Consolidation, Merger or Sale of Assets Permitted. (a) The Company shall not consolidate with or merge into any other corporation or sell or convey all or substantially all of its assets to any Person, unless the corporation formed by such consolidation or into which the Company is merged or the Person which acquires by sale or conveyance all or substantially all of the assets of the Company, shall be a corporation organized and existing under the laws of the United States of America or any State or the District of Columbia, and shall execute and deliver to the Trustee an agreement in form reasonably satisfactory to the Trustee containing an assumption by such successor corporation of the due and punctual performance and observance of each covenant and condition of this Indenture to which the Company is a party.
Appears in 1 contract
Samples: Indenture and Security Agreement (Union Tank Car Co)
Consolidation, Merger or Sale of Assets Permitted. (a) The Company shall not consolidate with or merge into any other corporation or sell or convey all or substantially all of its assets to any Person, unless the corporation formed by such consolidation or into which the Company is merged or the Person which acquires by sale or conveyance all or substantially all of the assets of the Company, shall be a corporation organized and existing under the laws of the United States of America or any State or the District of Columbia, and shall execute and deliver to the Pass Through Trustee an agreement in form reasonably satisfactory to the Pass Through Trustee containing an assumption by such successor corporation of the due and punctual performance and observance of each covenant and condition of this Indenture Agreement to which the Company is a party.
Appears in 1 contract
Samples: Union Tank Car Co
Consolidation, Merger or Sale of Assets Permitted. (a) The Company Union shall not consolidate with or merge into any other corporation or sell or convey all or substantially all of its assets to any Person, unless the corporation formed by such consolidation or into which the Company Union is merged or the Person which acquires by sale or conveyance all or substantially all of the assets of the CompanyUnion, shall be a corporation organized and existing under the laws of the United States of America or any State or the District of Columbia, and shall execute and deliver to the Pass Through Trustee an agreement in form reasonably satisfactory to the Pass Through Trustee containing an assumption by such successor corporation of the due and punctual performance and observance of each covenant and condition of this Indenture Agreement to which the Company Union is a party.
Appears in 1 contract
Consolidation, Merger or Sale of Assets Permitted. (a) The Company shall not consolidate with or merge into any other corporation or sell or convey all or substantially all of its assets to any Person, unless the corporation formed by such consolidation or into which the Company is merged or the Person which acquires by sale or conveyance all or substantially all of the assets of the Company, Company shall be a corporation organized and existing under the laws of the United States of America or any State or the District of Columbia, and shall execute and deliver to the Pass Through Trustee an agreement in form reasonably satisfactory to the Pass Through Trustee containing an assumption by such successor corporation of the due and punctual performance and observance of each covenant and condition of this Indenture Agreement to which the Company is a party.
Appears in 1 contract
Samples: Union Tank Car Co