Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets to any Person (other than a Subsidiary); PROVIDED that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.
Appears in 5 contracts
Samples: Credit Agreement (Duke Capital Corp), Credit Agreement (Duke Energy Corp), Credit Agreement (Duke Energy Corp)
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets all or any substantial part of the assets of the Borrower and its Subsidiaries, taken as a whole, to any Person (other than a Subsidiary)Person; PROVIDED that the Borrower may merge with another Person if the Borrower is the surviving corporation surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuingexists.
Appears in 4 contracts
Samples: Credit Agreement (Unova Inc), Credit Agreement (Western Atlas Inc), Credit Agreement (Western Atlas Inc)
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets all or substantially all of the assets of the Borrower and its Subsidiaries, taken as a whole, to any Person (other than a Subsidiary); PROVIDED Person, provided that the Borrower may merge with another Person if (A) the Borrower is the corporation surviving such merger and, and (B) immediately after giving effect theretoto such merger, no Default shall have occurred and be continuing.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (American Stores Co /New/), Credit Agreement (American Stores Co /New/)
Consolidations, Mergers and Sales of Assets. The Such Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets to any Person (other than a Subsidiary); PROVIDED provided that the such Borrower may merge with another Person if the such Borrower is the corporation Person surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.
Appears in 2 contracts
Samples: Credit Agreement (Duke Energy CORP), Credit Agreement (Cincinnati Gas & Electric Co)
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfertransfer all or any substantial part of the assets of the Borrower and its Subsidiaries, directly or indirectlytaken as a whole, Substantial Assets to any Person (other than a Subsidiary)Person; PROVIDED that that, the Borrower may merge with another Person if (A) the Borrower is the corporation surviving such merger and, and (B) immediately after giving effect theretoto such merger, no Default shall have occurred and be continuing.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Hilton Hotels Corp), Short Term Credit Agreement (Hilton Hotels Corp)
Consolidations, Mergers and Sales of Assets. The Borrower ------------------------------------------- will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets to any Person (other than a Subsidiary); PROVIDED provided that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Duke Energy Corp)
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfertransfer all or any substantial part of the assets of the Borrower and its Subsidiaries, directly or indirectlytaken as a whole, Substantial Assets to any Person (other than a Subsidiary)Person; PROVIDED that the Borrower may merge with another Person if (a) the Borrower is the corporation surviving such merger and, and (b) immediately after giving effect theretoto such merger, no Default shall have occurred and be continuing.
Appears in 1 contract
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfertransfer all or any substantial part of the assets of the Borrower and its Subsidiaries, directly or indirectlytaken as a whole, Substantial Assets to any Person (other than a Subsidiary)Person; PROVIDED that the Borrower may merge with another Person if (A) the Borrower is the corporation surviving such merger and, and (B) immediately after giving effect theretoto such merger, no Default shall have occurred and be continuing.
Appears in 1 contract
Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, Substantial Assets all or any substantial part of the assets of the Borrower and its Subsidiaries, taken as a whole, to any Person (other than a Subsidiary)Person; PROVIDED provided that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.
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