CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Section 8.1. Company May Consolidate, Etc.,
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Company May Consolidate, Etc.,
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Partnership May Consolidate, Etc.,
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Subject to the limitations set forth in the preamble to Article Three of this Supplemental Indenture, Article Eight of the Original Indenture is hereby amended and restated as set forth below:
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. The provisions of Article Eight of the Base Indenture are deleted and replaced in their entirety by the provisions of Article Nine of this Supplemental Indenture;
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Section 8.1. Company May Consolidate, Etc., Only on Certain Terms. The Company and, if any Securities of a series to which Article Fourteen has been made applicable are Outstanding, the Guarantor shall not consolidate or amalgamate with or merge into any other Person or convey, transfer or lease its properties and assets as, or substantially as, an entirety to any Person unless:
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Article Eight of the Indenture is hereby amended by replacing Article Eight with the following:
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Section 8.1. Issuers May Consolidate, Etc.,
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Section 8.1. Company May Consolidate, Etc., Only on Certain Terms. The Company shall not convert into, or consolidate, amalgamate or merge with or into any other Person or sell, convey, transfer, lease or otherwise dispose of all or substantially all of the properties and assets of the Company on a consolidated basis to any other Person unless:
(a) either: (i) the Company is the surviving Person; or (ii) the Person formed by or surviving any such consolidation, amalgamation or merger or resulting from such conversion (if other than the Company) or to which such sale, assignment, transfer, conveyance or other disposition has been made is a corporation, limited liability company or limited partnership organized or existing under the laws of the United States, any State thereof or the District of Columbia;
(b) the Person formed by or surviving any such conversion, consolidation, amalgamation or merger (if other than the Company) or the Person to which such sale, assignment, transfer, conveyance or other disposition has been made assumes 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 all the Securities and the performance of every covenant of this Indenture on the part of the Company to be performed or observed;
(c) immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have occurred and be continuing; and
(d) the Company has delivered to the Trustee an Officer’s Certificate and an Opinion of Counsel, each stating that such consolidation, amalgamation, merger, conveyance, sale, transfer or lease and such supplemental indenture comply with this Article Eight and that all conditions precedent herein provided for relating to such transaction have been complied with.
CONSOLIDATION, AMALGAMATION, MERGER AND SALE. Company May Consolidate, Etc., Only on Certain Terms. The Company shall not convert into, or consolidate, amalgamate or merge with or into any other Person or sell, convey, assign, transfer, lease or otherwise dispose of all or substantially all of the properties and assets of the Company on a consolidated basis to any other Person unless:
