Company and Guarantor May Consolidate, Etc., Only on Certain Terms. (a) The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Mills Corp), Junior Subordinated Indenture (Capitalsource Inc), Capitalsource Inc
Company and Guarantor May Consolidate, Etc., Only on Certain Terms. (a) The Company shall not consolidate with or merge into any other Person or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:
Appears in 2 contracts
Samples: Indenture (International Business Machines Corp), Indenture (Ibm International Group Capital LLC)
Company and Guarantor May Consolidate, Etc., Only on Certain Terms. (a) The Company shall or the Guarantor may not consolidate with or merge into any other Person or convey, transfer or lease its their properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:
Appears in 1 contract
Samples: Indenture (American Axle & Manufacturing Holdings Inc)
Company and Guarantor May Consolidate, Etc., Only on Certain Terms. (a) The Neither the Company nor the Guarantor shall not consolidate with or merge into any other Person or Person, and neither the Company nor the Guarantor shall convey, transfer or lease its all or substantially all of the properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into of the Company or convey, transfer or lease its properties and assets substantially the Guarantor as an entirety entity to the Companyany Person in a single transaction or series of related transactions, unless:
Appears in 1 contract
Samples: Indenture (Morgans Hotel Group Co.)