Common use of Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms Clause in Contracts

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the Indenture.

Appears in 27 contracts

Samples: Second Supplemental Indenture (Consolidated Communications Holdings, Inc.), First Supplemental Indenture (Consolidated Communications Holdings, Inc.), Fourth Supplemental Indenture (Cincinnati Bell Inc)

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Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Each Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the Indenture.

Appears in 13 contracts

Samples: First Supplemental Indenture (Consolidated Communications Holdings, Inc.), Third Supplemental Indenture (Cincinnati Bell Inc), Second Supplemental Indenture (Cincinnati Bell Inc)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The (a) A Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not such Guaranteeing Subsidiary is the surviving Person) another Person, any Person other than either of the Issuers or another Guarantor, except as set forth in Section 10.04 of the Indenture.

Appears in 6 contracts

Samples: Supplemental Indenture (Wynn Resorts LTD), Supplemental Indenture (Wynn Resorts LTD), Supplemental Indenture (Wynn Resorts LTD)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The No Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the Indenture.

Appears in 5 contracts

Samples: Supplemental Indenture (Cincinnati Bell Inc), Fifth Supplemental Indenture (Consolidated Communications Holdings, Inc.), Second Supplemental Indenture (Consolidated Communications Holdings, Inc.)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may shall not sell (i) consolidate with or otherwise merge with or into any Person, or (ii) sell, convey, transfer or dispose of all or substantially all of its assets toassets, in one transaction or consolidate with or merge with or intoa series of related transactions, to any Person other than as set forth in Section 10.04 of the Indenture.Person, unless:

Appears in 4 contracts

Samples: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP), Indenture (Foresight Energy Partners LP)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. (a) The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not the Guaranteeing Subsidiary is the surviving Person), any Person another Person, other than as set forth in Section 10.04 of the Indenture.Company or another Guarantor, unless:

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Solo Cup CO), Third Supplemental Indenture (Solo Cup CO), Second Supplemental Indenture (Solo Cup CO)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 12.04 of the Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Cardtronics Inc), Supplemental Indenture (Cardtronics Inc)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The (a) Except as otherwise provided in Section 11.04 of the Indenture, the Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not such Guarantor is the surviving Person) another Person, any Person other than as set forth in Section 10.04 of the Indenture.Company or another Guarantor unless:

Appears in 1 contract

Samples: Supplemental Indenture (Uae Ref Fuel Ii Corp)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. (a) The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not the Guaranteeing Subsidiary is the surviving Person) another Person, any Person other than as set forth in Section 10.04 of the Indenture.Issuers or another Guarantor unless:

Appears in 1 contract

Samples: Supplemental Indenture (Ventas Inc)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The No Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or intointo (whether or not such Guarantor is the surviving Person) another corporation, any Person other than as or entity whether or not affiliated with such Guarantor except in accordance with the provisions set forth in the Indenture, including, without limitation, Section 10.04 11.05 of the Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Petco Animal Supplies Inc)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not such Guaranteeing Subsidiary is the surviving Person), any Person another Person, other than as set forth in Section 10.04 the Issuer or another Subsidiary Guarantor, unless: immediately after giving effect to that transaction, no Default or Event of the Indenture.Default exists; and either:

Appears in 1 contract

Samples: Supplemental Indenture (Digitalnet Holdings Inc)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The None of the Guaranteeing Subsidiary Subsidiaries may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Windstream Corp)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. (a) The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or intointo (whether or not the Guaranteeing Subsidiary is the surviving Person), any Person another Person, other than as set forth in Section 10.04 of the Indenture.Issuers or another Guarantor, unless:

Appears in 1 contract

Samples: Second Supplemental Indenture (Solo Cup CO)

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Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The (a) Except as provided in Section 11.06 of the Indenture, the Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any into (whether or not such Guarantor is the surviving Person) another Person other than as set forth in Section 10.04 of the Indenture.Company or another Guarantor unless:

Appears in 1 contract

Samples: Indenture (Consolidated Container Co LLC)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. (a) The Guaranteeing Subsidiary may shall not sell (i) consolidate with or otherwise merge with or into any Person, or (ii) sell, convey, transfer or dispose of all or substantially all of its assets toassets, in one transaction or consolidate with or merge with or intoa series of related transactions, to any Person other than as set forth in Section 10.04 of the Indenture.Person, unless:

Appears in 1 contract

Samples: Foresight Energy Partners LP

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 11.04 of the Indenture.

Appears in 1 contract

Samples: Indenture (Windstream Services, LLC)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The A Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into, any into (whether or not such Guaranteeing Subsidiary is the surviving Person) another Person other than as set forth in Section 10.04 of the Indenture.Company or another Guarantor, unless:

Appears in 1 contract

Samples: Indenture (Precision Castparts Corp)

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into, any into (whether or not such Guaranteeing Subsidiary is the surviving Person) another Person other than as set forth in Section 10.04 of the Indenture.Company or another Guarantor, unless:

Appears in 1 contract

Samples: Precision Castparts Corp

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The (a) Each Guaranteeing Subsidiary may shall not sell (i) consolidate with or otherwise merge with or into any Person, or (ii) sell, convey, transfer or dispose of all or substantially all of its assets toassets, in one transaction or consolidate with or merge with or intoa series of related transactions, to any Person other than as set forth in Section 10.04 of the Indenture.Person, unless:

Appears in 1 contract

Samples: Foresight Energy Partners LP

Guaranteeing Subsidiary May Consolidate, Etc., on Certain Terms. The Guaranteeing Subsidiary may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into, any Person other than as set forth in Section 10.04 of the IndentureCredit Agreement.

Appears in 1 contract

Samples: Credit Agreement (ORBCOMM Inc.)

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