Common use of Consolidation, Merger and Sale of Assets Clause in Contracts

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or with, merge with or intointo another Person, permit any Person to merge with or into it, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ properties and assets to, another Person(computed on a consolidated basis) (as an entirety or substantially an entirety in one transaction or a series of related transactions), unless:

Consolidation, Merger and Sale of Assets. The Company shall not will not, in any transaction or series of transactions, consolidate with or merge into or engage in a scheme of arrangement qualifying as an amalgamation with or intoany Person, or sell, lease, convey, transfer or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or intootherwise transfer in one transaction or a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation, limited liability company, partnership or convey, transfer trust organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions so long as:

Consolidation, Merger and Sale of Assets. The Company shall not will not, in a single transaction or a series of related transactions, consolidate with or merge with or intointo any other Person, or sell, convey, transfer or lease all or substantially all its properties property and assets to, substantially as an entirety to another Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or with, merge with or intointo another Person, permit any Person to merge with or into it, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ properties and assets to, another Person(computed on a consolidated basis) (as an entirety or substantially an entirety in one transaction or a series of related transactions), unless:

Consolidation, Merger and Sale of Assets. The Company shall not will not, directly or indirectly, consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and of the Company’s assets in one or a series of related transactions to, another any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with or merge with or intointo any other Person, and may sell, transfer, or convey, transfer lease or lease convey all or substantially all its of the Company’s properties and assets to, to another Person, unless; provided that the following conditions are satisfied:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or intointo any other Person, or permit any other Person to consolidate or merge with or into it, or liquidate or dissolve into it or, directly or indirectly, sell, assign, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and assets toas determined on a consolidated basis, another Personin one or a series of related transactions, to any Person unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or into, otherwise transfer in one transaction or convey, transfer a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions so long as:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all its properties and of assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its properties of the property and assets of the Company or the Company’s Subsidiaries taken as a whole (in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Personany Person or permit any Person to merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another any Person, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with, amalgamate with or merge with or into, into any other Person or convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets tosubstantially as an entirety (determined on a consolidated basis for the Company and its consolidated Subsidiaries), another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with, amalgamate with or merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. The Company shall not will not, in any transaction or series of transactions, consolidate with or with, merge with or intointo or complete a scheme of arrangement qualifying as an amalgamation with any Person, or sell, lease, convey, transfer or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with with, enter into a binding share exchange with, or merge with or into, another Person or sell, assign, convey, transfer transfer, lease or lease all or substantially all otherwise dispose of its properties and assets tosubstantially as an entirety to any successor Person (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:

Consolidation, Merger and Sale of Assets. The Company shall not will not, in any transaction or series of transactions, consolidate with or merge into or engage in a scheme of arrangement qualifying as an amalgamation with or intoany Person, or sell, lease, convey, transfer or lease all or substantially all otherwise dispose of any of its properties and assets to, another to any Person, unless:.

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or intointo or sell, or convey, transfer or lease all or substantially all of its properties and assets toto any other Person (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or with, merge with or intointo another Person, permit any Person to merge with or into it, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its of the properties and assets to, another Person, unlessof the Company and the Restricted Subsidiaries (computed on a consolidated basis) (as an entirety or substantially an entirety in one transaction or a series of related transactions) unless each of the following conditions is satisfied:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or into, otherwise transfer in one transaction or convey, transfer or lease a series of related transactions all or substantially all of the consolidated assets of the Company and its properties and assets tosubsidiaries to any corporation, another Personlimited liability company, unlesspartnership or trust organized under the laws of the United States or any of its political subdivisions or the laws of the Netherlands so long as the Company is the surviving corporation or in the event that the Company is not the surviving corporation:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or into, or sell, convey, transfer or lease otherwise dispose (collectively, a “transfer”) of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into the Company unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not (1), directly or indirectly, consolidate with or merge with or intointo another Person (whether or not the Company is the surviving corporation), or (2) sell, assign, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of the property or assets of the Company and its properties and assets toRestricted Subsidiaries taken as a whole, in one or more related transactions, to another Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with or merge with or intointo any other corporation, or conveylease, sell or transfer or lease all or substantially all of its properties property and assets toto any corporation, another Person, unlessif:

Consolidation, Merger and Sale of Assets. The Company shall not Company, without the consent of any Securityholder, may consolidate with with, or merge with or into, or conveysell, transfer transfer, lease or lease all or convey its assets substantially all its properties and assets toas an entirety to any domestic corporation, another Person, unless:provided that: --------

Consolidation, Merger and Sale of Assets. (a) The Company shall not Corporation, without the consent of any Holder, may consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its assets to any Person or may permit any Person to consolidate with or merge into, or transfer or lease all or substantially all its properties and assets to, another Personthe Corporation; provided, unlesshowever, that:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or intointo (whether or not the Company is the surviving corporation), or conveydirectly and/or indirectly through its Subsidiaries sell, transfer assign, transfer, lease, convey or lease otherwise dispose of all or substantially all its of the properties and assets toof the Company and its Subsidiaries taken as a whole in one or more related transactions, another Person, to any other Person unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or intointo any other Person, or convey, transfer transfer, sell, lease or lease otherwise dispose of all or substantially all its properties and assets to, another any other Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not may: (1) consolidate with or merge with or intointo another Person; or (2) sell, assign, transfer, convey or convey, transfer or lease otherwise dispose of all or substantially all its of the Company’s properties or assets and assets toSubsidiaries taken as a whole, in one or more related transactions, to another Person, unless; if:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with or merge with or into, or into any other entity and may convey, transfer or lease all its property as an entirety or substantially all its properties and assets toas an entirety to any entity, another Person, unlessprovided that:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with or merge with into another entity or intosell, or convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties and property or assets toto any other Person or entity, another Person, unlessprovided that:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with or merge with or intointo any other corporation, or conveylease, sell or transfer or lease all or substantially all of its properties property and assets to, another Person, unlessif:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person (other than a Restricted Subsidiary) or permit any Person (other than a Restricted Subsidiary) to merge with or into the Company unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety to any Person and may not permit any Person to consolidate with or merge into the Company or convey, another Persontransfer or lease its properties and assets substantially as an entirety to the Company, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of the Company’s and its Subsidiaries’ properties and assets assets, taken as a whole, to, another Person, any other Person or permit any Person to merge with or into it unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or combine with, merge with or into, or, directly or indirectly, sell, assign, convey, lease, transfer or lease otherwise dispose of all or substantially all of its properties and assets to, another Personto any Person or Persons in a single transaction or through a series of related transactions, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not will not, in a single transaction or a series of related transactions, consolidate with or merge with or intointo any other Person, or sell, convey, transfer or lease all or substantially all its properties property and assets to, substantially as an entirety to another Person, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Holder, consolidate with with, merge into or merge with sell, lease or into, otherwise transfer in one transaction or convey, transfer a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions so long as:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its properties and assets to, another Person, unless:

Consolidation, Merger and Sale of Assets. The Company ----------------------------------------- shall not not, directly or indirectly (including through transactions by Subsidiaries), in a single transaction or through a series of related transactions, consolidate with or merge with or intointo any other Person or sell, assign, transfer, lease or convey, transfer or lease otherwise dispose of all or substantially all its of the properties and assets to, another Person, unlessof the Company and the Subsidiaries on a consolidated basis to any Person or group of affiliated Persons unless in such a transaction:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all of its properties and assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not may amalgamate, consolidate with or merge with or intointo any Person, or conveylease, sell or transfer or lease all or substantially all of its properties property and assets to, another to any Person, unlessif:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all its properties and assets to, another Person, unless:: 24

Consolidation, Merger and Sale of Assets. (j) The Company shall will not consolidate with or merge with or intointo any Person or sell, or convey, transfer lease or lease otherwise dispose of all or substantially all of its properties and assets to, another to any Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not may consolidate with with, or merge with or into, or convey, transfer sell or lease convey all or substantially all of its properties and assets property to, another PersonPerson without the consent of holders of the Notes, unless:provided that the successor to the Company assumes all obligations of the Company under the Fiscal Agency Agreement and the Notes.

Consolidation, Merger and Sale of Assets. The Company ---------------------------------------- shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease other-wise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into the Company unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or intootherwise transfer in one transaction or a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation, limited liability company, partnership or convey, transfer trust organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions provided that:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other person or convey, transfer or lease all or substantially all its properties and assets to, another Personsubstantially as an entirety to any person, unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into the Company unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety, another in one transaction or a series of related transactions, directly or indirectly, to any Person, and shall not permit any Person to consolidate with or merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall will not consolidate with or merge with or into, or convey, sell, transfer or lease all or substantially all of its and its Subsidiaries’ properties and assets (determined on a consolidated basis), taken as a whole, to, another any Person, in a single transaction or in a series of related transactions, unless:

Consolidation, Merger and Sale of Assets. (i) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or intootherwise transfer in one transaction or a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation, limited liability company, partnership or convey, transfer trust organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions so long as:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all its of the consolidated properties and assets of the Company and its Subsidiaries and Consolidated Affiliated Entities, taken as a whole, to, another Person, unless:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Personany Person or permit any Person to merge with or into the Company, unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another Person, any Person or permit any Person to merge with or into it unless:

Consolidation, Merger and Sale of Assets. The Company shall will not consolidate with or merge with or intointo any other Person or, directly or indirectly, convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety to any Person or Persons (in one transaction or a series of related transactions), another Person, unlessunless each of the following conditions is satisfied:

Consolidation, Merger and Sale of Assets. (a) The Company shall may not consolidate with or merge with or into, or conveysell, transfer assign, transfer, convey or lease otherwise dispose of all or substantially all of its properties and assets in one or more related transactions to, another any Person, unlessor permit any Person to merge with or into it unless each of the following conditions is satisfied:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or merge with or into, into any other Person or convey, transfer or lease all or substantially all of its properties and assets toto any other Person in a single transaction or a series of related transactions (any such transaction or series of transactions, another Persona “Merger Transaction”), unless:

Consolidation, Merger and Sale of Assets. (a) The Company shall not may, without the consent of the Warrantholders, consolidate with with, merge into or merge with sell, lease or intootherwise transfer in one transaction or a series of related transactions the consolidated assets of the Company and its subsidiaries substantially as an entirety to any corporation, limited liability company, partnership or convey, transfer trust organized under the laws of the United States or lease all or substantially all any of its properties and assets to, another Person, unlesspolitical subdivisions (a “Successor Entity”) so long as:

Consolidation, Merger and Sale of Assets. The Company shall not consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or lease otherwise dispose of all or substantially all of its properties property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, another any Person, unless:.

Consolidation, Merger and Sale of Assets. (a) The Company Borrower shall not consolidate with or merge with or intointo any other Person or, directly or indirectly, convey, transfer or lease all or substantially all its properties and assets tosubstantially as an entirety to any Person or Persons (in one transaction or a series of related transactions), another Person, unlessunless each of the following conditions is satisfied:

Consolidation, Merger and Sale of Assets. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge with or intointo any other Person or sell, or convey, transfer or lease all or substantially all its properties the Company’s property and assets to, substantially as an entirety to another Person, unless: