Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 15 contracts
Samples: Indenture (Nationsrent Companies Inc), Indenture, (Nationsrent Companies Inc), Indenture (Ameristar Casinos Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 13 contracts
Samples: Covenants (Dole Food Co Inc), Indenture (Energy Partners LTD), Indenture (Dune Energy Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 13 contracts
Samples: Note Purchase Agreement (LSB Industries Inc), Indenture (LSB Industries Inc), Fourth Supplemental Indenture (Manitowoc Co Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 12 contracts
Samples: Manitowoc Co Inc, Merger Agreement (Salt Holdings Corp), Merger Agreement (Salt Holdings Corp)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 12 contracts
Samples: Indenture (Dana Inc), Dana Inc, Dana Inc
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s properties and assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person unless:
Appears in 7 contracts
Samples: Indenture (Arcos Dorados Holdings Inc.), Yojne S.A., Indenture (Homex Development Corp.)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consummate a Division as a Dividing Person, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 7 contracts
Samples: Supplemental Indenture (Graphic Packaging Holding Co), Indenture (Graphic Packaging International, LLC), Supplemental Indenture (Graphic Packaging International, LLC)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 6 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Total Gas & Electricity (PA) Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or a series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety to any Person unless:
Appears in 5 contracts
Samples: Huntsman International LLC, Tioxide Americas Inc, Huntsman International LLC
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety entirety, to any Person unless:
Appears in 4 contracts
Samples: Dole Food Company Inc, Dole Food Co Inc, Dole Food Company Inc
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, amalgamate, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety entirety, to any Person unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Carriage Services Inc), Indenture (Carriage Services Inc), Indenture (Ritchie Bros Auctioneers Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 3 contracts
Samples: Note Agreement (Designs Inc), Indenture (Scientific Games Corp), Autotote Corp
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's properties and assets of the Company or the Company and its Restricted Subsidiaries taken as a whole (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person Person, unless:
Appears in 3 contracts
Samples: Indenture (MDC Partners Inc), Indenture (MDC Partners Inc), Indenture (MDC Partners Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's its assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 3 contracts
Samples: Indenture, (Broadview Networks Holdings Inc), McLeodusa Inc, McLeodUSA Holdings Inc
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's properties and assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person unless:
Appears in 3 contracts
Samples: Indenture (Access Financial Solutions Inc), Baron Wire & Cable Corp., CCI International, Inc.
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s properties and assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person unless:
Appears in 3 contracts
Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (QGOG Constellation S.A.)
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s properties and assets (determined on a consolidated basis for the Company and the Company's Restricted its Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person unless:
Appears in 2 contracts
Samples: Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Indenture (Scientific Games Corp), Note Agreement (Casual Male Retail Group Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's properties and assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Article Twelve Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Personperson, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving or continuing Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s properties and assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety ), to any Person unless:
Appears in 2 contracts
Samples: LDK Solar Co., Ltd., Coleman Cable, Inc.
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Tenneco Automotive Inc, Tenneco Automotive Inc
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, amalgamate, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: North American (Griffiths Pile Driving Inc), Indenture (Propex International Holdings II Inc.)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Graphic Packaging Holding Co), Second Supplemental Indenture (Tenneco Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety to any Person Person, unless:
Appears in 2 contracts
Samples: Indenture (Hi-Crush Inc.), Collateral and Security Documents (Exide Technologies)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Granite Broadcasting Corp
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture, (Kratos Defense & Security Solutions, Inc.)
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or a series of related transactions, consolidate with or merge with or into any Personinto, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) assets, whether as an entirety or substantially as an entirety entirety, to any Person unless:
Appears in 1 contract
Samples: Stuart Entertainment Inc
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Magnum Hunter Resources Inc
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Edgen Louisiana CORP)
Merger, Consolidation and Sale of Assets. (a) The Company will shall not, in a single transaction or a series of related transactions, consolidate with or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) to any Person whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Dyncorp)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Thornburg Mortgage Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unlessunless either:
Appears in 1 contract
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, shall not consolidate with or merge with or into any Personinto, or sell, assign, transferconvey, lease, convey transfer or lease or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, convey, transfer, lease, convey lease or otherwise dispose of) ), in one transaction or a series of related transactions, all or substantially all of the Company's its assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person Person, unless:
Appears in 1 contract
Samples: Indenture (Nm Licensing LLC)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or a series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Huntsman Packaging Corp)
Merger, Consolidation and Sale of Assets. The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's its assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Registration Rights Agreement (Broadview Networks Holdings Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries, taken as a whole) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Dan River Inc /Ga/)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, amalgamate, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Nacg Finance LLC
Merger, Consolidation and Sale of Assets. The Company ---------------------------------------- will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person (whether or not the Company is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's and its Restricted Subsidiaries' properties and assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or and the Company will not sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's properties and assets (determined on a consolidated basis for of the Company and the Company's its Restricted Subsidiaries) whether Subsidiaries taken as an entirety or substantially as an entirety a whole, to any Person unless:
Appears in 1 contract
Merger, Consolidation and Sale of Assets. The Company will shall not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or, directly or indirectly, sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company its Subsidiaries to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiariesbasis) whether as an entirety or substantially as an entirety to any Person Person, unless:
Appears in 1 contract
Samples: Indenture (Ceridian Corp)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) ), whether as an entirety or substantially as an entirety entirety, to any Person unless:
Appears in 1 contract
Samples: Tennant Company (Tennant Co)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Mobile Mini Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey transfer or otherwise dispose of (or cause or permit any of its Restricted Subsidiary of the Company Subsidiaries to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Alta One Inc.)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person Person, unless:
Appears in 1 contract
Samples: Town Sports International Inc
Merger, Consolidation and Sale of Assets. The Company will not, and will not cause or permit any Restricted Subsidiary of the Company to, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets and properties (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Omnova Solutions Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture, (Boston Gear LLC)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, Person or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Pasta Group L L C
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose ofdo so) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's ’s Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (MxEnergy Holdings Inc)
Merger, Consolidation and Sale of Assets. (1) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Kronos International Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any PersonPerson (other than in connection with the Recapitalization), or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's assets (determined on a consolidated basis for the Company and the Company's Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:an
Appears in 1 contract
Samples: Indenture (Scot Inc)
Merger, Consolidation and Sale of Assets. The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's its Restricted Subsidiaries) whether as an entirety or substantially as an entirety to any Person Person, unless:
Appears in 1 contract
Samples: Supplemental Indenture (Town Sports International Holdings Inc)
Merger, Consolidation and Sale of Assets. (a) The Company will not, in a single transaction or series of related transactions, consolidate or merge with or into any Person, or sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Restricted Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the Company's ’s assets (determined on a consolidated basis for the Company and the Company's Restricted ’s Subsidiaries) whether as an entirety or substantially as an entirety to any Person unless:
Appears in 1 contract
Samples: Indenture (Thornburg Mortgage Inc)