Certain Terms. 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 Person, other than the Company or another Guarantor unless:
Appears in 30 contracts
Samples: Indenture (Broder Bros Co), Supplemental Indenture (Trimas Corp), Supplemental Indenture (Prestige Brands Holdings, Inc.)
Certain Terms. The Except as otherwise provided in Section 10.05 of the Indenture, the Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate consolidate, amalgamate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, Person other than the Company or another Guarantor unless:
Appears in 11 contracts
Samples: Supplemental Indenture (Ainsworth Lumber Co LTD), Supplemental Indenture (Ainsworth Lumber Co LTD), Supplemental Indenture (Ainsworth Lumber Co LTD)
Certain Terms. The No Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, to or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personcorporation, other than the Company Person or another entity whether or not affiliated with such Guarantor unless:: either
Appears in 8 contracts
Samples: Third Supplemental Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)
Certain Terms. The No Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, other than the Company Issuers or another Guarantor unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc)
Certain Terms. 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 Person, other than the Company Issuers or another Guarantor unless:
Appears in 5 contracts
Samples: Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor the Guaranteeing Subsidiary is the surviving Person) another Person, other than the Company Issuers or another Guarantor unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Capital Corp), Supplemental Indenture (Ventas Inc)
Certain Terms. The Each 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 Person, other than the Company Issuers or another Guarantor unless:
Appears in 4 contracts
Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (ET Sub-Heritage Woods, L.L.C.), Supplemental Indenture (Ventas Inc)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, to or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personcorporation, other than the Company Person or another entity whether or not affiliated with such Guarantor unless:: either
Appears in 3 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Crown Battleground LLC)
Certain Terms. The A Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, other than the Company or another Guarantor Person unless:
Appears in 3 contracts
Samples: Indenture (Mark I Molded Plastics of Tennessee Inc), Indenture (Mark I Molded Plastics of Tennessee Inc), Indenture (Atwood Mobile Products Inc)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, other than the Company Issuers or another Guarantor unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc), Supplemental Indenture (Ventas Inc)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, Person other than the Company or another Guarantor unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Boyd Gaming Corp), Supplemental Indenture (Boyd Gaming Corp)
Certain Terms. 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 Person, other than the Company NewMarket or another Guarantor unless:
Appears in 2 contracts
Samples: Third Supplemental Indenture (Newmarket Corp), Second Supplemental Indenture (Newmarket Corp)
Certain Terms. The Each 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 Person, other than the Company or another Guarantor unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Genesis Healthcare Corp), Supplemental Indenture (Genesis Healthcare Corp)
Certain Terms. The Guaranteeing Subsidiary may not sell consolidate with or otherwise dispose merge with or into, or convey, transfer, lease, in one transaction or a series of transactions, all or substantially all of its assets to, or consolidate with or merge with or into any Person (whether or not such Guarantor is the surviving Person) another Person, other than ton the Company or another Guarantor Guarantor) unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Nextmedia Operating Inc), Supplemental Indenture (Nextmedia Operating Inc)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor unless:
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Apparel Holding Corp.), Indenture (GXS Corp)
Certain Terms. The A Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, other than either of the Company Issuers or another Guarantor unless:Guarantor, except as set forth in the Indenture.
Appears in 2 contracts
Samples: Indenture (Wynn Las Vegas LLC), Supplemental Indenture (Wynn Las Vegas LLC)
Certain Terms. The No Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, to or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company Person whether or another not affiliated with such Guarantor unless:: either
Appears in 2 contracts
Samples: Supplemental Indenture (Thomason Niss LLC), Supplemental Indenture (Thomason Niss LLC)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toto another Person, other than the Company or another Guarantor, or consolidate with or merge with or into another Person (whether or not such Guarantor is the surviving Person) another Person), other than the Company or another Guarantor Guarantor, unless:
Appears in 1 contract
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor unless:unless pursuant to Section 5.01 of the Indenture.
Appears in 1 contract
Samples: Indenture (Riviera Holdings Corp)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personcorporation, other than the Company Person or another entity whether or not affiliated with such Guarantor unless:
Appears in 1 contract
Samples: Indenture (Carmike Cinemas Inc)
Certain Terms. 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 Person, other than the Company or another Guarantor unless:except as permitted by Section 4.10 of the Indenture.
Appears in 1 contract
Samples: Indenture (Calpine Corp)
Certain Terms. The No 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 Person, other than the Company or another Guarantor unless:
Appears in 1 contract
Samples: Supplemental Indenture (Trimas Corp)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Subsidiary Guarantor is the surviving Person) another Personcorporation, other than the Company Person or another entity whether or not affiliated with such Subsidiary Guarantor unless:
Appears in 1 contract
Samples: Supplemental Indenture (Consolidated Container Co LLC)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its property and assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor unless:
Appears in 1 contract
Samples: Indenture (National Coal Corp)
Certain Terms. The Each Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personcorporation, other than Person or entity whether or not affiliated with such Guarantor except to the Company or another Guarantor unless:extent limited by the provisions set forth in the Indenture, including, without limitation, Section 5.1 of the Indenture.
Appears in 1 contract
Certain Terms. The Guaranteeing Each New Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor unless:
Appears in 1 contract
Samples: Supplemental Indenture (Apcoa Standard Parking Inc /De/)
Certain Terms. 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 Person, person other than the Company or another Guarantor unless:
Appears in 1 contract
Samples: Second Supplemental Indenture (Ipc Acquisition Corp)
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company Person whether or another not affiliated with such Guarantor unless:
Appears in 1 contract
Certain Terms. The Except as otherwise provided in Section 5 hereof, the Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor Guarantor, unless:
Appears in 1 contract
Samples: Indenture (North American Pipe Corp)
Certain Terms. The Except as otherwise provided in Section 5 hereof, no Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, Person other than the Company Company, the Parent Guarantor or another Guarantor Guaranteeing Subsidiary unless:
Appears in 1 contract
Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personcorporation, other than Person or entity whether or not affiliated with such Guarantor except in accordance with the Company or another Guarantor unless:provisions set forth in the Indenture, including, without limitation, Section 11.05 of the Indenture.
Appears in 1 contract
Certain Terms. The A Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor Guaranteeing Subsidiary is the surviving Person) another Person, Person other than on the Company or another Guarantor unlessterms and conditions of Section 4.10 of the Indenture:
Appears in 1 contract
Certain Terms. The A 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 Person, other than the Company or another Guarantor unless:
Appears in 1 contract
Samples: Supplemental Indenture (Dobson Communications Corp)