Common use of Consolidation, Merger or Sale of Assets by a Guarantor Clause in Contracts

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may (i) consolidate with or merge with or into any Person, or (ii) sell, convey, transfer, lease or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, or (iii) permit any Person to merge with or into such Guarantor unless (1) the other Person is the Company or any Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2) (A) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under its Note Guaranty, this Indenture and the Security Agreements; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may: (i) consolidate with or merge with or into any Person, or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, or (iii) permit any Person to merge with or into such the Guarantor unless (1A) the other Person is the Company or any Wholly Owned Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under this Indenture, its Note Guaranty, this Indenture Guarantee and the Security Collateral Agreements; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may: (i) consolidate with or merge with or into any Person, or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, or (iii) permit any Person to merge with or into such the Guarantor unless (1A) the other Person is the Company or any Wholly Owned Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under this Indenture, its Note Guaranty, this Indenture Guaranty and the Security Collateral Agreements; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may (i) consolidate with or merge with or into any Person, or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, or (iii) permit any Person to merge with or into such Guarantor unlessthe Guarantor (1A) the other Person is the Company or any Wholly Owned Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or or 63 70 (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under its Note Guaranty, this Indenture Guaranty and expressly assumes all of the obligations of the Guarantor under the Security AgreementsDocuments to which it is a party; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may: (i) consolidate with or merge with or into any Person, ; or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, ; or (iii) permit any Person to merge with or into such the Guarantor unless: (1A) the other Person is the Company or any Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreementindenture, as applicable) substantially in the form of Exhibit B, all of the obligations of the Guarantor under its Note Guaranty, this Indenture and the Security Agreements; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor (other than the Company) may: (i) consolidate with or merge with or into any Person, ; or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, ; or (iii) permit any Person to merge with or into such Guarantor the Guarantor, unless (1A) the other Person is the Company Company, the Issuer or any Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under its Note Guaranty, this the Indenture and the Security Agreements, as applicable; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Neither the Guarantor maynor any future guarantor will: (i) consolidate with or merge with or into any Person, ; or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all of its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, ; or (iii) permit any Person to merge with or into such Guarantor the Guarantor; unless: (1A) the other Person is the Company or any Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (Ai) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person (if not such Guarantor) expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under its Note Guaranty, this Indenture and the Security AgreementsGuarantee; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may: (i) consolidate with or merge with or into any Person, or; (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, ; or (iii) permit any Person to merge with or into such Guarantor the Guarantor, unless: (1A) the other Person is the Company or any Wholly Owned Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) Indenture all of the obligations of the Guarantor under its Note Guaranty, this Indenture and the Security AgreementsGuarantee; and

Consolidation, Merger or Sale of Assets by a Guarantor. (a) No Guarantor may: (i) consolidate with or merge with or into any Person, or (ii) sell, convey, transfer, lease transfer or dispose of, all or substantially all its assets as an entirety or substantially as an entirety, in one transaction or a series of related transactions, to any Person, or (iii) permit any Person to merge with or into such the Guarantor unless (1A) the other Person is the Company or any Wholly Owned Restricted Subsidiary that is a Guarantor or that becomes a Guarantor concurrently with the transaction; or (2B) (A1) either (x) the Guarantor is the continuing or surviving Person or (y) the resulting, surviving or transferee Person expressly assumes by supplemental indenture (or other joinder agreement, as applicable) all of the obligations of the Guarantor under the Indenture, its Note Guaranty, this Indenture Guaranty and the Security AgreementsRegistration Rights Agreement; and