Common use of Merger, Consolidation or Sale of Assets Clause in Contracts

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: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.), Sixth Supplemental Indenture (Omnicare Inc)

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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 25 contracts

Samples: Mortgage, Security Agreement (Titan International Inc), Indenture (H&E Equipment Services, Inc.), Escrow Agreement (Itron Inc /Wa/)

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 taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 20 contracts

Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc), Syniverse Technologies Inc

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) 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 17 contracts

Samples: Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/), Indenture (Fti Consulting Inc)

Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); Person, 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; Person unless:

Appears in 13 contracts

Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)

Merger, Consolidation or Sale of Assets. (a) 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); survivor) or (2) sell, assign, transfer, convey convey, lease 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:

Appears in 11 contracts

Samples: Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.), Supplemental Indenture (Civitas Resources, Inc.)

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 assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 10 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (Toreador Resources Corp)

Merger, Consolidation or Sale of Assets. (a) 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 taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 10 contracts

Samples: Indenture (Calpine Corp), Supplemental Indenture (Calpine Corp), Indenture (Calpine Corp)

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 10 contracts

Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Coeur Mining, Inc.)

Merger, Consolidation or Sale of Assets. The Company (a) Neither Parent nor the Borrower (whichever is applicable, the “Subject Company”) shall not, directly or indirectly: (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 properties or assets of the Subject Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 10 contracts

Samples: Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, 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 taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 10 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, 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 any 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 transactions, to another Person; unless:

Appears in 9 contracts

Samples: Indenture (Tel Save Holdings Inc), Indenture (Sabratek Corp), Indenture (HMT Technology Corp)

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; , unless:

Appears in 9 contracts

Samples: Indenture (Fairpoint Communications Inc), Caleres Inc, Indenture (Brown Shoe Co Inc)

Merger, Consolidation or Sale of Assets. The Company shall will 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 9 contracts

Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Supplemental Indenture (Iridium Communications Inc.)

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1x) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2y) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Subsidiaries which are Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 9 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) , consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); convey, transfer or (2) sell, assign, transfer, convey or otherwise dispose of lease all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more a series of related transactionstransactions to, to another any Person; , unless:

Appears in 9 contracts

Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)

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 corporationentity); , 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; , unless:

Appears in 9 contracts

Samples: Fourth Supplemental Indenture (Whiting Petroleum Corp), Fifth Supplemental Indenture (Whiting Petroleum Corp), Sixth Supplemental Indenture (Whiting Petroleum Corp)

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; Person unless:

Appears in 9 contracts

Samples: Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Merger, Consolidation or Sale of Assets. The Company shall not, directly not consolidate or indirectly: (1) consolidate combine with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assignassign (excluding any assignment solely as collateral for security purposes under a credit facility but not any outright assignment upon the foreclosure of any such collateral), transferconvey, convey lease, transfer or otherwise dispose of all or substantially all of the properties its assets to any Person or assets Persons in a single transaction or through a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 9 contracts

Samples: Indenture (Cowen Group, Inc.), Indenture (Ross Stores Inc), Indenture (Ross Stores Inc)

Merger, Consolidation or Sale of Assets. The Company shall will 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, 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 transactions, to another Person; , unless:

Appears in 9 contracts

Samples: Indenture (Energy XXI LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)

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 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 transactions, transactions to another Person; Person unless:

Appears in 9 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)

Merger, Consolidation or Sale of Assets. The Unless otherwise specified as contemplated by Section 2.03(a) hereof, 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 8 contracts

Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, Inc.

Merger, Consolidation or Sale of Assets. The Company (a) Neither Parent nor the Borrower (whichever is applicable, the “Subject Company”) shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the such Subject Company is the surviving corporation); ) or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Subject Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 8 contracts

Samples: Term Loan Credit and Guaranty Agreement (United Airlines, Inc.), Revolving Credit and Guaranty Agreement (United Airlines, Inc.), Revolving Credit and Guaranty Agreement (United Airlines, Inc.)

Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate consolidate, amalgamate or merge with or into another Person (whether or not the Company is the surviving corporation), convert into another form of entity or continue in another jurisdiction; 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 wholeassets, in one or more related transactions, to another Person; , unless:

Appears in 7 contracts

Samples: Indenture (Mariner Gulf of Mexico LLC), Indenture (Mariner Energy Inc), Supplemental Indenture (Mariner Energy 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 and assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another PersonPerson or Persons; unless:

Appears in 7 contracts

Samples: Indenture (Landrys Restaurants Inc), Indenture (Science Craftsman INC), Indenture (Landrys Restaurants Inc)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate consolidate, amalgamate 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 7 contracts

Samples: Sixteenth Supplemental Indenture (Bausch Health Companies Inc.), Fourteenth Supplemental Indenture (Bausch Health Companies Inc.), Fifteenth Supplemental Indenture (Bausch Health Companies 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, lease or 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 wholeto, or merge with or into, in one transaction or more a series of related transactions, to another any other Person; , unless:

Appears in 7 contracts

Samples: Tapestry, Inc., Tapestry, Inc., Tapestry, 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 any 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 7 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac 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 taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Newmarket Corp), Agreement and Plan of Merger (Metaldyne Corp), Indenture (Metaldyne Corp)

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, 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 Company’s assets whether as an entirety or assets of the Company and its Restricted Subsidiaries taken substantially as a whole, in one or more related transactions, an entirety to another Person; any Person unless:

Appears in 6 contracts

Samples: Indenture (Tetralogic Pharmaceuticals Corp), Equinix Inc, Equinix Inc

Merger, Consolidation or Sale of Assets. (a) 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 Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies B.V.)

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 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: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)

Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation)Person) or continue in another jurisdiction; or (2ii) 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 wholeCompany, in one or more related transactions, to another Person; , unless:

Appears in 6 contracts

Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.), Indenture (DENVER PARENT Corp)

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); , 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 Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Callon Petroleum Co), Supplemental Indenture (Callon Petroleum Co), Intercreditor Agreement (Callon Petroleum Co)

Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (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 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: Indenture (Vistra Corp.), Indenture (Vistra Corp.), Supplemental Indenture (Vistra Energy Corp.)

Merger, Consolidation or Sale of Assets. (a) 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 corporationentity); 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 Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) directly or indirectly 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 6 contracts

Samples: Indenture (T-Mobile US, Inc.), Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)

Merger, Consolidation or Sale of Assets. (a) 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 corporationentity); 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 Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Sensata Technologies Holding PLC

Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly, in one or more related transactions: (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 6 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.)

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 assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 5 contracts

Samples: Indenture (Lonestar Resources US Inc.), Supplemental Indenture (IASIS Healthcare LLC), Indenture (CNL Lifestyle Properties Inc)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 5 contracts

Samples: Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate with or merge with or into another any other Person (whether or not in a transaction in which the Company is not the surviving corporation); corporation or (2) sellconvey, assign, transfer, convey transfer or otherwise dispose of all or substantially all of lease the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a wholean entirety to any successor Person, in one or more related transactions, to another Person; unless:

Appears in 5 contracts

Samples: Ciena Corp, Ciena Corp, Indenture (Ciena Corp)

Merger, Consolidation or Sale of Assets. The Company shall not, directly not consolidate or indirectly: (1) consolidate combine with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transferconvey, convey lease, transfer or otherwise dispose of all or substantially all of the properties its assets to any Person or assets Persons in a single transaction or through a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 5 contracts

Samples: Indenture (Computer Sciences Corp), Indenture (Dr Pepper Snapple Group, Inc.), Computer Sciences Corp

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person or consummate a Division as the Dividing Person (whether or not the Company is the surviving corporationPerson); 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 5 contracts

Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)

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 wholeassets, in one or more related transactions, to another Person; unless:

Appears in 5 contracts

Samples: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute), Indenture (Dominos Pizza Government Services Division Inc), Dominos Pizza Government Services Division Inc

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate consolidate, merge or merge reorganize 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 transactions, to another Person; , unless:

Appears in 5 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with, enter into a binding share exchange with, or merge with or into into, another Person (whether or not the Company is the surviving corporation); Person, or (2) sell, assign, convey, transfer, convey lease or otherwise dispose of all or substantially all of the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a whole, in one or more related transactions, an entirety to another Person; , unless:

Appears in 5 contracts

Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Trinity Place Holdings Inc.

Merger, Consolidation or Sale of Assets. (A) The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 5 contracts

Samples: Supplemental Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the properties or Company’s assets of (determined on a consolidated basis for the Company and its the Company’s Restricted Subsidiaries taken as a whole, in one or more related transactions, Subsidiaries) to another Person; any Person unless:

Appears in 5 contracts

Samples: Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, 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 5 contracts

Samples: Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC)

Merger, Consolidation or Sale of Assets. (a) The Company shall will 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, 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 transactions, to another Person; , unless:

Appears in 4 contracts

Samples: Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Intercreditor Agreement (CPM Holdings, Inc.), Alon Refining Krotz (Alon USA Energy, Inc.)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) a series of related transactions, consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of transfer all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a wholeto, in one or more related transactionsany Person, to another Person; unless:

Appears in 4 contracts

Samples: Second Supplemental Indenture (General Nutrition International Inc), Supplemental Indenture (General Nutrition International Inc), General Nutrition Companies 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 taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 4 contracts

Samples: Indenture (Elizabeth Arden Inc), Indenture (Jordan Industries Inc), Indenture (National Waterworks 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 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 4 contracts

Samples: Indenture (Appvion, Inc.), Supplemental Indenture (Appleton Papers Inc/Wi), Appleton Papers Inc/Wi

Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets (such amounts to be computed on a consolidated basis) of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 4 contracts

Samples: Supplemental Indenture (B&G Foods, Inc.), Supplemental Indenture (B&G Foods, Inc.), Third Supplemental Indenture (B&G Foods, 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; entity unless:

Appears in 4 contracts

Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate or merge with or into another any other Person (whether or not in a transaction in which the Company is not the surviving corporation); corporation or (2) sellconvey, assign, transfer, convey transfer or otherwise dispose of all or substantially all of lease the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a wholean entirety to any successor Person, in one or more related transactions, to another Person; unless:

Appears in 4 contracts

Samples: Change   Stock (Ciena Corp), Stillwater Mining Company (Stillwater Mining Co /De/), Indenture (Ciena Corp)

Merger, Consolidation or Sale of Assets. (a) 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 transactions, to another Person; , unless:

Appears in 4 contracts

Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (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 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 4 contracts

Samples: Exchange and Registration Rights Agreement (Georgia Pacific Corp), Indenture (Fort James Corp), Medco Health Solutions Inc

Merger, Consolidation or Sale of Assets. (a) 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 Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 4 contracts

Samples: VWR Corp, Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1x) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2y) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 4 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture

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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 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 4 contracts

Samples: Supplemental Indenture (Viasystems Group Inc), Monitoring and Oversight Agreement (Viasystems Inc), Indenture (Real Mex Restaurants, Inc.)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (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 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 4 contracts

Samples: Indenture (Park Ohio Holdings Corp), Supplemental Indenture (Park Ohio Holdings Corp), Park Ohio Industries Inc/Oh

Merger, Consolidation or Sale of Assets. (a) The Company shall notwill not in a single transaction or series of related transactions, directly or indirectly: (1) consolidate or merge with or into another any Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the properties or Company’s assets of (determined on a consolidated basis) for the Company and its Restricted Subsidiaries taken Subsidiaries, whether as a whole, in one an entirety or more related transactionssubstantially as an entirety, to another Person; any Person unless:

Appears in 4 contracts

Samples: Indenture (Stericycle Inc), Indenture (Carters Inc), Indenture (Stericycle Inc)

Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly, in one or more related transactions: (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 4 contracts

Samples: Supplemental Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)

Merger, Consolidation or Sale of Assets. (a) The Company shall will 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 4 contracts

Samples: Indenture (A. M. Castle & Co.), Indenture (Total Plastics, Inc.), Indenture (Castle a M & Co)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (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 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 4 contracts

Samples: Intercreditor Agreement (KCG Holdings, Inc.), Second Supplemental Indenture (AAC Group Holding Corp.), Carmike Cinemas Inc

Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (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; unless:

Appears in 4 contracts

Samples: Indenture (Mail Well Inc), Definitions And (Mail Well Inc), Mail Well Inc

Merger, Consolidation or Sale of Assets. (a) 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)Person; 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 3 contracts

Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) will 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 whole, in one or more related transactionstransactions to, to another Person; Person unless:

Appears in 3 contracts

Samples: Indenture (Mueller Holdings (N.A.), Inc.), Indenture (Mueller Holdings (N.A.), Inc.), Mueller Holdings (N.A.), 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 covenants and agrees for the benefit of the Holders of each Series of Securities that it shall not, directly or indirectly: (1i) consolidate or merge with or into another Person 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 3 contracts

Samples: Third Supplemental Indenture (B&G Foods, Inc.), Visteon European Holdings, Inc., Neo Freehold-Gen LLC

Merger, Consolidation or Sale of Assets. (a) The Company shall not, will not directly or indirectly: indirectly (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); Person) or (2ii) 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, whole in one or more related transactions, to another Person; , unless:

Appears in 3 contracts

Samples: Note Issuance Facility Agreement (Atlantica Sustainable Infrastructure PLC), Agreement (Atlantica Yield PLC), Agreement (Atlantica Yield PLC)

Merger, Consolidation or Sale of Assets. The Following the Non-Cash Pay Period, the Company shall will 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 3 contracts

Samples: Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, 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 into, or not the Company is the surviving corporation); or (2) sell, assignconvey, transfer, convey transfer or otherwise dispose of lease all or substantially all of the properties or its assets of (determined on a consolidated basis for the Company and its Restricted Subsidiaries taken as a wholeSubsidiaries) to, in one or more related transactionsany Person, to another Person; unless:

Appears in 3 contracts

Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Urban One, Inc.), Indenture (Radio One, Inc.)

Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); or (2ii) 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 3 contracts

Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Cenveo, Inc

Merger, Consolidation or Sale of Assets. The Unless otherwise provided in respect of a series of Notes, the Company shall will not, directly or indirectly: (1) , consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); convey, transfer or (2) sell, assign, transfer, convey or otherwise dispose of lease all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more a series of related transactionstransactions to, to another any Person; , unless:

Appears in 3 contracts

Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC

Merger, Consolidation or Sale of Assets. The Company shall not, directly in a single transaction or indirectly: (1) a series of related transactions, consolidate with or merge with or into another Person (whether any other person or not the Company is the surviving corporation); or (2) sell, assignconvey, transfer, convey transfer or otherwise dispose of all or lease the Company’s property and assets substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, an entirety to another Person; , unless:

Appears in 3 contracts

Samples: Supplemental Indenture (Omnicare Inc), Eighth Supplemental Indenture (Omnicare Inc), Omnicare Inc

Merger, Consolidation or Sale of Assets. (a) The Company shall notnot (x) consolidate, directly or indirectly: (1) consolidate amalgamate or merge with or into another Person (regardless of whether or not the Company is the surviving corporationentity); , or (2y) sell, assign, transfer, convey convey, lease 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:

Appears in 3 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)

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 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:

Appears in 3 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/, Charter Communications Inc /Mo/

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 lease or otherwise dispose transfer in one transaction or a series of all or substantially all of related transactions the properties or consolidated assets of the Company and its Restricted Subsidiaries taken substantially as a wholean entirety to any corporation, in one limited liability company, partnership or more related transactions, to another Persontrust organized under the laws of the United States or any of its political subdivisions; unless:

Appears in 3 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company’s properties or assets of (determined on a consolidated basis for the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, Subsidiaries) to another Person; any Person unless:

Appears in 3 contracts

Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Central Garden & Pet Co, Central Garden & Pet Co

Merger, Consolidation or Sale of Assets. (a) 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 3 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

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 (other than to an unaffiliated operator in the ordinary course of business) 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: Indenture (Ventas Inc), Ventas Realty Limited Partnership, Ventas Realty Limited Partnership

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, 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 3 contracts

Samples: Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc), Indenture (Horizon Personal Communications Inc)

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 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 3 contracts

Samples: Unisys Corp, Unisys Corp, Unisys Corp

Merger, Consolidation or Sale of Assets. (a) 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 its 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 3 contracts

Samples: Integrated Alarm Services (Integrated Alarm Services Group Inc), Third Supplemental Indenture (Monitronics International Inc), Monitronics International Inc

Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) directly or indirectly sell, assign, lease, 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:

Appears in 3 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (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 properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 3 contracts

Samples: Indenture (Cenveo, Inc), Cenveo, Inc, Cenveo, Inc

Merger, Consolidation or Sale of Assets. (a) The Company shall will 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, lease, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:

Appears in 3 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture, Indenture (Cogent Communications Group Inc)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (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 whole, in one or more related transactions, to another Person; , unless:

Appears in 3 contracts

Samples: Harland Clarke Holdings Corp, Harland Clarke Holdings Corp, Indenture (Harland Financial Solutions, Inc.)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) through a series of related transactions, consolidate or merge with or into another Person (whether any other Person, or, directly or not the Company is the surviving corporation); or (2) indirectly, 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; , or permit any Person to merge with or into it, unless:

Appears in 3 contracts

Samples: Supplemental Indenture (Autonation, Inc.), Supplemental Indenture (Autonation, Inc.), Supplemental Indenture (Autonation, 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 taken as a whole, in one or more related transactions, to another Person; unless:

Appears in 3 contracts

Samples: Indenture (Illinois Power Generating Co), Longview Fibre Co, Aaipharma Inc

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) 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 wholeassets, in one or more related transactions, to another Person; , unless:

Appears in 3 contracts

Samples: Intercreditor Agreement (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc)

Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) merge, amalgamate or 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 3 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); or (2ii) sell, assign, transfer, convey convey, lease 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:

Appears in 3 contracts

Samples: Supplemental Indenture (Oasis Petroleum Inc.), Supplemental Indenture (Oasis Midstream Partners LP), Indenture (Rattler Midstream Lp)

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: Indenture (Midcom Communications Inc), Registration Rights Agreement (P Com Inc), P Com 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, 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; , unless:

Appears in 3 contracts

Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), Supplemental Indenture (Whiting Petroleum Corp)

Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate consolidate, merge or merge amalgamate 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 whole, in one or more related transactions, to another Person; , unless:

Appears in 3 contracts

Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC)

Merger, Consolidation or Sale of Assets. The Company shall will 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 3 contracts

Samples: Indenture (Multiband Field Services Inc), Supplemental Indenture (Emmis Operating Co), Indenture (Iwo Holdings Inc)

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