Common use of Certain Terms Clause in Contracts

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 70 contracts

Samples: Indenture (Amerisourcebergen Corp), Fourth Supplemental Indenture (Coast Hotels & Casinos Inc), Supplemental Indenture (Radio One Inc)

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Certain Terms. (a) The Guaranteeing Subsidiary may not sell or otherwise dispose of all substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporationPerson, Person other than the Company or entity whether or not affiliated with such another Guarantor unless:

Appears in 29 contracts

Samples: Supplemental Indenture (Broder Bros Co), Supplemental Indenture (Trimas Corp), Indenture (Metaldyne Corp)

Certain Terms. (aj) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 7 contracts

Samples: Covenants (Watermark Realty Inc), Indenture (Communities Home Builders Inc), Wci Communities Inc

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Subsidiary Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Subsidiary Guarantor unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Great Lakes Caribbean Dredging Inc), Fourth Supplemental Indenture (Argosy Gaming Co), Supplemental Indenture (Argosy Gaming Co)

Certain Terms. (a) The Each Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 6 contracts

Samples: Supplemental Indenture (Radio One, Inc.), Supplemental Indenture (Radio One, Inc.), Supplemental Indenture (Radio One, Inc.)

Certain Terms. (a) The No Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 5 contracts

Samples: Supplemental Indenture (Mattress Holdings International LLC), Supplemental Indenture (Amkor Technology Inc), Supplemental Indenture (Amkor Technology Inc)

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 4 contracts

Samples: Supplemental Indenture (Radio One Inc), Supplemental Indenture (Radio One Inc), Supplemental Indenture (Radio One Inc)

Certain Terms. (a) The Guaranteeing Restricted Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 4 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp), Supplemental Indenture and Guarantee (Unicco Service Co)

Certain Terms. (a) The No Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Personperson) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 2 contracts

Samples: Supplemental Indenture (Paperweight Development Corp), Supplemental Indenture (Paperweight Development Corp)

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 1 contract

Samples: Gni Group Inc /De/

Certain Terms. (a) The Each Guaranteeing Subsidiary may not consolidate with or merge merger with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:except in accordance with Article 5 of the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Westar Industries Inc)

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor Guaranteeing Subsidiary unless:;

Appears in 1 contract

Samples: Supplemental Indenture (Onepoint Communications Corp /De)

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor the Guaranteeing Subsidiary is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor Guaranteeing Subsidiary unless:

Appears in 1 contract

Samples: Supplemental Indenture (Mattress Holdings International LLC)

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Certain Terms. (a) The A Guaranteeing Subsidiary may not sell or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another corporationPerson other than the Company, Person the Parent Guarantor or entity whether or not affiliated with such Guarantor another Guaranteeing Subsidiary unless:

Appears in 1 contract

Samples: Entercom Communications Corp

Certain Terms. (a) The Except as otherwise provided in Section 9.05 of the First Supplemental Indenture, the Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 1 contract

Samples: Supplemental Indenture (Prison Realty Trust Inc)

Certain Terms. (a1) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor Guaranteeing Subsidiary unless:;

Appears in 1 contract

Samples: Supplemental Indenture (Onepoint Communications Corp /De)

Certain Terms. (a) The Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor the Guaranteeing Subsidiary is the surviving Person) another corporationPerson, Person or entity whether or not affiliated with such Guarantor the Guaranteeing Subsidiary, unless:

Appears in 1 contract

Samples: Timco Engine Center Inc

Certain Terms. (a) The Guaranteeing Subsidiary Guarantor may not consolidate with or merge with or into (whether or not such Subsidiary Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Subsidiary Guarantor unless:

Appears in 1 contract

Samples: Indenture (Aki Holding Corp)

Certain Terms. (a) The Except as otherwise provided in Section 5 below, the Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 1 contract

Samples: Potlatch Corp

Certain Terms. (a) The A Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 1 contract

Samples: Supplemental Indenture (MacDermid Group Inc.)

Certain Terms. (a) The Neither Guaranteeing Subsidiary may not consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:

Appears in 1 contract

Samples: Supplemental Indenture      supplemental Indenture (Juno Lighting Inc)

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