Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 119 contracts
Samples: Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement, Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person, provided that the foregoing restriction does not apply to the consolidation or merger of the Company with, or the conveyance, transfer or lease of all or substantially all of the assets of the Company in a single transaction or series of transactions to, any Person unlessso long as:
Appears in 9 contracts
Samples: Sixteenth Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp), Supplemental Indenture (New Jersey Resources Corp)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 8 contracts
Samples: Private Shelf Agreement (Wausau Paper Corp.), Note Agreement (Wausau Paper Corp.), Uil Holdings Corp
Merger, Consolidation, Etc. The (a) Except as might otherwise be permitted under Section 10.7, the Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 6 contracts
Samples: Private Shelf Agreement (Henry Schein Inc), Master Note Purchase Agreement, Master Note Purchase Agreement (Henry Schein Inc)
Merger, Consolidation, Etc. The Company will not, and will not permit any of its Subsidiaries to, consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unlessPerson; provided that:
Appears in 6 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), South Jersey Industries Inc
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:except that the Company may consolidate with or merge with any other corporation or convey or transfer all or substantially all of its assets to a corporation or limited liability company organized and existing under the laws of the United States or any State thereof, provided that
Appears in 5 contracts
Samples: Note Purchase Agreement (Ametek Inc/), Ametek (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer transfer, sell or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unlessexcept that the Company may consolidate or merge with any other Person or convey, transfer, sell or lease all or substantially all of its assets in a single transaction or series of transactions to any Person, provided that:
Appears in 4 contracts
Samples: Note Purchase Agreement (Cabot Oil & Gas Corp), Master Note Purchase Agreement (Idex Corp /De/), Note Purchase Agreement (Cabot Oil & Gas Corp)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with into any other Person entity or convey, convey or transfer or lease all or substantially all of its properties and assets in a single transaction or series of transactions as an entirety to any Person person, unless:
Appears in 4 contracts
Samples: Issuing and Paying Agency Agreement (Enable Midstream Partners, LP), Issuing and Paying Agency Agreement (Enable Midstream Partners, LP), Issuing and Paying Agency Agreement (Oge Energy Corp.)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or sell, convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 3 contracts
Samples: Note Purchase Agreement (Piper Jaffray Companies), Existing Note Purchase Agreement (Piper Jaffray Companies), Piper Jaffray Companies
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 3 contracts
Samples: Note Exchange Agreement (Mail Com Inc), Note Purchase Agreement (Diamond Foods Inc), Note Exchange Agreement (Mail Com Inc)
Merger, Consolidation, Etc. The Company will not and will not permit any Subsidiary to consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 3 contracts
Samples: Note Purchase Agreement (Associated Estates Realty Corp), Gas Natural Inc., Associated Estates Realty Corp
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 3 contracts
Samples: Secured Promissory Note and Warrant Purchase Agreement (Stratos Renewables CORP), Note Purchase Agreement (Labranche & Co Inc), Note Purchase Agreement (Labranche & Co Inc)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 2 contracts
Samples: Project Power Purchase Agreement (Ormat Technologies, Inc.), Note Purchase Agreement (Board of Trade of the City of Chicago Inc)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with or into any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of related transactions to any Person unless:
Appears in 2 contracts
Samples: Note Agreement (Primerica, Inc.), Note Agreement (Primerica, Inc.)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all its properties or assets substantially all of its assets in a single transaction or series of transactions as an entirety to any Person unless:
Appears in 2 contracts
Samples: Note Purchase Agreement (WGL Holdings Inc), Washington Gas Light Co
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer transfer, sell or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:except that the Company may consolidate or merge with any other Person or convey, transfer, sell or lease all or substantially all of its assets in a single transaction or series of transactions to any Person, provided that
Appears in 2 contracts
Samples: Master Note Purchase Agreement (Perrigo Co), Master Note Purchase Agreement (Ultra Petroleum Corp)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person corporation, except mergers and consolidations of a Subsidiary into the Company (with the Company as the surviving entity), or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 2 contracts
Samples: Note Purchase Agreement (Golden State Water CO), Note Purchase Agreement (Southern California Water Co)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:: Table of Contents
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of related transactions to any Person unless:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:: ‑24‑
Appears in 1 contract
Samples: Guaranty Agreement (Ugi Corp /Pa/)
Merger, Consolidation, Etc. The Except in the event of a Corporate Reorganization permitted by Section 24, the Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 1 contract
Samples: Guaranty Agreement (Otter Tail Corp)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:unless (a) the Company is the survivor, or (b) the surviving Person assumes all obligations of the Company under this Agreement.
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with and will not permit any of its Subsidiaries to consolidate, amalgamate or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unlessexcept:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets (other than Treasury Stock) in a single transaction or series of transactions to any Person (any such consolidation, merger, conveyance, transfer or lease being a “Merger Event”) unless:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person (any such consolidation, merger, conveyance, transfer or lease being a “Merger Event”) unless:
Appears in 1 contract
Samples: Note Purchase Agreement (Ecolab Inc)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person (except that a Subsidiary of the Company may: (x) consolidate with or merge with, or convey, transfer or lease substantially all of its assets in a single transaction or series of transactions to the Company or another Subsidiary of the Company; and (y) convey, transfer or lease all of its assets in compliance with the provisions of Section 10.6) unless:
Appears in 1 contract
Samples: Sigma (Sigma Aldrich Corp)
Merger, Consolidation, Etc. The Company will not consolidate with consolidate, divide or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 1 contract
Merger, Consolidation, Etc. (a) The Company will shall not consolidate with or merge with any other Person corporation or sell, convey, transfer assign, transfer, lease or lease otherwise dispose of all or substantially all of the assets of the Company and its assets Restricted Subsidiaries in a single transaction or series of transactions to any Person or Persons unless:
Appears in 1 contract
Merger, Consolidation, Etc. (a) The Company will shall not consolidate with or merge with any other Person corporation (other than a Wholly-Owned Restricted Subsidiary) or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person (other than a Wholly-Owned Restricted Subsidiary) unless:
Appears in 1 contract
Samples: Note Purchase Agreement (Globe Business Resources Inc)
Merger, Consolidation, Etc. (a) The Company will not consolidate with or merge with any other Person or into, or sell, lease, convey, assign, transfer or lease otherwise dispose of all or substantially all of its assets in a single transaction or series of transactions to to, any Person Person, unless:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not not, in any transaction or series of related transactions, consolidate with or merge with into any other Person or conveysell, transfer assign, transfer, lease or lease otherwise convey all or substantially all of its properties and assets in a single transaction or series of transactions to any Person Person, unless:
Appears in 1 contract
Merger, Consolidation, Etc. The Company will not consolidate with or merge be a party to a merger with any other Person corporation or convey, transfer or lease sell all or substantially all of its assets directly or indirectly in one or a single transaction or series of transactions to transactions; provided, however, that the Company may consolidate or merge with any Person unlessother corporation if:
Appears in 1 contract
Samples: Note Agreement (Allied Holdings Inc)
Merger, Consolidation, Etc. (a) The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 1 contract
Samples: Note Purchase Agreement (John Bean Technologies CORP)
Merger, Consolidation, Etc. (a) The Company will shall not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:
Appears in 1 contract
Samples: Stock Sale and Note Purchase Agreement (Cascade Microtech Inc)
Merger, Consolidation, Etc. The Company will shall not consolidate with or merge with any other Person corporation or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:Person.
Appears in 1 contract
Samples: Floor Plan Credit Agreement (Lazy Days R.V. Center, Inc.)
Merger, Consolidation, Etc. The Company will not consolidate with or merge with or into any other Person Person, or conveytransfer (by lease, transfer assignment, sale, or lease otherwise) all or substantially all of its properties and assets in a single transaction or series of transactions to any another Person unless:
Appears in 1 contract
Samples: Dana Corp
Merger, Consolidation, Etc. The Company will not consolidate with or merge with any other Person or convey, transfer or lease all or substantially all of its assets in a single transaction or series of transactions to any Person unless:: (a) the successor formed by such consolidation or the survivor of such merger or the Person that acquires by conveyance, transfer or lease all or substantially all of the assets of the Company as an entirety, as the case may be, shall be a solvent corporation or limited liability company organized and existing under the laws of the United States or any
Appears in 1 contract