Merger, Consolidation and Sale of Property. The Company shall not merge, consolidate or amalgamate with or into any other Person (other than a merger of a Restricted Subsidiary into the Company) or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of transactions unless:
Merger, Consolidation and Sale of Property. The Issuer shall not merge, consolidate or amalgamate with or into any other Person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of transactions unless:
Merger, Consolidation and Sale of Property. The Borrower shall not, and shall not permit any Restricted Subsidiary to, merge, consolidate or amalgamate with or into any other person (other than a merger of a Wholly-Owned Subsidiary into the Borrower), or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of transactions unless:
Merger, Consolidation and Sale of Property. (a) Prior to the Release, except in connection with the Release or the Special Mandatory Redemption and the transactions contemplated by the Escrow and Pledge Agreement, the Company shall not merge, consolidate or amalgamate with or into any other Person or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of related transactions.
Merger, Consolidation and Sale of Property. 69 Section 5.02. When Guarantors May Merge or Transfer Assets 70 Section 5.03. Application to the Consummation of the Transactions 71 ARTICLE 6 Defaults and Remedies Section 6.01. Events of Default 71 Section 6.02. Acceleration 73 Section 6.03. Other Remedies 73 Section 6.04. Waiver of Past Defaults 73 Section 6.05. Control by Majority 73 Section 6.06. Limitation on Suits 74 Section 6.07. Rights of Holders to Receive Payment 74 Section 6.08. Collection Suit by Trustee 74 Section 6.09. Trustee May File Proofs of Claim 74 Section 6.10. Priorities 75 Section 6.11. Undertaking for Costs 75 Section 6.12. Waiver of Stay or Extension Laws 75 Section 6.13. Restoration of Rights and Remedies 75 Section 6.14. Rights and Remedies Cumulative 76 Section 6.15. Delay or Omission Not Waiver 76
Merger, Consolidation and Sale of Property. Section 5.01.
Merger, Consolidation and Sale of Property. 71 Section 5.02. When Guarantors May Merge or Transfer Assets 72 Section 5.03. Application to the Consummation of the Transactions 73 DEFAULTS AND REMEDIES Section 6.01. Events of Default 73 Section 6.02. Acceleration 74 Section 6.03. Other Remedies 75 Section 6.04. Waiver of Past Defaults 75 Section 6.05. Control by Majority 75 Section 6.06. Limitation on Suits 76 Section 6.07. Rights of Holders to Receive Payment 76 Section 6.08. Collection Suit by Trustee 76 Section 6.09. Trustee May File Proofs of Claim 76 Section 6.10. Priorities 77 Section 6.11. Undertaking for Costs 77 Section 6.12. Waiver of Stay or Extension Laws 77 Section 6.13. Restoration of Rights and Remedies 77 Section 6.14. Rights and Remedies Cumulative 78 Section 6.15. Delay or Omission Not Waiver 78 TRUSTEE Section 7.01. Duties of Trustee 78 Section 7.02. Rights of Trustee 79 Section 7.03. Individual Rights of Trustee 81 Section 7.04. Trustee’s Disclaimer 81 Section 7.05. Notice of Defaults 81 Section 7.06. [Reserved] 81 Section 7.07. Compensation and Indemnity 81 Section 7.08. Replacement of Trustee 82 Section 7.09. Successor Trustee by Merger 83 Section 7.10. Eligibility; Disqualification 83 Section 7.11. Preferential Collection of Claims Against Issuer 84 ARTICLE 8 DISCHARGE OF INDENTURE; DEFEASANCE
Merger, Consolidation and Sale of Property. The Company shall not merge, consolidate or amalgamate with or into any other Person (other than a merger of a Wholly Owned Subsidiary into the Company) or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of transactions unless: (a) the Company shall be the surviving Person (the "Surviving Person") or the Surviving Person (if other than the Company) formed by such merger, consolidation or amalgamation or to which such sale, transfer, assignment, lease, conveyance or disposition is made shall be a corporation organized and existing under the laws of the United States of America, any State thereof or the District of Columbia; (b) the Surviving Person (if other than the Company) expressly assumes, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such Surviving Person, the due and punctual payment of the principal of, and premium, if any, and interest on, all the Securities, according to their tenor, and the due and punctual performance and observance of all the covenants and conditions of this Indenture to be performed by the Company; (c) in the case of a sale, transfer, assignment, lease, conveyance or other disposition of all or substantially all the Property of the Company, such Property shall have been transferred as an entirety or virtually as an entirety to one Person; (d) immediately before and after giving effect to such transaction or series of transactions on a pro forma basis (and treating, for purposes of this clause (d) and clauses (e) and (f) below, any Debt that becomes, or is anticipated to become, an obligation of the Surviving Person or any Restricted Subsidiary as a result of such transaction or series of transactions as having been Incurred by the Surviving Person or such Restricted Subsidiary at the time of such transaction or series of transactions), no Default or Event of Default shall have occurred and be continuing; (e) immediately after giving effect to such transaction or series of transactions on a pro forma basis, the Company or the Surviving Person, as the case may be, would be able to Incur at least $1.00 of additional Debt under Section 4.03(a)(i); (f) immediately after giving effect to such transaction or series of transactions on a pro forma basis, the Surviving Person shall have a Consolidated Net Worth in an amount that is not less than the Consolidated Net Worth of the Company immediate...
Merger, Consolidation and Sale of Property. SECTION 5.01. When Parent or a Guarantor May Merge or Transfer Assets. The Parent shall not, and shall not permit any Guarantor to, merge, consolidate or amalgamate with or into any other Person (other than a merger of a Wholly Owned Subsidiary into the Parent including, without limitation, pursuant to the Transformation Program) or sell, transfer, assign, lease, convey or otherwise dispose of all or substantially all its Property in any one transaction or series of transactions unless:
Merger, Consolidation and Sale of Property. 68 Section 5.02. Successor Corporation Substituted. 70
