Common use of Only on Certain Terms Clause in Contracts

Only on Certain Terms. The Company may not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entity), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, to any Person unless:

Appears in 7 contracts

Sources: Indenture (Winnebago Industries Inc), Indenture (Aleris Corp), Indenture (SemGroup Corp)

Only on Certain Terms. The Company may not consolidate consolidate, amalgamate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, to any Person unless:

Appears in 7 contracts

Sources: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or assets, in one or more related transactions, and assets substantially as an entirety to any Person Person, unless:

Appears in 6 contracts

Sources: Indenture (Intermedia Communications Inc), Indenture (Prison Realty Trust Inc), Subordinated Debt Indenture (Scotts Company)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entityPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactionstransactions to, to any Person Person, unless:

Appears in 5 contracts

Sources: Seventeenth Supplemental Indenture (Concho Resources Inc), Fifteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entityPerson), or sellconvey, assign, transfer, lease, convey transfer or otherwise dispose of lease all or substantially all of its properties or assets, assets in one or more related transactionstransactions to, to any Person Person, unless:

Appears in 5 contracts

Sources: Fourth Supplemental Indenture (Concho Resources Inc), Second Supplemental Indenture (Stone Energy Corp), Third Supplemental Indenture (Concho Resources Inc)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), Corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or lease substantially all of its properties or and assets, in one transaction or more a series of related transactions, to any Person Person, unless:

Appears in 5 contracts

Sources: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)

Only on Certain Terms. The Company may shall not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitySurviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, transactions to any another Person unless:

Appears in 5 contracts

Sources: Indenture (Clark Usa Inc /De/), Indenture (Premcor Refining Group Inc), Indenture (Clark Refining & Marketing Inc)

Only on Certain Terms. The Company may not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, to any Person unless:

Appears in 3 contracts

Sources: Indenture (Sealy Corp), Indenture (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or assets, in one or more related transactions, and assets substantially as an entirety to any Person Person, unless:

Appears in 3 contracts

Sources: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp), Indenture (Energizer Holdings Inc)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entityPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactionstransactions to, to any Person Person, unless:

Appears in 3 contracts

Sources: Tenth Supplemental Indenture (Concho Resources Inc), Seventh Supplemental Indenture (Concho Resources Inc), Sixth Supplemental Indenture (Concho Resources Inc)

Only on Certain Terms. The Company may shall not consolidate or merge with or into or wind up into any other Person (whether or not the Company is the surviving entityPerson), or directly or indirectly sell, assign, convey, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or assetsassets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) to any Person or Persons, in one transaction or more a series of related transactions, to any Person unlessunless each of the following conditions is satisfied:

Appears in 3 contracts

Sources: Indenture (Safety Kleen Corp/), Indenture (Laidlaw Environmental Services Inc), Indenture (Tropical Sportswear Co Inc)

Only on Certain Terms. The Company may shall not directly or indirectly consolidate or merge with or into or wind up into (any other Person, whether or not the Company is the surviving entity), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the Company or its subsidiaries’ properties or assetsassets taken as a whole, in one or more related transactions, to any Person another Person, unless:

Appears in 3 contracts

Sources: Indenture (Cleco Power LLC), Indenture (Cleco Corporate Holdings LLC), Indenture (Puget Energy Inc /Wa)

Only on Certain Terms. The Company may not consolidate with or merge with or into any other Person or, directly or wind up into (whether or not the Company is the surviving entity)indirectly, or convey, sell, assign, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or assets, and assets substantially as an entirety to any other Person (in one transaction or more a series of related transactions), to any Person unlessunless each of the following conditions is satisfied:

Appears in 2 contracts

Sources: Indenture (Drypers Corp), Subordinated Indenture (Complete Management Inc)

Only on Certain Terms. The Company may shall not directly or indirectly consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity)into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the assets and properties of the Company and its properties Subsidiaries to another a Person other than the Company or assets, its Subsidiaries in one or more related transactions, to any Person transactions unless:

Appears in 2 contracts

Sources: Indenture (Centerpoint Energy Resources Corp), Indenture (Enable Midstream Partners, LP)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all lease its properties and assets as an entirety or substantially all of its properties or assets, in one or more related transactions, as an entirety to any Person Person, unless:

Appears in 2 contracts

Sources: Senior Indenture (Meridian Resource CORP), Subordinated Indenture (Meridian Resource CORP)

Only on Certain Terms. The Company may shall not directly or indirectly consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity)into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets and properties or assets, and the assets and properties of its Subsidiaries (taken as a whole with the assets and properties of the Company) to another Person in one or more related transactions, to any Person transactions unless:

Appears in 2 contracts

Sources: Indenture (DCP Midstream Partners, LP), Indenture (DCP Midstream Operating, LP)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entityPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactionstransactions to, to any Person Person, unless:

Appears in 2 contracts

Sources: Indenture (Stone Energy Corp), Indenture (Stone Energy Offshore, L.L.C.)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into unless (whether or not in a transaction in which the Company is not the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties the property or assetsassets of the Company to, any other Person, whether in one a single transaction or more series of related transactions, to any Person unless:

Appears in 2 contracts

Sources: Indenture (Epicor Software Corp), Indenture (Brocade Communications Systems Inc)

Only on Certain Terms. The Company may not not, in a single transaction or through a series of related transactions, (i) consolidate with or merge with or into any other Person; or wind up into (whether or not the Company is the surviving entity), or ii) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of transfer its properties or assets, and assets substantially in one or more related transactions, their entirety (computed on a Consolidated basis) to any Person Person, unless:

Appears in 2 contracts

Sources: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)

Only on Certain Terms. The Company may will not consolidate or with, merge with or into or wind up into (whether or not the Company is the surviving entity)into, or sell, assignconvey, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties property and assets (as an entirety or assets, substantially an entirety in one transaction or more a series of related transactions) to, to any Person or permit any Person to merge with or into it unless:

Appears in 2 contracts

Sources: Indenture (Corporacion Durango Sa De Cv/), Indenture (Durango Corp)

Only on Certain Terms. The Company may will not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, to any Person unless:

Appears in 2 contracts

Sources: Indenture (Randalls Food Markets Inc), Indenture (Accuride Corp)

Only on Certain Terms. The Company may will not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactionstransactions (other than pursuant to a Real Estate Financing Transaction), to any Person unless:

Appears in 2 contracts

Sources: Indenture (KCLC Acquisition Corp), Indenture (Kindercare Learning Centers Inc /De)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into any other Person (whether or not the Company is shall be the surviving entity), corporation) or sell, assignconvey, transfer, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties and assets substantially as an entirety to any Person or assetsgroup of affiliated Persons, in one transaction or more a series of related transactions, to any Person unless:

Appears in 2 contracts

Sources: Indenture (Texas New Mexico Power Co), Indenture (Texas New Mexico Power Co)

Only on Certain Terms. The Company may not consolidate consolidate, amalgamate or merge with or into or wind up into (whether or not the Company is the surviving entityPerson), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, to any Person unless:

Appears in 1 contract

Sources: Indenture (NMI Holdings, Inc.)

Only on Certain Terms. The Company may not shall not, directly or indirectly, consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), ) any other Corporation or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or the Company's assets, in one or more related transactions, to any another Person unless:

Appears in 1 contract

Sources: Indenture (Pseg Fossil LLC)

Only on Certain Terms. The Company may not consolidate or merge with or into or wind up into any Person (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, to any Person assets unless:

Appears in 1 contract

Sources: Indenture (Charming Shoppes Inc)

Only on Certain Terms. The Company may not not, in a single transaction or series of related transactions, consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or directly and/or indirectly through its Subsidiaries sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one or more related transactionstransactions to, to any another corporation, Person or entity unless:

Appears in 1 contract

Sources: Indenture (Shop at Home Inc /Tn/)

Only on Certain Terms. The Company may not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entity), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactionstransactions to, to any Person unless:

Appears in 1 contract

Sources: Indenture (Kaiser Aluminum Corp)

Only on Certain Terms. The Company may not consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, to any Person unless:

Appears in 1 contract

Sources: Indenture (Affinia Group Intermediate Holdings Inc.)

Only on Certain Terms. The Company may not not, in a single transaction or series of related transactions, consolidate or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or directly and/or indirectly through its Subsidiaries, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one or more related transactionstransactions to, to any Person another corporation, person or entity unless:

Appears in 1 contract

Sources: Indenture (Ameristeel Corp)

Only on Certain Terms. The Company may shall not consolidate or merge with or into or wind up into any other Person (whether or not the Company is the surviving entityPerson), or directly or indirectly convey, sell, assign, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or assets, assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one transaction or more a series of related transactions, to any Person unlessunless each of the following conditions is satisfied:

Appears in 1 contract

Sources: Indenture (Breed Technologies Inc)

Only on Certain Terms. The Company may will not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entitycorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions, to any Person unless:

Appears in 1 contract

Sources: Indenture (E&s Holdings Corp)

Only on Certain Terms. The Company may will not consolidate with or merge with or into another Person or, directly or wind up into (whether or not the Company is the surviving entity)indirectly, or sell, assign, transfer, lease, convey or otherwise dispose of transfer all or substantially all of its properties assets (computed on a consolidated basis), whether in a single transaction or assets, in one or more a series of related transactions, to any another Person or group of affiliated Persons, unless:

Appears in 1 contract

Sources: Indenture (Louisiana Casino Cruises Inc)

Only on Certain Terms. The Company may shall not consolidate with or merge with or into or wind up into (whether or not the Company is the surviving entity), corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or assets, in one or more related transactions, and assets substantially as an entirety to any Person unless:

Appears in 1 contract

Sources: Unit Agreement (Reinsurance Group of America Inc)

Only on Certain Terms. The Company may not consolidate or (a) merge with or into or wind up into (whether or not the Company is the surviving entity)consolidate with, or (b) sell, assign, transfer, lease, lease or convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions, and assets to any Person, other than, with respect to this clause (b), a direct or indirect wholly-owned subsidiary of the Company, and no Person shall (x) merge with or into or consolidate with the Company, or (y) except for any direct or indirect wholly-owned subsidiary of the Company, sell, assign, transfer, lease or convey all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Sources: Subordinated Indenture (Reliant Energy Services New Mexico LLC)