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 12 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. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
No Consolidation. No Group Company is a party to any contract, agreement or arrangement of any kind which provides for the allocation, sharing or payment of Taxation or the transfer or surrender of any Relief, other than any such contract, agreement or arrangement made solely with one or more other Group Companies.
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. There shall be no consolidation or joinder of any Dispute subject to arbitration hereunder with any arbitration or legal proceeding involving third parties.
