Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 29 contracts
Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.), Sixth Supplemental Indenture (Omnicare Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 25 contracts
Samples: Mortgage, Security Agreement (Titan International Inc), Indenture (H&E Equipment Services, Inc.), Escrow Agreement (Itron Inc /Wa/)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 20 contracts
Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc), Syniverse Technologies Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 17 contracts
Samples: Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/), Indenture (Bell Powersports, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); Person, or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; Person unless:
Appears in 13 contracts
Samples: Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp), Supplemental Indenture (BALL Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); survivor) or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; , unless:
Appears in 11 contracts
Samples: Indenture (Civitas Resources, Inc.), Supplemental Indenture (Civitas Resources, Inc.), Indenture (Civitas Resources, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 10 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Coeur Mining, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 10 contracts
Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)
Merger, Consolidation or Sale of Assets. The Company (a) Neither Parent nor the Borrower (whichever is applicable, the “Subject Company”) shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Subject Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 10 contracts
Samples: Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.), Credit and Guaranty Agreement (American Airlines, Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 10 contracts
Samples: Indenture (Calpine Corp), Supplemental Indenture (Calpine Corp), Indenture (Calpine Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 10 contracts
Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (Toreador Resources Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 9 contracts
Samples: Indenture (Fairpoint Communications Inc), Caleres Inc, Indenture (Brown Shoe Co Inc)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 9 contracts
Samples: Indenture (Energy XXI LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, transactions to another Person; Person unless:
Appears in 9 contracts
Samples: Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) , consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); convey, transfer or (2) sell, assign, transfer, convey or otherwise dispose of lease all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more a series of related transactionstransactions to, to another any Person; , unless:
Appears in 9 contracts
Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 9 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Supplemental Indenture (Iridium Communications Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: , (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; , unless:
Appears in 9 contracts
Samples: Sixth Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp), Fifth Supplemental Indenture (Whiting Petroleum Corp)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person unless:
Appears in 9 contracts
Samples: Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly not consolidate or indirectly: (1) consolidate combine with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assignassign (excluding any assignment solely as collateral for security purposes under a credit facility but not any outright assignment upon the foreclosure of any such collateral), transferconvey, convey lease, transfer or otherwise dispose of all or substantially all of the properties its assets to any Person or assets Persons in a single transaction or through a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 9 contracts
Samples: Indenture (Cowen Group, Inc.), Indenture (Ross Stores Inc), Indenture (Ross Stores Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person any person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 9 contracts
Samples: Indenture (Angeion Corp/Mn), Indenture (HMT Technology Corp), Indenture (Tel Save Holdings Inc)
Merger, Consolidation or Sale of Assets. The Company (a) Neither Parent nor the Borrower (whichever is applicable, the “Subject Company”) shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the such Subject Company is the surviving corporation); ) or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Subject Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 8 contracts
Samples: Term Loan Credit and Guaranty Agreement (United Airlines, Inc.), Revolving Credit and Guaranty Agreement (United Airlines, Inc.), Revolving Credit and Guaranty Agreement (United Airlines, Inc.)
Merger, Consolidation or Sale of Assets. The Unless otherwise specified as contemplated by Section 2.03(a) hereof, the Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 8 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, Inc.
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1x) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2y) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Subsidiaries which are Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 8 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another PersonPerson or Persons; unless:
Appears in 7 contracts
Samples: Indenture (Science Craftsman INC), Indenture (Landrys Restaurants Inc), Indenture (Landrys Restaurants Inc)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate consolidate, amalgamate or merge with or into another Person (whether or not the Company is the surviving corporation), convert into another form of entity or continue in another jurisdiction; or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; , unless:
Appears in 7 contracts
Samples: Indenture (Mariner Gulf of Mexico LLC), Indenture (Mariner Energy Inc), Indenture (Mariner Gulf of Mexico LLC)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person any person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 7 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease or convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeto, or merge with or into, in one transaction or more a series of related transactions, to another any other Person; , unless:
Appears in 7 contracts
Samples: Tapestry, Inc., Tapestry, Inc., Tapestry, Inc.
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate consolidate, amalgamate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 7 contracts
Samples: Sixteenth Supplemental Indenture (Bausch Health Companies Inc.), Fifteenth Supplemental Indenture (Bausch Health Companies Inc.), Sixteenth Supplemental Indenture (Bausch Health Companies Inc.)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation)Person) or continue in another jurisdiction; or (2ii) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a wholeCompany, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.), Indenture (DENVER PARENT Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 6 contracts
Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties Company’s assets whether as an entirety or assets of the Company and its Restricted Subsidiaries taken substantially as a whole, in one or more related transactions, an entirety to another Person; any Person unless:
Appears in 6 contracts
Samples: Indenture (Tetralogic Pharmaceuticals Corp), Equinix Inc, Equinix Inc
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Sensata Technologies Holding PLC
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding N.V.), Indenture (Sensata Technologies B.V.)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly, in one or more related transactions: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 6 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) directly or indirectly sell, assign, lease, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Indenture (T-Mobile US, Inc.), Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Newmarket Corp), Indenture (Metaldyne Corp), Agreement and Plan of Merger (Metaldyne Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); , or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 6 contracts
Samples: Supplemental Indenture (Callon Petroleum Co), Supplemental Indenture (Callon Petroleum Co), Intercreditor Agreement (Callon Petroleum Co)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 6 contracts
Samples: Indenture (Vistra Corp.), Indenture (Vistra Corp.), Supplemental Indenture (Vistra Energy Corp.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate with or merge with or into another any other Person (whether or not in a transaction in which the Company is not the surviving corporation); corporation or (2) sellconvey, assign, transfer, convey transfer or otherwise dispose of all or substantially all of lease the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a wholean entirety to any successor Person, in one or more related transactions, to another Person; unless:
Appears in 5 contracts
Samples: Ciena Corp, Ciena Corp, Indenture (Ciena Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Indenture (Lonestar Resources US Inc.), Supplemental Indenture (IASIS Healthcare LLC), Indenture (CNL Lifestyle Properties Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; unless:
Appears in 5 contracts
Samples: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute), Indenture (Dominos Pizza Government Services Division Inc), Dominos Inc
Merger, Consolidation or Sale of Assets. (A) The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Endo International PLC), Indenture (Endo International PLC), Indenture (Endo International PLC)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, or not the Company is the surviving corporation); or (2) 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 properties or Company’s assets of (determined on a consolidated basis for the Company and its the Company’s Restricted Subsidiaries taken as a whole, in one or more related transactions, Subsidiaries) to another Person; any Person unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC)
Merger, Consolidation or Sale of Assets. The Company shall not, directly not consolidate or indirectly: (1) consolidate combine with or merge with or into another Person (whether or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transferconvey, convey lease, transfer or otherwise dispose of all or substantially all of the properties its assets to any Person or assets Persons in a single transaction or through a series of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 5 contracts
Samples: Indenture (Computer Sciences Corp), Indenture (Dr Pepper Snapple Group, Inc.), Computer Sciences Corp
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with, enter into a binding share exchange with, or merge with or into into, another Person (whether or not the Company is the surviving corporation); Person, or (2) sell, assign, convey, transfer, convey lease or otherwise dispose of all or substantially all of the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a whole, in one or more related transactions, an entirety to another Person; , unless:
Appears in 5 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Trinity Place Holdings Inc.
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate with or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) directly or indirectly, sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC), Supplemental Indenture (Endo International PLC)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate consolidate, merge or merge reorganize with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person or consummate a Division as the Dividing Person (whether or not the Company is the surviving corporationPerson); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 5 contracts
Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Indenture (Park Ohio Holdings Corp), Supplemental Indenture (Park Ohio Holdings Corp), Park Ohio Industries Inc/Oh
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: Definitions And (Mail Well Inc), Indenture (Mail Well Inc), Mail Well Inc
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1x) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); ) or (2y) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Indenture (A. M. Castle & Co.), Indenture (Total Plastics, Inc.), Indenture (Castle a M & Co)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Supplemental Indenture (Viasystems Group Inc), Indenture (Real Mex Restaurants, Inc.), Monitoring and Oversight Agreement (Viasystems Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: , (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Alon Refining Krotz (Alon Refining Krotz Springs, Inc.), Intercreditor Agreement (CPM Holdings, Inc.), Alon Refining Krotz (Alon USA Energy, Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall notwill not in a single transaction or series of related transactions, directly or indirectly: (1) consolidate or merge with or into another any Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of (or cause or permit any Subsidiary of the Company to sell, assign, transfer, lease, convey or otherwise dispose of) all or substantially all of the properties or Company’s assets of (determined on a consolidated basis) for the Company and its Restricted Subsidiaries taken Subsidiaries, whether as a whole, in one an entirety or more related transactionssubstantially as an entirety, to another Person; any Person unless:
Appears in 4 contracts
Samples: Indenture (Stericycle Inc), Indenture (Carters Inc), Indenture (Stericycle Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) a series of related transactions, consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of transfer all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a wholeto, in one or more related transactionsany Person, to another Person; unless:
Appears in 4 contracts
Samples: Supplemental Indenture (General Nutrition International Inc), Second Supplemental Indenture (General Nutrition International Inc), General Nutrition Companies Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: Indenture (Elizabeth Arden Inc), Indenture (National Waterworks Inc), Indenture (Jordan Industries Inc)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets (such amounts to be computed on a consolidated basis) of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Supplemental Indenture (B&G Foods, Inc.), Supplemental Indenture (B&G Foods, Inc.), Third Supplemental Indenture (B&G Foods, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose Dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Indenture (Appvion, Inc.), Supplemental Indenture (Appleton Papers Inc/Wi), Appleton Papers Inc/Wi
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: VWR Corp, Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly, in one or more related transactions: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: Supplemental Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; entity unless:
Appears in 4 contracts
Samples: Indenture (Star Gas Partners Lp), Indenture (Star Gas Finance Co), Indenture (Star Gas Partners Lp)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) , consolidate or merge with or into another any other Person (whether or not in a transaction in which the Company is not the surviving corporation); corporation or (2) sellconvey, assign, transfer, convey transfer or otherwise dispose of all or substantially all of lease the properties or and assets of the Company and its Restricted Subsidiaries taken substantially as a wholean entirety to any successor Person, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: Indenture (Ciena Corp), Change Stock (Ciena Corp), Stillwater Mining Company (Stillwater Mining Co /De/)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 4 contracts
Samples: Indenture (Fort James Corp), Exchange and Registration Rights Agreement (Georgia Pacific Corp), Georgia Pacific Corp
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 4 contracts
Samples: Intercreditor Agreement (KCG Holdings, Inc.), Second Supplemental Indenture (AAC Group Holding Corp.), Carmike Cinemas Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) will not consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assignconvey, transfer, convey transfer or otherwise dispose of lease all or substantially all of the properties or its assets of (determined on a consolidated basis for the Company and its Restricted Subsidiaries taken as a wholeSubsidiaries) to, in one or more related transactionsany Person, to another Person; unless:
Appears in 3 contracts
Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Urban One, Inc.), Indenture (Radio One, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Illinois Power Generating Co), Aaipharma Inc, Longview Fibre Co
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Harland Clarke Holdings Corp, Harland Clarke Holdings Corp, Indenture (Harland Financial Solutions, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/, Charter Communications Inc /Mo/
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) directly or indirectly sell, assign, lease, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: , (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries Subsidiaries, taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)
Merger, Consolidation or Sale of Assets. (a) The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation)Person; or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Unisys Corp, Unisys Corp, Unisys Corp
Merger, Consolidation or Sale of Assets. (a) The Company shall not, will not directly or indirectly: indirectly (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); Person) or (2ii) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, whole in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Note Issuance Facility Agreement (Atlantica Sustainable Infrastructure PLC), Agreement (Atlantica Yield PLC), Agreement (Atlantica Yield PLC)
Merger, Consolidation or Sale of Assets. (a) The Company shall notnot (x) consolidate, directly or indirectly: (1) consolidate amalgamate or merge with or into another Person (regardless of whether or not the Company is the surviving corporationentity); , or (2y) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Cenveo, Inc, Cenveo, Inc
Merger, Consolidation or Sale of Assets. The Following the Non-Cash Pay Period, the Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: , (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; , unless:
Appears in 3 contracts
Samples: Second Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), Supplemental Indenture (Whiting Petroleum Corp)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) will not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; Person unless:
Appears in 3 contracts
Samples: Indenture (Mueller Holdings (N.A.), Inc.), Indenture (Mueller Holdings (N.A.), Inc.), Mueller Holdings (N.A.), Inc.
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); or (2ii) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Cenveo, Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person (whether into, or not the Company is the surviving corporation); or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactionstransactions to, to another Person; corporation, person or entity unless:
Appears in 3 contracts
Samples: Registration Rights Agreement (P Com Inc), Indenture (Midcom Communications Inc), P Com Inc
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) series of related transactions, consolidate or merge with or into another Person (whether any Person, or not the Company is the surviving corporation); or (2) 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 or assets of (determined on a consolidated basis for the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, Subsidiaries) to another Person; any Person unless:
Appears in 3 contracts
Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Central Garden & Pet Co, Central Garden & Pet Co
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Unifi Inc), K&f Industries Inc, Payless Shoesource Inc /De/
Merger, Consolidation or Sale of Assets. The Company shall not, directly in a single transaction or indirectly: (1) through a series of related transactions, consolidate or merge with or into another Person (whether any other Person, or, directly or not the Company is the surviving corporation); indirectly, sell or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties its assets to another Person or assets group of affiliated Persons, except that the Company and may consolidate or merge with, or sell or convey substantially all of its Restricted Subsidiaries taken as a whole, in one or more related transactions, assets to another Person; unlessPerson if:
Appears in 3 contracts
Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Eighth Supplemental Indenture (United States Steel Corp)
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1i) consolidate or merge with or into another Person (whether or not the Company is the surviving corporationPerson); or (2ii) sell, assign, transfer, convey convey, lease or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a wholeassets, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Oasis Petroleum Inc.), Supplemental Indenture (Oasis Midstream Partners LP), Indenture (Rattler Midstream Lp)
Merger, Consolidation or Sale of Assets. The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Multiband Field Services Inc), Supplemental Indenture (Emmis Operating Co), Indenture (Iwo Holdings Inc)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporationentity); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, transactions to another Person; corporation, Person or entity unless:
Appears in 3 contracts
Samples: Senior Note Indenture (Intermedia Communications Inc), Indenture (Concord Camera Corp), Indenture (MGC Communications Inc)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) not consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; Person unless:
Appears in 3 contracts
Samples: Integrated Alarm Services (Integrated Alarm Services Group Inc), Third Supplemental Indenture (Monitronics International Inc), Monitronics International Inc
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) may not consolidate or merge with or into another Person any person (whether or not the Company is the surviving corporation); or (2) corporation),or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Talk America), Indenture (Talk America), Talk America
Merger, Consolidation or Sale of Assets. The Unless otherwise provided in respect of a series of Notes, the Company shall will not, directly or indirectly: (1) , consolidate with or merge with or into another Person (whether into, or not the Company is the surviving corporation); convey, transfer or (2) sell, assign, transfer, convey or otherwise dispose of lease all or substantially all of the properties or its assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more a series of related transactionstransactions to, to another any Person; , unless:
Appears in 3 contracts
Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly in a single transaction or indirectly: (1) through a series of related transactions, consolidate or merge with or into another Person (whether any other Person, or, directly or not the Company is the surviving corporation); or (2) indirectly, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the its properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , or permit any Person to merge with or into it, unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Autonation, Inc.), Supplemental Indenture (Autonation, Inc.), Supplemental Indenture (Autonation, Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1i) consolidate or merge with or into another Person Person; (whether or not the Company is the surviving corporation); or (2ii) sell, assignconvey, transfer, convey transfer or otherwise dispose of all or substantially all of the properties its assets as an entirety or assets of the Company and its Restricted Subsidiaries taken as a wholesubstantially an entirety, in one transaction or more a series of related transactions, to another any Person; or (iii) permit any Person to merge with or into the Company, unless:
Appears in 3 contracts
Samples: Supplemental Indenture (Hc2 Holdings, Inc.), Hc2 Holdings, Inc., Indenture (HC2 Holdings, Inc.)
Merger, Consolidation or Sale of Assets. (a) The Company shall not, directly or indirectly: (1) merge, amalgamate or consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)
Merger, Consolidation or Sale of Assets. The Company shall not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, lease, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Notes Indenture (Hillman Companies Inc), Indenture (Hillman Companies Inc), Indenture (Horizon Personal Communications Inc)
Merger, Consolidation or Sale of Assets. The Company covenants and agrees for the benefit of the Holders of each Series of Securities that it shall not, directly or indirectly: (1i) consolidate or merge with or into another Person person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; person, unless:
Appears in 3 contracts
Samples: Third Supplemental Indenture (B&G Foods, Inc.), Visteon European Holdings, Inc., Neo Freehold-Gen LLC
Merger, Consolidation or Sale of Assets. The Company shall may not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); or (2) sell, assign, transfer, convey convey, lease (other than to an unaffiliated operator in the ordinary course of business) or otherwise dispose of all or substantially all of the properties or assets of the Company and its Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; unless:
Appears in 3 contracts
Samples: Indenture (Ventas Inc), Ventas Realty Limited Partnership, Ventas Realty Limited Partnership
Merger, Consolidation or Sale of Assets. (a) The Company shall will not, directly or indirectly: (1) consolidate or merge with or into another Person (whether or not the Company is the surviving corporation); , or (2) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the properties or and assets of the Company and its the Restricted Subsidiaries taken as a whole, in one or more related transactions, to another Person; , unless:
Appears in 3 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture, Indenture (Cogent Communications Group Inc)