Consolidations, Mergers and Sales of Assets. In the case of the Company (a) consolidate or merge with or into any other Person or liquidate, wind up or dissolve (or suffer any liquidation or dissolution) or (b) sell, or otherwise transfer (in one transaction or a series of transactions), or permit any Subsidiary to sell, or otherwise transfer (in one transaction or a series of transactions), all or substantially all of the assets of the Company and the Subsidiaries, taken as a whole, to any other Person; provided that the Company may merge or consolidate with another Person if (A) the Company is the corporation surviving such merger and (B) immediately after giving effect to such merger or consolidation, no Default or Event of Default shall have occurred and be continuing.
Appears in 16 contracts
Samples: Credit Agreement (Bristol Myers Squibb Co), Credit Facility Agreement (Bristol Myers Squibb Co), Credit Agreement (Bristol Myers Squibb Co)
Consolidations, Mergers and Sales of Assets. In the case of the Company Company, (a) consolidate or merge with or into any other Person or liquidate, wind up or dissolve (or suffer any liquidation or dissolution) or (b) sell, or otherwise transfer (in one transaction or a series of transactions), or permit any Subsidiary to sell, or otherwise transfer (in one transaction or a series of transactions), all or substantially all of the assets of the Company and the its Subsidiaries, taken as a whole, to any other Person; provided that the Company may merge or consolidate with another Person if (A) the Company is the corporation surviving such merger and (B) immediately after giving effect to such merger or consolidation, no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Samples: Term Loan Agreement (Mead Johnson Nutrition Co), Year Revolving Credit Facility Agreement (Mead Johnson Nutrition Co), Credit Facility Agreement (Mead Johnson Nutrition Co)
