Limitation on Mergers, Etc. It shall not consolidate with or merge with or into any Person or liquidate or dissolve, or transfer all or substantially all of its assets to any Person except, in the case of the Issuer, by way of the grant of a lien to the Indenture Trustee pursuant to the Transaction Documents, or, except as expressly permitted by the Transaction Documents, transfer any of its assets to any Person.
Limitation on Mergers, Etc. The Issuer shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person or liquidate or dissolve except as provided in the Indenture or as permitted hereby. The Issuer shall furnish to the Insurer all information requested by it that is reasonably necessary to determine compliance with this paragraph.
Limitation on Mergers, Etc. Neither the Depositor nor the Issuing Entity shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person or liquidate or dissolve except as provided in the Indenture or as permitted hereby. The Depositor shall furnish to the Insurer all information requested by it that is reasonably necessary to determine compliance with this paragraph.
Limitation on Mergers, Etc. The Issuer shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person or liquidate or dissolve.
Limitation on Mergers, Etc. The Seller shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person or liquidate or dissolve except as expressly permitted in the Agreement.
Limitation on Mergers, Etc. The Issuer shall not consolidate with or merge with or into any Person or transfer all or any material amount of its assets to any Person or liquidate or dissolve unless (i) the Issuer shall have provided prior written notice thereof to the Noteholders, together with an officer's certificate and an Opinion of Counsel to the effect that such consolidation, merger or transfer complies with the terms of the Transaction Documents and the Issuer's partnership agreement, and (ii) the Required Noteholders have consented thereto in writing. The Issuer shall not permit the General Partner, PMCT or PMC to sell, transfer, assign or otherwise dispose of or convey its respective partnership interest in the Issuer.
Limitation on Mergers, Etc and Issuances of Securities. Except as expressly provided in this Section and as contemplated by the Reorganization Plan filed with the Bankruptcy Court, no Debtor will (i) enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), (ii) acquire any business or property from, or capital stock of, or be a party to any acquisition of, any Person except for (1) purchases of inventory and other property to be sold or used in the ordinary course of business, and (2) Investments permitted under Section 10(h) or (iii) sell, transfer, lease, exchange, alienate or otherwise dispose of, in one transaction or a series of transactions, any part of its business or property, whether now owned or hereafter acquired, except for sales or transfers not prohibited by Section 10(f). EOTT MLP will not issue any securities other than limited partnership interests and any options or warrants giving the holders thereof only the right to acquire such interests. No Subsidiary of EOTT MLP will issue any additional partnership or limited liability company interests or shares of its capital stock or other securities or any options, warrants or other rights to acquire such additional partnership or limited liability company interests or shares or other securities, except that a direct Subsidiary of a Debtor may issue additional partnership or limited liability company interests or shares or other securities to such Debtor or to EOTT MLP so long as such Subsidiary is a Wholly Owned Subsidiary of EOTT MLP after giving effect thereto. No Subsidiary of a Borrower which is a partnership will allow any diminution of such Borrower's interest (direct or indirect) therein.
Limitation on Mergers, Etc. It shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person or liquidate or dissolve except as provided in the Operative Documents or as permitted hereby. It shall furnish to the Insurer all information requested by the Insurer that is reasonably necessary to determine compliance with this paragraph.
Limitation on Mergers, Etc. Except as expressly permitted by the Agreement, Alliance shall not consolidate with or merge with or into any Person or transfer all or substantially all of its assets to any Person (each, a "Transaction") or liquidate or dissolve. Without limiting the foregoing, no Transaction shall be consummated unless Alliance shall delivered to the Insurer (a) an Officer's Certificate reasonably satisfactory to it, stating that such consolidation, conversion, merger, or succession and such agreement of assumption comply with this Section and the other Basic Documents that all conditions precedent, if any, provided for in this Agreement and the other Basic Documents relating to such transaction have been complied with, and (b) an opinion of counsel, reasonably satisfactory to it, stating that, in the opinion of such counsel, (1) the agreement of assumption is the valid and binding obligations of the parties thereto and effective to accomplish the assumption of liabilities contemplated therein, (2) either (A) all financing statements and continuation statements and amendments thereto have been executed and filed that are necessary fully to preserve and protect the interest of the Issuer, the Indenture Trustee, the Insurer and the Noteholders in the Loans and reciting the details of such filings, or (B) no such action shall be necessary to preserve and protect such interest in either case, such opinion shall cover the matters covered in the opinion delivered pursuant to Section 3.6(a) of the Indenture, taking into account changes of law, and (3) after giving effect to such merger or consolidation, Alliance (or its successor) would not be substantively consolidated with the Seller or the Issuer in the event of a bankruptcy of Alliance or its successor.
Limitation on Mergers, Etc. The Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its business or Assets, or make any material change in its present method of conducting business, except so long as no Default, Event of Default or event that with the lapse of time or the giving of notice, or both, would constitute an Event of Default, has occurred and is continuing or would result therefrom:
(a) any wholly-owned Subsidiary may be merged or consolidated with or into the Company (provided that the Company shall be continuing or surviving corporation) or with or into any one or more wholly-owned Subsidiaries (provided that a wholly-owned Subsidiary or Subsidiaries shall be the continuing or surviving corporation);
(b) any wholly-owned Subsidiary may sell, lease, transfer or otherwise dispose of any or all of its Assets (upon voluntary liquidation or otherwise) to the Company or any other wholly-owned Subsidiary; and
(c) the Company or any Subsidiary may be merged or consolidated with one or more entities provided that (i) the Company or any such Subsidiary shall be the continuing or surviving corporation, (ii) the Required Holders shall have consented to such merger or consolidation and (iii) immediately after giving effect thereto, no Default or Event of Default or event that with the lapse of time or them giving notice, would constitute an Event of Default shall have occurred and be continuing or would result therefrom.
