Common use of Conditions to Consolidation or Merger, Etc Clause in Contracts

Conditions to Consolidation or Merger, Etc. (A) The Company shall not consolidate with or merge into any other Person or sell, transfer or lease all or substantially all of its properties and assets to another Person unless (i) in the case of a merger, the Company shall be the continuing Person, or (ii) in case the Company shall consolidate with or merge into another Person (and the Company shall not be the continuing Person) or sell, transfer or lease all or substantially all of its properties and assets to another Person, the Person formed by such consolidation or into which the Company is merged or the Person which acquires by sale or transfer, or which leases, all or substantially all of the properties and assets of the Company shall assume, by an indenture supplemental hereto executed and delivered to the Trustee, the due and punctual payment of the principal of (and premium, if any) and interest on the Securities, and the Company’s other obligations under this Indenture;

Appears in 4 contracts

Samples: Baxter International Inc, Baxalta Incorporated (Baxalta Inc), Reconciliation and Tie (Baxter International Inc)

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Conditions to Consolidation or Merger, Etc. (A) The Company shall not consolidate with or merge into any other Person or sell, transfer or lease all or substantially all of its properties and assets to another Person unless (i) in the case of a merger, the Company shall be the continuing Person, or (ii) in case the Company shall consolidate with or merge into another Person (and the Company shall not be the continuing Person) or sell, transfer or lease all or substantially all of its properties and assets to another Person, the Person formed by such consolidation or into which the Company is merged or the Person which acquires by sale or transfer, or which leases, all or substantially all of the properties and assets of the Company shall assume, by an indenture supplemental hereto executed and delivered to the Trustee, the due and punctual payment of the principal of (and premium, if any) and interest on the Securities, and the Company’s other obligations under this Indenture;.

Appears in 3 contracts

Samples: Baxter (Baxter International Inc), Indenture (Baxter International Inc), Baxter (Baxter International Inc)

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Conditions to Consolidation or Merger, Etc. (A) The Company shall not consolidate with or merge into any other Person or sell, transfer or lease all or substantially all of its properties and assets to another Person unless (i) in the case of a merger, the Company shall be the continuing Person, or (ii) in case the Company shall consolidate with or merge into another Person (and the Company shall not be the continuing Person) or sell, transfer or lease all or substantially all of its properties and assets to another Person, the Person formed by such consolidation or into which the Company is merged or the Person which acquires by sale or transfer, or which leases, all or substantially all of the properties and assets of the Company shall assume, by an indenture supplemental hereto executed and delivered to the Trustee, the due and punctual payment of the principal of (and premium, if any) and interest on the Securitieson, and the Company’s other obligations under this Indenture;indenture in respect of, the Securities.

Appears in 1 contract

Samples: Indenture (Baxter International Inc)

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