Common use of Limitation on Consolidation, Merger, Sale or Conveyance Clause in Contracts

Limitation on Consolidation, Merger, Sale or Conveyance. In addition to the limitations set forth in Article 8 of the Indenture, so long as the General Term Notes are Outstanding and until the General Term Notes are rated BBB- or above (or an equivalent rating) by Standard & Poor's and one Other Rating Agency (or if Standard & Poor's shall change its rating system, an equivalent of such rating then employed by such organization) at which time the Company shall be permanently released from the following provisions, the Company shall not consolidate with or merge into any other Person or sell, lease or convey the property of the Company in the entirety or substantially as an entirety unless (i) immediately after giving effect to such transaction the Consolidated Net Worth of the surviving entity is at least equal to the Consolidated Net Worth of the Company

Appears in 2 contracts

Samples: Supplemental Indenture (CMS Energy Trust Ii), Fourth Supplemental Indenture (CMS Energy Corp)

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