No Consolidation. Each Lender hereby covenants and agrees that, to the extent that any bankruptcy, reorganization, insolvency or liquidation proceedings, or other proceedings under the Bankruptcy Code or any other Debtor Relief Laws (a “Bankruptcy Action”) is instituted or commenced against any Credit Party (other than the Borrower) as debtor (the “Debtor”), if such Lender is a creditor of the Debtor, such Lender shall not seek or consent to the consolidation of the Borrower with the Debtor with respect to such Bankruptcy Action.
No Consolidation. The Borrower shall not consolidate or merge with or into any other Person or, other than the security interest Granted to the Collateral Agent pursuant to this Agreement and the other Transaction Documents, convey or transfer its properties and assets substantially as an entirety to any Person.
No Consolidation. (a) The Issuer shall not consolidate or merge with or into any other Person or, other than the security interest Granted to the Trustee pursuant to this Indenture, convey or transfer its properties and assets substantially as an entirety to any Person.
No Consolidation. It is the intent of both parties that they will only apply for dispute resolution under this Section 17 in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, or in a private attorney general capacity. Accordingly, the arbitrator is not empowered to consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
No Consolidation. 8.1 The Company agrees that it will not undertake any reverse splits or consolidations of its issued, outstanding or authorized common stock for a period of 3 months from the date of this Agreement.
No Consolidation. F.Y.I. will, and (except with respect to clause (a) succeeding which shall not be applicable to Subsidiaries of F.Y.I.) will cause each of its Subsidiaries to:
No Consolidation. Winstar shall not have determined, in its reasonable good faith, upon consultation with its independent auditors, that the transactions contemplated by such Closing would require Winstar to include the assets, liabilities, shareholders' equity and results of operations of the Corporation in Winstar's financial statements on a consolidated basis in accordance with generally accepted accounting principles.
No Consolidation. (a) The Indenture Trustee covenants and agrees that it will not seek, through any proceeding, suit or action of any nature whatsoever or otherwise, the consolidation, financial or otherwise, of ABS 2009 with any other Person.
No Consolidation. SOURCECORP will, and (except with respect to clause (a) succeeding which shall not be applicable to Subsidiaries of SOURCECORP) will cause each of its Subsidiaries to:
No Consolidation. The parties (i) hereby affirm their understanding that for all taxable periods ending on or prior to the Closing Date, none of the Portfolio Companies has been included or is required to be included, for purposes of any foreign, federal, state or local tax laws, in a consolidated group that includes the Sellers or any of their respective affiliates, including any "affiliated group" as such term is defined in Section 1504 of the Code and (ii) agree (x) not to take any position inconsistent with such understanding for any tax or financial accounting purpose and (y) to file all tax returns and other documents with all taxing authorities on a basis consistent with such understanding.
