Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 29 contracts
Samples: Fourth Supplemental Indenture (Omnicare Inc), First Supplemental Indenture (Omnicare Inc), Indenture (Lifepoint Hospitals, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; corporation, Person or entity unless:
Appears in 7 contracts
Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), Indenture (NTL Inc /De/)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 6 contracts
Samples: First Supplemental Indenture (Jarden Corp), Indenture (Prime Hospitality Corp), Ap Holdings Inc
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Unifi Inc), Payless Shoesource Inc /De/, K&f Industries Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; corporation, person or entity unless:
Appears in 3 contracts
Samples: Registration Rights Agreement (P Com Inc), Indenture (Midcom Communications Inc), P Com Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, transactions to another Person; corporation, Person or entity unless:
Appears in 3 contracts
Samples: Indenture (MGC Communications Inc), Indenture (Concord Camera Corp), Senior Note Indenture (Intermedia Communications Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 2 contracts
Samples: Highwaymaster Corp, Louisiana Ship Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) will not consolidate with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transferlease, convey or otherwise dispose of transfer all or substantially all of the properties its assets (such amounts to be computed on a consolidated basis), whether in a single transaction or assets a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person or group of affiliated Persons unless:
Appears in 2 contracts
Samples: Mikohn (Mikohn Gaming Corp), Orbital Sciences Corp /De/
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transferlease, convey or otherwise dispose of transfer all or substantially all of the properties Company's assets (such amounts to be computed on a consolidated basis), whether in a single transaction or assets a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person or group of affiliated Persons, unless:
Appears in 2 contracts
Samples: Dennys Corp, CSK Auto Corp
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transferlease, convey or otherwise dispose of transfer all or substantially all of the properties Company’s assets (such amounts to be computed on a consolidated basis), whether in a single transaction or assets a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person or group of affiliated Persons, unless:
Appears in 2 contracts
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person or Persons, unless:
Appears in 2 contracts
Samples: Indenture (Moog Inc), Stockholders' Agreement (Solo Texas, LLC)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1a) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2b) sell, assign, lease, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 2 contracts
Samples: Indenture (Advance Paradigm Inc), Advancepcs Research LLC
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: may not (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; Person unless:
Appears in 1 contract
Samples: Caraustar Industries Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 1 contract
Samples: Indenture (Mark I Molded Plastics of Tennessee Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; person unless:
Appears in 1 contract
Samples: Indenture (Grant Prideco Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; corporation, Person or entity, unless:
Appears in 1 contract
Samples: Indenture (Tv Filme Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; unless:Person unless (i) the Company is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than the Company) or to which such sale, assignment, transfer, conveyance or other
Appears in 1 contract
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; unless:Person unless (i) the Company is the surviving corporation or the Person formed by or surviving any such
Appears in 1 contract
Samples: Indenture (Emcore Corp)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; corporation, Person or entity, unless:
Appears in 1 contract
Samples: Indenture (Aei Resources Inc)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (a) (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; or (b) permit any Person to (1) consolidate or merge with or into the Company (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, to the Company; unless:
Appears in 1 contract
Samples: Community Health Systems Inc/
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 1 contract
Samples: Indenture (Cinemark Inc)
Merger, Consolidation or Sale of Assets. Section 10.01. COMPANY MAY CONSOLIDATE, MERGE OR SELL ITS ASSETS ONLY ON CERTAIN TERMS. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or its properties and assets substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as in their entirety (computed on a wholeconsolidated basis) to, in one or more related transactionsany Person, to another Person; unless:
Appears in 1 contract
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person unless:
Appears in 1 contract
Samples: Pca Valdosta Corp