Common use of Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions Clause in Contracts

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance substantially all the assets of the Issuer (if other than the Issuer) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer under this Indenture and the Securities, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the Issuer, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Twenty-Third Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Twenty-Third Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer covenants that it will not merge with or into or consolidate with any corporationSo long as Debt Securities are outstanding, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer shall be not consolidate with or merge into any other corporation or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, unless: (a) the continuing corporationcorporation formed by such consolidation or into which the Issuer is merged or which purchases or acquires by conveyance or transfer, or which leases, the successor entity or the Person which acquires by sale, lease or conveyance substantially all the properties and assets of the Issuer (if other than the Issuer) as an entirety or substantially as an entirety, shall be a corporation or partnership organized and existing under the laws of the United States of America or America, any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer under this Indenture and the SecuritiesColumbia; (b) upon any such consolidation, including merger, sale, lease or conveyance, the due and punctual payment of the principal of of, premium, if any, and interest on all the Securities and Coupons, if anyDebt Securities, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form satisfactory to the Trustee, executed and delivered to the Trustee Trustee, by the corporation formed by such entity, and (ii) the Issuer, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or into which the Issuer shall have been merged, or which shall have acquired such sale, lease or conveyance, be in default in the performance of any such covenant or condition property; and, (c) immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, Default shall have happened occurred and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Nineteenth Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Nineteenth Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Seventeenth Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Seventeenth Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Personperson, unless (i) either the Issuer shall be the continuing corporationsurviving entity, or the successor entity or the Person person which acquires by sale, lease or conveyance substantially all the assets of the Issuer (if other than the Issuer) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer under this Indenture and the Securities, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the Issuer, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuingcondition.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Twenty-First Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Twenty-First Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Nothing contained in this Indenture or in any of the Securities shall prevent any consolidation of the Issuer covenants that it will not merge with or into or consolidate with any corporation, partnershipwith, or merger of the Issuer into, any other entity corporation or sellcorporations (whether or not affiliated with the Issuer), or successive consolidations or mergers to which the Issuer or its successor or successors shall be a party or parties, or shall prevent any sale, lease or convey all conveyance of the property of the Issuer as an entirety or substantially all of its assets to any other Personas an entirety; provided, unless (i) however, that either the Issuer shall be the continuing corporation, corporation or the successor entity or the Person which acquires by sale, lease or conveyance substantially all the assets of the Issuer (if other than the Issuer) corporation shall be a corporation or partnership organized and existing under the laws of the United States of America or any State thereof or the District of Columbia a state thereof; and shall expressly assume all obligations of provided, further, and that the Issuer under this Indenture hereby covenants and the Securitiesagrees, including that upon any such consolidation, merger, sale, lease or conveyance, the due and punctual payment of the principal of and interest on all the Securities and Coupons, if anySecurities, according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Issuer, shall be expressly assumed, by supplemental indenture satisfactory in form satisfactory to the Trustee, executed and delivered to the Trustee Trustee, by the corporation formed by such entity, and (ii) the Issuer, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in into which the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, Issuer shall have happened and be continuingbeen merged, or which shall have acquired such property.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Eighteenth Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Eighteenth Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.

Covenant Not to Merge, Consolidate, Sell or Convey Property Except Under Certain Conditions. The Issuer Company covenants that it will not merge with or into or consolidate with any corporation, partnership, or other entity or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Issuer Company shall be the continuing corporation, or the successor entity or the Person which acquires by sale, lease or conveyance all or substantially all the assets of the Issuer Company (if other than the IssuerCompany) shall be a corporation or partnership organized under the laws of the United States of America or any State thereof or the District of Columbia and shall expressly assume all obligations of the Issuer Company under this Indenture and the SecuritiesSecurities of the series created by the Twentieth Supplemental Indenture, including the due and punctual payment of the principal of and interest on all the Securities and Coupons, if any, of the series created by the Twentieth Supplemental Indenture according to their tenor, and the due and punctual performance and observance of all of the covenants and conditions of this the Indenture to be performed or observed by the IssuerCompany, by supplemental indenture in form satisfactory to the Trustee, executed and delivered to the Trustee by such entity, and (ii) the IssuerCompany, such person or such successor entity, as the case may be, shall not, immediately after such merger or consolidation, or such sale, lease or conveyance, be in default in the performance of any such covenant or condition and, immediately after giving effect to such transaction, no Event of Default, and no event which, after notice or lapse of time or both, would become an Event of Default, shall have happened and be continuing.