Common use of Mergers, Consolidations and Sales of Assets Clause in Contracts

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person or dispose of all or a substantial part of the assets of the Company and its Consolidated Subsidiaries; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary of its Subsidiaries to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, to (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part of the assets of the Company and or its Consolidated Restricted Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit the Trust or any Consolidated other Restricted Subsidiary to, consolidate with or be a party to a merger or amalgamation with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate or amalgamate with or be a party to a merger with or wind-up into any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary of its Subsidiaries to, (i) consolidate with or be a party to a merger with any other Person or (ii) sell, lease or otherwise dispose of all or a substantial part any of the assets Property of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company Obligors will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Principal Subsidiary to, consolidate with or be a party to a merger with any other Person or dispose of all or a substantial part of the assets of the Company and its Consolidated Subsidiariescorporation; provided thatbut:

Mergers, Consolidations and Sales of Assets. (a) The Company Each of the Constituent Companies will not, and will not permit any Consolidated Subsidiary of its Subsidiaries to, consolidate with or be a party to a merger with any other Person corporation, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (1) consolidate with or be a party to a merger with any other Person corporation, (2) sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiaries; provided Subsidiaries (on a consolidated basis), or (3) issue any securities or any rights or options to purchase securities for less than fair value as determined in good faith by the Board of Directors, provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person corporation, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not suffer or permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of (including by means of merger or consolidation) all or a any substantial part (as defined in paragraph (e) of this §5.17) of the assets of the Company and its Consolidated the Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section 5.10) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person corporation, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company Corporation will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section 18.4) of the assets of the Company Corporation and its Consolidated SubsidiariesRestricted Subsidiaries (other than sales in the ordinary course of business or sales of properties sold pursuant to any Condemnation); provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section 5.10) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or dispose (ii) effect a Disposition of all or a any substantial part (as defined in paragraph (b) of this (S)5.15) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person corporation, or sell, lease or otherwise dispose of all or a substantial part substantially all of the its assets of the Company and its Consolidated Subsidiaries(except as provided in Section 5.10(b)); provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary of its Restricted Subsidiaries to, consolidate with or be a party to a merger with any other Person Person, or dispose of sell, lease, convey or transfer all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell or otherwise dispose of of, or lease, all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiaries, taken as a whole; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person or (ii) sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a substantial part of the assets of the Company and its Consolidated SubsidiariesSubsidiaries other than sales of assets in the ordinary course of Business; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Subject to section 3.21(e) hereof, the Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this section 3.21) of the assets of the Company and its Consolidated Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this §5.11) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this [SECTION]5.11) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, to (1) consolidate with or be a party to a merger or share exchange with any other Person corporation or (2) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section 5.18) of the assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a substantial part any of the assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary of its Subsidiaries to, (i) consolidate with or be a party to a merger with any other Person or (ii) sell, lease or otherwise dispose of all or a "substantial part part" of the consolidated assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person or reorganize or dispose of all or a substantial part of the assets of the Company and its Consolidated Subsidiaries; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, to (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, discount, lease or otherwise dispose (other than in the ordinary course of business, which shall include the sale of participations in the Company's financing transactions) of all or a any substantial part (as defined in paragraph (d) of this 5.13) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section 5.10) of the assets of the Company and its Consolidated Subsidiaries; provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Neither the Company nor any Restricted Subsidiary will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person or dispose of all or a substantial part of the assets of the Company and its Consolidated Subsidiaries; provided corporation, provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this ss.5.8) of the assets of the Company and its Consolidated SubsidiariesRestricted Subsidiaries (other than sales in the ordinary course of business or sales of properties sold pursuant to any Condemnation); provided provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or substantially all of its assets (other than in a substantial part of the assets of the Company and its Consolidated Subsidiariestransaction not prohibited by Section 10.7 (b) hereof); provided that:: (i) any Subsidiary may merge or consolidate with or into the Company or any other Person so long as in (1) any merger or consolidation involving the Company, the Company shall be the surviving or continuing corporation and (2) any merger or consolidation

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, : (i) consolidate with or be a party to a merger with any other Person or (ii) license, transfer, sell or otherwise dispose of (herein a "Disposition") all or a substantial any part of the assets of the Company and its Consolidated Restricted Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, to (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this Section5.11) of the assets of the Company and its Consolidated RestricTED Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Subject to and except as permitted by Section 23.3, the Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate or amalgamate with or be a party to a merger with or wind-up into any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiariesassets; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person Person, or sell, lease or otherwise dispose of all or a substantial part substantially all of the its assets in any single transaction or series of the Company and its Consolidated Subsidiariestransactions to any Person; provided that:

Mergers, Consolidations and Sales of Assets. (a) The Company --------------------------------------------------------- will not, and will not permit any Consolidated Restricted Subsidiary to, (i) consolidate with or be a party to a merger with any other Person corporation or (ii) sell, lease or otherwise dispose of all or a any substantial part (as defined in paragraph (d) of this (S)5.13) of the assets of the Company and its Consolidated Restricted Subsidiaries; provided provided, however, that:: -------- -------

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, : (i) consolidate with or be a party to a merger with any other Person or (ii) license, transfer, sell or otherwise dispose of (herein a "Disposition") all or a any substantial part of the assets of the Company and its Consolidated Restricted Subsidiaries; provided , provided, however, that:

Mergers, Consolidations and Sales of Assets. (a) The Company will not, and will not permit any Consolidated Restricted Subsidiary to, consolidate with or be a party to a merger with any other Person corporation, or sell, lease or otherwise dispose of all or a substantial part substantially all of the assets of the Company and its Consolidated Subsidiaries; provided that:assets;