convey, transfer or lease all or substantially all of its assets to, in a single transaction or series of transactions to any Person, unless; provided that:
Appears in 17 contracts
Samples: Note Purchase Agreement (Stepan Co), Note Purchase Agreement (Intercontinentalexchange Inc), Note Purchase Agreement (Miller Herman Inc)
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets toassets, in one transaction or a series of related transactions, to any Person, unless:
Appears in 15 contracts
Samples: Indenture (Dun & Bradstreet Holdings, Inc.), Joinder Agreement (Macy's, Inc.), Indenture (TripAdvisor, Inc.)
Merger and Consolidation. The Company will not, and will not permit any of its Restricted Subsidiaries to, consolidate with or merge with or into, any other Person or convey, transfer or lease all or substantially all of its assets to, in a single transaction or series of transactions to any Person, unless; provided that:
Appears in 14 contracts
Samples: Note Purchase Agreement (West Pharmaceutical Services Inc), Subsidiary Guaranty Agreement (Eagle Materials Inc), Note Purchase Agreement (Mettler Toledo International Inc/)
Merger and Consolidation. The Company will not, and will not permit any Restricted Subsidiary to, consolidate with or merge be a party to a merger with or into, any other Person or convey, transfer or lease all or substantially all of its assets to, in a single transaction or series of transactions to any Person; provided, unlesshowever, that:
Appears in 11 contracts
Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Marcus Corp)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or convey, transfer or lease all or substantially all of the assets of the Company and its assets Subsidiaries, taken as a whole, in one or more related transactions to, any Person, unless:
Appears in 10 contracts
Samples: Indenture (Goodrich Petroleum Corp), Intercreditor Agreement (Goodrich Petroleum Corp), Purchase Agreement (Goodrich Petroleum Corp)
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease lease, in one transaction or a series of transactions, directly or indirectly, all or substantially all its assets to, any Person, unless:
Appears in 9 contracts
Samples: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.), Indenture (Ryan's Restaurant Leasing Company, LLC)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or convey, transfer or lease all or substantially all of the assets of the Company and its assets Subsidiaries, taken as a whole, in one or more related transaction to, any Person, unless:
Appears in 9 contracts
Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (SM Energy Co)
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or convey, transfer transfer, lease or lease otherwise dispose of, in one transaction or a series of transactions, all or substantially all the assets of the Company and its assets Restricted Subsidiaries, taken as a whole, to, any Person, unless:
Appears in 7 contracts
Samples: Indenture (CONSOL Energy Inc), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Merger and Consolidation. (a) The Company will not consolidate with or merge or amalgamate with or into, or convey, transfer or lease all or substantially all its assets to, to any Person, unless:
Appears in 7 contracts
Samples: Indenture (Broader Media Holdings, LLC), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, into or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 7 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)
Merger and Consolidation. The Company will not, and will not permit any Restricted Subsidiary to, consolidate with or merge with or into, any other Person or convey, transfer or lease all or substantially all of its assets to, in a single transaction or series of transactions to any Person, unless; provided that:
Appears in 5 contracts
Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Diebold Inc), Note Purchase Agreement (Amcol International Corp)
Merger and Consolidation. The (a) None of the Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 5 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or intointo or wind up into (whether or not the Company is the surviving corporation), or sell, assign, convey, transfer or lease otherwise dispose of all or substantially all of the assets and properties of the Company and its assets toRestricted Subsidiaries, taken as a whole, in one or more related transactions, to any Person, Person unless:
Appears in 4 contracts
Samples: Indenture (Viasat Inc), Supplemental Indenture (Viasat Inc), Indenture (Viasat Inc)
Merger and Consolidation. The Company will shall not (1) consolidate with or merge with or into, or convey, transfer sell, transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets to, any Personother Person 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 4 contracts
Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (Aar Corp)
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or convey, transfer or lease lease, in one transaction or a series of related transactions, all or substantially all its assets to, any Person, unless:
Appears in 4 contracts
Samples: Fourth Secured Term Loan Agreement (MSX International Inc), Term Loan Agreement (MSX International Inc), Wyman Gordon Co
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets and its Subsidiaries’ assets (taken as a whole) to, any PersonPerson (or another Restricted Subsidiary), unless:
Appears in 3 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)
Merger and Consolidation. The Company will shall not (1) consolidate with or merge with or into, or convey, transfer sell, transfer, lease or lease otherwise dispose of all or substantially all its properties and assets to, any Personother Person 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 (Aar Corp), Indenture (PSS World Medical Inc), Indenture (Kroll Inc)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets and its Subsidiaries’ assets (taken as a whole) to, any Person, unless:
Appears in 3 contracts
Samples: Indenture (Aecom Technology Corp), Indenture (Orbital Atk, Inc.), Alliant Techsystems Inc
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets on a consolidated basis to, any Person, unless:
Appears in 2 contracts
Samples: First Supplemental Indenture (Cimarex Energy Co), Second Supplemental Indenture (Cimarex Energy Co)
Merger and Consolidation. The Company will not merge into or consolidate with, or sell, lease, transfer or otherwise dispose of all or substantially all of its Property to, any other Person or permit any other Person to consolidate with or merge with into it; provided that the foregoing restriction does not apply to the merger or intoconsolidation of the Company with, or conveythe sale, lease, transfer or lease other disposition by the Company of all or substantially all of its assets Property to, any Personanother corporation, unlessif:
Appears in 2 contracts
Samples: Note Purchase Agreement (Seaboard Corp /De/), Seaboard Corp /De/
Merger and Consolidation. The Company will not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or conveysell, transfer assign, transfer, lease, convey or lease otherwise dispose of all or substantially all of its properties or assets toin one or more related transactions, any Person, to another Person unless:
Appears in 2 contracts
Samples: Indenture (Portola Packaging, Inc. Mexico, S.A. De C.V.), Indenture (Portola Packaging Inc)
Merger and Consolidation. The (a)The Company will not consolidate with or merge with or intointo any other Person, or sell, lease, convey, assign, transfer or lease otherwise dispose of all or substantially all its properties and assets to, any to another Person, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Quicksilver Resources Inc), Supplemental Indenture (Quicksilver Resources Inc)
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, into any other corporation or convey, transfer or lease all or substantially all of its properties and assets to, as an entirety to any Person, Person unless:
Appears in 2 contracts
Samples: Ck Witco Corp, Ck Witco Corp
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any PersonPerson (other than, as applicable, such mergers, conveyances, transfers, and leases occurring at or contemporaneously with the Effective Time pursuant to the Plan of Reorganization), unless:
Appears in 2 contracts
Samples: Indenture (New Nebraska Book Company, Inc.), Indenture (NBC Acquisition Corp)
Merger and Consolidation. The Company will may not consolidate with or merge with or intointo any other Person, or convey, transfer or lease all or substantially all its properties and assets to, any to another Person, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Quicksilver Resources Inc), Quicksilver Resources Inc
Merger and Consolidation. The Company will not consolidate shall not, in a single transaction or through a series of related transactions, consolidate, merge or amalgamate with or merge with into any other corporation or intosell, or assign, convey, transfer or lease or otherwise dispose of all or substantially all of its properties and assets to, as an entirety to any PersonPerson or group of affiliated Persons, unless:
Appears in 2 contracts
Samples: Security Agreement (Aes China Generating Co LTD), Security Agreement (Aes China Generating Co LTD)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets and its Subsidiaries’ assets (taken as a whole) to, any PersonPerson (or another Subsidiary), unless:
Appears in 2 contracts
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets toassets, in one or more related transactions, to any Person, unless:
Appears in 2 contracts
Samples: Indenture (Deluxe Corp), Deluxe Corp
Merger and Consolidation. (a) The Company will not consolidate or amalgamate with or merge with or intointo (whether or not the Company is the surviving corporation), or convey, transfer or lease all or substantially all the assets of the Company and its assets Subsidiaries, taken as a whole, in one or more related transactions to, any Person, unless:
Appears in 2 contracts
Samples: Indenture (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, or assign, convey, transfer transfer, lease or lease otherwise dispose all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions to, any Person, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Merger and Consolidation. The Company will shall not ------------------------ consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Applied Business Telecommunications
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or convey, transfer or lease lease, in one transaction or a series of transactions, directly or indirectly, all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Petroquest Energy Inc)
Merger and Consolidation. The (a) Subject to Section 4.25 hereof, the Company will not consolidate with or merge with or into, or assign, convey, transfer transfer, lease or lease otherwise dispose all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Altice USA, Inc.)
Merger and Consolidation. (a) The Company will not consolidate with or merge with or into, into or convey, transfer or lease all or substantially all its assets to, any Person, unless:: 105
Appears in 1 contract
Samples: Indenture (Avis Budget Group, Inc.)
Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets and its Subsidiaries’ assets (taken as a whole) to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Aecom)
Merger and Consolidation. (1) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets on a consolidated basis to, any Person, unless:
Appears in 1 contract
Samples: Coffeyville Resources, LLC
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets to, any Person, unless:
Appears in 1 contract
Samples: Doane Pet Care Co
Merger and Consolidation. (a). The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Cimarex Energy Co
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or intointo any other Person or transfer (by lease, assignment, sale or convey, transfer or lease otherwise) all or substantially all of its properties and assets to, any Person, to another Person unless:
Appears in 1 contract
Samples: Macy's, Inc.
Merger and Consolidation. The Company will not consolidate with or merge with or into, or sell, convey, assign, transfer or lease otherwise dispose of all or substantially all its properties and assets to, any Person, unless:
Appears in 1 contract
Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)
Merger and Consolidation. (a) The Company will not not, directly or indirectly, consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Merger and Consolidation. (a) The Company will shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all Substantially All its assets toassets, in one transaction or a series of related transactions, to any Person, unless:
Appears in 1 contract
Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer or lease all of or substantially all of its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Imco Recycling Inc)
Merger and Consolidation. (c) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (CHURCHILL DOWNS Inc)
Merger and Consolidation. The Company will not consolidate with or merge with or into, or sell, lease, convey, assign, transfer or lease otherwise dispose of all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Supplemental Indenture (Ship Finance International LTD)
Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer or lease all of or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Indenture (Coastal Paper CO)
Merger and Consolidation. The Each Indenture provides that the Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: people.stern.nyu.edu
Merger and Consolidation. The Company will not consolidate with or merge with or into, or conveysell, transfer assign, transfer, convey or lease otherwise dispose of all or substantially all of the properties or assets of the Company and its assets toRestricted Subsidiaries taken as a whole in one or more related transactions, any to another Person, unless:
Appears in 1 contract
Merger and Consolidation. (d) The Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Churchill Downs Inc
Merger and Consolidation. The Company will not consolidate with or merge with or into, or convey, transfer transfer, lease, assign or lease otherwise dispose of, in one transaction or a series of transactions, directly or indirectly, all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: Waiver and Letter Agreement (Xm Satellite Radio Holdings Inc)
Merger and Consolidation. The Company will not consolidate with or merge with or intointo any other corporation, or convey, transfer or lease all or its properties and assets substantially all its assets to, as an entirety to any Person, unless:
Appears in 1 contract
Merger and Consolidation. The Company will shall not consolidate with or merge with or into, or sell, convey, transfer or lease all or substantially all its properties and assets to, any Person, another Person unless:
Appears in 1 contract
Samples: Indenture (Ual Corp /De/)
Merger and Consolidation. The Company will Holdings shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its assets to, any Person, unless:
Appears in 1 contract
Samples: NBC Acquisition Corp