Common use of Mergers Clause in Contracts

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.

Appears in 42 contracts

Samples: Trust Agreement (Virginia Electric & Power Co), Trust Agreement (Dominion Resources Capital Trust Iv), Trust Agreement (Us Bancorp \De\)

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Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in this Section 3.15(b2.14(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I.

Appears in 9 contracts

Samples: Coast Bancorp/Ca, First Community Bancorp /Ca/, First Community Bancorp /Ca/

Mergers. (a) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to to, any Person, except for the sole purpose of changing its domicile and as described set forth in Section 3.15(b3.14(b) and (c) or Section 8.2).

Appears in 8 contracts

Samples: Trust Agreement (Detroit Edison Trust I), Trust Agreement (Dte Energy Co), Trust Agreement (Apache Corp)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 8 contracts

Samples: Trust Agreement, Securities Purchase and Exchange Agreement, Trust Agreement (Allstate Financing X)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b2.15(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I.

Appears in 7 contracts

Samples: Subscription Agreement (Four Oaks Fincorp Inc), First Banks, Inc, SCBT Financial Corp

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of Debentures to Holders pursuant to Section 8.28.1(a)(iii).

Appears in 7 contracts

Samples: Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust Vi), Trust Agreement (Webster Capital Trust VII)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other entity, except as described in Section 3.15(b) and (c) or Section 8.2hereof.

Appears in 7 contracts

Samples: Trust Agreement (Deutsche Bank Contingent Capital LLC V), Trust Agreement (Deutsche Bank Capital Funding Trust VIII), Trust Agreement (Deutsche Bank Capital Funding LLC IX)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of all Debentures to Holders of Securities pursuant to Section 8.28.1(a)(iii).

Appears in 6 contracts

Samples: Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc), Trust Agreement (Hercules Inc)

Mergers. (a) The Trust may not merge or convert with or into, consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 5 contracts

Samples: Trust Agreement (ServisFirst Bancshares, Inc.), Trust Agreement (ServisFirst Bancshares, Inc.), Trust Indenture Trust Agreement (New South Capital Trust I)

Mergers. (aii) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) 3.12(b), and (c) except that the Trust may distribute its assets to the Holders or Section 8.2to such persons as the Holders may direct upon liquidation of the Trust in accordance herewith.

Appears in 4 contracts

Samples: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, by or convey, transfer or lease its properties and assets substantially as an entirety to any Personperson, except as described in Section 3.15(b) and (c) or Section 8.2.

Appears in 4 contracts

Samples: Trust Agreement (Fonovisa Inc), Trust Agreement (Disney Capital Trust Iii), Trust Agreement (Omnicom Capital Trust Iii)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 3 contracts

Samples: Merrill Lynch Preferred Capital Trust Iv, Nuevo Energy Co, Bay View Capital Corp

Mergers. (a) The Trust may not consolidate, convert, amalgamate, or merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to to, any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 3 contracts

Samples: Trust Agreement (Abn Amro Holding N V), Trust Agreement (Abn Amro Bank Nv), Trust Agreement (Abn Amro Bank Nv)

Mergers. (a) The Trust may not consolidate, amalgamate, merge or convert with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) 3.12(b), and (c) except that the Trust may distribute its assets to the Holders or Section 8.2to such persons as the Holders may direct upon liquidation of the Trust in accordance herewith.

Appears in 3 contracts

Samples: Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC), Trust Agreement (MACRO Securities Depositor, LLC)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 3 contracts

Samples: Trust Agreement (Agl Capital Trust Iii), Trust Agreement (Agl Capital Trust Ii), Mainstreet Bankgroup Inc

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 2 contracts

Samples: Progress Capital Trust I, Ml Bancorp Inc

Mergers. (a) The Trust may not merge or convert with or into, consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2).

Appears in 2 contracts

Samples: Trust Agreement (Waccamaw Bankshares Inc), Trust Agreement (Nexity Financial Corp)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) or Section 8.29.2(a).

Appears in 2 contracts

Samples: Trust Agreement (Hei Preferred Funding L P), Trust Agreement (Hawaiian Electric Industries Inc)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) and except with respect to the distribution of Debentures to Holders pursuant to Section 8.1(a)(iii) of this Trust Agreement or Section 8.2.3 of Annex I.

Appears in 2 contracts

Samples: Trust Agreement (CNBF Capital Trust I), Trust Agreement (Greater Bay Bancorp)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to to, any Person, except as described in Section 3.15(b) and (c) or Section 8.29.02.

Appears in 2 contracts

Samples: Trust Agreement (Texas Utilities Co /Tx/), Trust Agreement (Txu Europe Funding I L P)

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Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert to, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or and except with respect to the distribution of all Debentures to Holders of Securities pursuant to Section 8.28.1(a)(iii).

Appears in 2 contracts

Samples: Trust Agreement (Radio One Licenses LLC), Trust Agreement (Cox Trust Ii)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.. Exhibit (4)(t)

Appears in 1 contract

Samples: Trust Agreement (Weyerhaeuser Co)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(bSections 2.15(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.3 of Annex I.

Appears in 1 contract

Samples: Tower Group, Inc.

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.substantially

Appears in 1 contract

Samples: Trust Agreement (Acs Trust I)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section compliance with the provisions of Sections 3.15(b) and (c) or Section 8.2).

Appears in 1 contract

Samples: Exchange Agreement (Insignia Financial Group Inc /De/)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c3.15(c) and except with respect to the distribution of all Senior Notes to Holders of Securities pursuant to Section 8.01(a)(iii) or Section 8.2.4 of Annex I.

Appears in 1 contract

Samples: Trust Agreement (Mutual Risk Management LTD)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b2.14(b) and (c) and except in connection with the liquidation of the Trust and the distribution of the Debentures to Holders of Securities pursuant to Section 7.1(a)(iv) of the Declaration or Section 8.2.4 of Annex I. Center Bancorp, Inc./Amended and Restated Declaration of Trust/Floating Rate

Appears in 1 contract

Samples: Center Bancorp Inc

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other body, except as described in Section 3.15(b) and (c) ), and Section 8.1 hereof or Section 8.24 of Annex I hereto.

Appears in 1 contract

Samples: Trust Agreement (Municipal Mortgage & Equity LLC)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Personcorporation or other entity or person, except as described in Section 3.15(b) and (c) or Section 8.23.15(c).

Appears in 1 contract

Samples: Ohio Casualty Corp

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) or Section 8.2.. Exhibit (4)(s)

Appears in 1 contract

Samples: Trust Agreement (Weyerhaeuser Co)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, consolidate, amalgamate or be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, except as described in Section 3.15(b) and (c) of this Declaration or Section 8.2.Sections 3 and 4 of Annex I.

Appears in 1 contract

Samples: Sandy Spring Capital Trust I

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate, amalgamate, or be replaced by, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, except as described in Section 3.15(b) and (c3.15(c) and except with respect to the distribution of all Subordinated Notes to Holders of Securities pursuant to Section 8.01(a)(iii) or Section 8.2.4 of Annex I.

Appears in 1 contract

Samples: Trust Agreement (Hercules Inc)

Mergers. (a) The Trust may not consolidate, amalgamate, merge with or into, convert into, consolidate or amalgamate with, be replaced by, or convey, transfer or lease its properties and assets substantially as an entirety to to, any Person, except as described in Section 3.15(b) and (c) or of this Trust Agreement and Section 8.2.3 of Annex I.

Appears in 1 contract

Samples: Trust Agreement (Newfield Exploration Co /De/)

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