Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1) consolidate or merge with or into any other Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2) effect a Plan of Liquidation unless, in either case:
Appears in 6 contracts
Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Indenture (Alere Inc.)
Mergers, Consolidations, Etc. (a) The Issuer will shall not, directly or indirectly, in a single transaction or a series of related transactions, (1a) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary an Affiliate solely for the purpose of and with the effect of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2b) effect adopt a Plan of Liquidation unless, in either case:
Appears in 3 contracts
Samples: Indenture (Matrix Geophysical, Inc.), Indenture (Seitel Inc), Seitel Inc
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1i) consolidate or merge with or into any other Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2ii) effect adopt a Plan of Liquidation unless, in either case:
Appears in 2 contracts
Samples: Indenture (Norcraft Capital Corp.), Indenture (Norcraft Holdings, L.P.)
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1a) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary an Affiliate solely for the purpose of and with the effect of changing the Issuer’s name or jurisdiction of incorporation to another State of the United StatesStates or forming a holding company for the Issuer), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2b) effect adopt a Plan of Liquidation unless, in either case:
Appears in 2 contracts
Samples: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, transactions (1) consolidate or merge with or into any other Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2) effect a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Alere Inc.
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1a) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary an Affiliate solely for the purpose of and with the effect of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2b) effect adopt a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Seitel Inc
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1i) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2ii) effect adopt a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Cpi Holdco Inc
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1i) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or 's jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2ii) effect adopt a Plan of Liquidation unless, in either case:
Appears in 1 contract
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1i) consolidate or merge with or into any other Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or 's jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2ii) effect adopt a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Norcraft Companies Lp
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1a) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary an Affiliate solely for the purpose of and with the effect of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2b) effect adopt a Plan of Liquidation unless, in either case:
Appears in 1 contract
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1) consolidate or merge with or into any other another Person (other than a merger with a Wholly-Owned Restricted Subsidiary an Affiliate solely for the purpose of and with the effect of changing the Issuer’s name or jurisdiction of incorporation to another State of the United StatesStates or forming a holding company for the Issuer), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2) effect a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Ply Gem Holdings Inc
Mergers, Consolidations, Etc. (a) The Issuer will not, directly or indirectly, in a single transaction or a series of related transactions, (1) consolidate or merge with or into any other Person (other than a merger with a Wholly-Owned Restricted Subsidiary solely for the purpose of changing the Issuer’s name or jurisdiction of incorporation to another State of the United States), or sell, lease, transfer, convey or otherwise dispose of or assign all or substantially all of the assets of the Issuer or the Issuer and the Restricted Subsidiaries (taken as a whole) to any other Person or (2) effect a Plan of Liquidation unless, in either case:
Appears in 1 contract
Samples: Ninth Supplemental Indenture (Inverness Medical Innovations Inc)