No Consolidation. Each Lender hereby covenants and agrees that, to the extent that any bankruptcy, reorganization, insolvency or liquidation proceedings, or other proceedings under the Bankruptcy Code or any other Debtor Relief Laws (a “Bankruptcy Action”) is instituted or commenced against any Credit Party (other than the Borrower) as debtor (the “Debtor”), if such Lender is a creditor of the Debtor, such Lender shall not seek or consent to the consolidation of the Borrower with the Debtor with respect to such Bankruptcy Action.
No Consolidation. Unless the Parties otherwise agree, no dispute, controversy or claim hereunder shall be consolidated with any other arbitration proceeding involving any third party.
No Consolidation. The Borrower shall not consolidate or merge with or into any other Person or, other than the security interest Granted to the Collateral Agent pursuant to this Agreement and the other Transaction Documents, convey or transfer its properties and assets substantially as an entirety to any Person.
No Consolidation. (a) The Issuer shall not consolidate or merge with or into any other Person or, other than the security interest Granted to the Trustee pursuant to this Indenture, convey or transfer its properties and assets substantially as an entirety to any Person.
No Consolidation. It is the intent of both parties that they will only apply for dispute resolution under this Section 12 in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, or in a private attorney general capacity. Accordingly, the arbitrator is not empowered to consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
No Consolidation. 8.1 The Company agrees that it will not undertake any reverse splits or consolidations of its issued, outstanding or authorized common stock for a period of 3 months from the date of this Agreement.
No Consolidation. F.Y.I. will, and (except with respect to clause (a) succeeding which shall not be applicable to Subsidiaries of F.Y.I.) will cause each of its Subsidiaries to:
(a) with respect to F.Y.I. only, provide that, at all times, at least one (1) member of its board of directors or at least one (1) of its officers will be a Person who is not an officer, director or employee of any Affiliate of F.Y.I. or any other Subsidiary;
(b) maintain corporate records and books of account separate from those of any corporation which is an Affiliate of F.Y.I. and separate from those of any Subsidiary of F.Y.I.;
(c) not commingle its funds or assets with those of any corporation which is an Affiliate of F.Y.I. or with those of any Subsidiary of F.Y.I.; and
(d) provide that its board of directors will hold all appropriate meetings to authorize and approve such Person's corporate actions.
No Consolidation. (a) The Indenture Trustee covenants and agrees that it will not seek, through any proceeding, suit or action of any nature whatsoever or otherwise, the consolidation, financial or otherwise, of ABS 2009 with any other Person.
(b) The provisions of this Section 20 shall be continuing and shall survive any termination of this Agreement.
No Consolidation. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
No Consolidation. Any arbitration or other proceeding related to a dispute arising under this Agreement shall be conducted solely between the Parties. Neither Party shall request, nor consent to any request, that their dispute be joined or consolidated for any purpose, including without limitation any class action or similar procedural device, with any other proceeding between such Party and any third party.
