Common use of Guarantor May Consolidate, etc., on Certain Terms Clause in Contracts

Guarantor May Consolidate, etc., on Certain Terms. The Guarantor covenants that it will not merge or consolidate with any other Person or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Guarantor shall be the continuing legal entity, or the successor legal entity or the Person which acquires by sale, lease or conveyance substantially all the assets of the Guarantor (if other than the Guarantor) shall expressly assume the due and punctual payment of the principal of and interest on all the Securities 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 Guarantor, by supplemental indenture satisfactory to the Trustee, executed and delivered to the Trustee by such successor legal entity, and (ii) the Guarantor, such Person or such successor legal 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.

Guarantor May Consolidate, etc., on Certain Terms. The Guarantor covenants that it will not merge or consolidate with any other Person or sell, lease or convey all or substantially all of its assets to any other Person, unless (i) either the Guarantor shall be the continuing legal entity, or the successor legal entity or the Person which acquires by sale, lease or conveyance substantially all the assets of the Guarantor (if other than the Guarantor) shall expressly assume the due and punctual payment of the principal of and interest on all the Securities 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 Guarantor, by supplemental indenture reasonably satisfactory to the Trustee, executed and delivered to the Trustee by such successor legal entity, and (ii) the Guarantor, such Person or such successor legal 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.

Guarantor May Consolidate, etc., on Certain Terms. (a) The Guarantor covenants that it will may not in a single transaction or series of related transactions, consolidate or merge with or consolidate with into any other Person person, or sell, lease sell or convey transfer all or substantially all of its property and assets to any other Personperson, other than the Company, unless (ia) either the Guarantor shall be the continuing legal entityperson formed by or resulting from any such consolidation or merger, or which shall have received the successor legal entity transfer of all or the Person which acquires by sale, lease or conveyance substantially all of the property and assets of the Guarantor (if other than the Guarantor) shall expressly assume the due and punctual payment , is or becomes a guarantor of the principal of and interest Notes on all substantially the Securities and same terms as are provided for herein or shall assume the due and punctual performance and observance of all of the covenants and conditions of this Indenture to be performed or observed by the Guarantor, by supplemental indenture satisfactory to Guarantor hereunder and under the Trustee, executed and delivered to the Trustee by such successor legal entity, Indenture and (iib) the Guarantor, such Person person or such successor legal entityperson, as the case may be, shall not, immediately after such merger or consolidation, merger, sale or such sale, lease or conveyancetransfer, be in default in the performance of any such covenant or condition.

Guarantor May Consolidate, etc., on Certain Terms. The Guarantor covenants that it will not merge or consolidate with any other Person other than the Issuer or sell, lease or convey all or substantially all of its assets to any other PersonPerson other than the Issuer, unless (i) either the Guarantor shall be the continuing legal entity, or the successor legal entity or the Person which acquires by sale, lease or conveyance substantially all the assets of the Guarantor (if other than the Guarantor) shall expressly assume the due and punctual payment of the principal of and interest on all the Securities 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 Guarantor, by supplemental indenture satisfactory to the Trustee, executed and delivered to the Trustee by such successor legal entity, and (ii) the Guarantor, such Person or such successor legal 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.