Consolidation, Merger and Sale of Assets. (a) No Issuer shall consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 18 contracts
Samples: Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall will not consolidate with or merge with or into, or sell, convey, transfer transfer, lease or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it the Issuer unless:
Appears in 13 contracts
Samples: Indenture (OHI Healthcare Properties Limited Partnership), Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc
Consolidation, Merger and Sale of Assets. (a) No Neither Parent nor any Issuer shall consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its it and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall not consolidate with or merge with with, or into, any other Person or sell, convey, transfer or otherwise dispose of all or substantially all lease any of its and its Restricted Subsidiaries’ (taken as assets, whether in a whole) property and assets (as an entirety or substantially an entirety in one single transaction or a series of related transactions) to, to any Person except for (i) any such sale, conveyance or permit transfer contemplated in this Indenture or any Person Supplement or the Management Agreement and (other than a Restricted Subsidiaryii) to merge the leasing or sale of the Managed Containers in accordance with or into it unless:the terms of the Management Agreement.
Appears in 6 contracts
Samples: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall will not consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose (collectively, a “transfer”) of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it the Issuer unless:
Appears in 4 contracts
Samples: Indenture (RLJ Lodging Trust), Indenture (RLJ Lodging Trust), Indenture (Xenia Hotels & Resorts, Inc.)
Consolidation, Merger and Sale of Assets. (a) No Issuer shall None of Parent, General Partner, nor either of the Issuers will consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it Parent, General Partner or an Issuer, as applicable, unless:
Appears in 3 contracts
Samples: CareTrust REIT, Inc., Supplemental Indenture (CareTrust REIT, Inc.), Supplemental Indenture (CareTrust REIT, Inc.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall will not consolidate with or merge with or into, or sell, convey, transfer transfer, lease or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it the Issuer unless:
Appears in 3 contracts
Samples: Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc, Omega Healthcare Investors Inc
Consolidation, Merger and Sale of Assets. (a) No (i) The Issuer shall will not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of Transfer all or substantially all of its the properties or assets of the Issuer and its Restricted Subsidiaries’ (, taken as a wholewhole and (ii) property and assets (as an entirety or substantially an entirety the Issuer will not permit any of its Subsidiaries to, in one a single transaction or a series of related transactions) , Transfer all or substantially all of the properties or assets of the Issuer and its Subsidiaries, taken as a whole, in each case, to, any another Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 3 contracts
Samples: Indenture (Mueller Water Products, Inc.), Supplemental Indenture (Cooper-Standard Holdings Inc.), Indenture (LKQ Corp)
Consolidation, Merger and Sale of Assets. (ai) No The Issuer shall will not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of Transfer all or substantially all of its the properties or assets of the Issuer and its Restricted Subsidiaries’ (, taken as a wholewhole and (ii) property and assets (as an entirety or substantially an entirety the Issuer will not permit any of its Subsidiaries to, in one a single transaction or a series of related transactions) , Transfer all or substantially all of the properties or assets of the Issuer and its Subsidiaries, taken as a whole, in each case, to, any another Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc)
Consolidation, Merger and Sale of Assets. (a) No Issuer shall not consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 2 contracts
Samples: Sotherly Hotels Lp, Sotherly Hotels Lp
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall not consolidate with or merge with or into, into any other Person or sell, convey, convey or transfer to any Person all or otherwise dispose any part of the Collateral or all or substantially all of its and its Restricted Subsidiaries’ (taken as assets, except for any such sale, conveyance or transfer expressly permitted by this Indenture or any Supplement issued hereunder, whether in a whole) property and assets (as an entirety or substantially an entirety in one single transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:.
Appears in 2 contracts
Samples: Servicing Agreement (Seacastle Inc.), Servicing Agreement (Seacastle Inc.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall will not, directly or indirectly, consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of lease all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) transactions to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it Person, unless:
Appears in 2 contracts
Samples: Second Supplemental Indenture (Delphi Automotive PLC), Delphi Automotive PLC
Consolidation, Merger and Sale of Assets. (a) No Issuer shall Neither of the Issuers will consolidate with or with, merge with or into, or sell, convey, transfer transfer, lease or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it either of the Issuers unless:
Appears in 2 contracts
Samples: Indenture (Gogo Inc.), Indenture (Gogo Inc.)
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of all or substantially all lease any of its and its Restricted Subsidiaries’ (taken as assets, whether in a whole) property and assets (as an entirety or substantially an entirety in one single transaction or a series of related transactions, to any Person, except for (i) toany such sale, conveyance or transfer contemplated or permitted in this Indenture or any Person or permit any Person other Related Document and (other than a Restricted Subsidiaryii) to merge Leases of Containers in accordance with or into it unless:the terms of the Management Agreement.
Appears in 2 contracts
Samples: Director Services Agreement (SeaCube Container Leasing Ltd.), Indenture (Seacastle Inc.)
Consolidation, Merger and Sale of Assets. (a) No (i) The Issuer shall will not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of Transfer all or substantially all of its the properties or assets of the Issuer and its Restricted Subsidiaries’ (, taken as a wholewhole and (ii) property and assets (as an entirety or substantially an entirety the Issuer will not permit any of its Restricted Subsidiaries to, in one a single transaction or a series of related transactions) , Transfer all or substantially all of the properties or assets of the Issuer and its Subsidiaries, taken as a whole, in each case, to, any another Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. (a) No (i) The Issuer shall will not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of Transfer all or substantially all of its the properties or assets of the Issuer and its Restricted Subsidiaries’ (, taken as a wholewhole and (ii) property and assets (as an entirety or substantially an entirety Holdings will not permit any of its Restricted Subsidiaries to, in one a single transaction or a series of related transactions) , Transfer all or substantially all of the properties or assets of the Issuer and its Subsidiaries, taken as a whole, in each case, to, any another Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall not consolidate with or merge with or intointo any other entity, or sell, convey, transfer lease or otherwise dispose of convey all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety assets, to any other entity in any one or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unlessmore transactions unless the following conditions are met:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. (a) No The Issuer shall will not consolidate with or merge with or into, into any other Person or sell, convey, transfer or otherwise dispose of Transfer all or substantially all of its the properties or assets of the Issuer and its Restricted Subsidiaries’ (, taken as a whole, and (ii) property and assets (as an entirety or substantially an entirety the Issuer will not permit any of its Restricted Subsidiaries to, in one a single transaction or a series of related transactions) , Transfer all or substantially all of the properties or assets of the Issuer and its Subsidiaries, taken as a whole, in each case, to, any another Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 1 contract
Samples: Supplemental Indenture (Brinks Co)
Consolidation, Merger and Sale of Assets. (a) No Issuer shall consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its the property and assets of such Issuer and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 1 contract
Consolidation, Merger and Sale of Assets. (a) No Issuer shall consolidate with or merge with or into, or sell, convey, transfer or otherwise dispose of all or substantially all of its it and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:
Appears in 1 contract
Samples: Indenture (Global Net Lease, Inc.)
Consolidation, Merger and Sale of Assets. (a) No Issuer shall Each of the Issuers may not consolidate with or merge with or into, or sell, conveyassign, transfer transfer, lease, convey or otherwise dispose of all or substantially all of its and its Restricted Subsidiaries’ (taken as a whole) property and assets (as an entirety or substantially an entirety in one transaction or a series of related transactions) to, any Person or permit any Person (other than a Restricted Subsidiary) to merge with or into it unless:Person, unless each of the following conditions is satisfied.
Appears in 1 contract
Samples: Third Supplemental Indenture (Equistar Chemicals Lp)