on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 14 contracts
Samples: Indenture (Metaldyne Corp), Supplemental Indenture (Cca Properties of America LLC), Indenture (Barneys New York Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 9 contracts
Samples: Indenture (Ames True Temper, Inc.), Indenture (Ames True Temper, Inc.), Indenture (Rainbow Media Enterprises, Inc.)
on Certain Terms. Except as otherwise provided in Section 10.0511.06 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 7 contracts
Samples: Indenture (Stanadyne Corp), Indenture (Carmike Cinemas Inc), Indenture (Wire Harness Industries Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.06, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 7 contracts
Samples: First Supplemental Indenture (Jarden Corp), Indenture (Metaldyne Corp), Indenture (Metaldyne Corp)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 7 contracts
Samples: Indenture (Monitronics International Inc), Third Supplemental Indenture (Gaylord Entertainment Co /De), Second Supplemental Indenture (Gaylord Entertainment Co /De)
on Certain Terms. Except as otherwise provided in Section 10.0511.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 4 contracts
Samples: Indenture (Trimas Corp), Indenture (Icon Health & Fitness Inc), Indenture (Block Communications Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no No Guarantor may sell or otherwise dispose of all or substantially all of its assets to, merge or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person), sell, assign, convey, transfer, lease or otherwise dispose of all or substantially all of its properties and assets, as an entirety, to any Person or Persons, other than the Company or another Guarantor, unless:
Appears in 4 contracts
Samples: Indenture (Interface Inc), Indenture (Interface Inc), Supplemental Indenture (Interface Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no No Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 3 contracts
Samples: Indenture (Owens & Minor Distribution, Inc.), Indenture (Greenbrier Companies Inc), Indenture (Just for Feet Specialty Stores Inc)
on Certain Terms. Except as otherwise provided in Section 10.0510.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 3 contracts
Samples: Indenture (RathGibson Inc), Indenture (Riverside Forest Products Marketing LTD), Indenture (Horizon Personal Communications Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, except that a Restricted Subsidiary may merge with or into any Guarantor so long as such Guarantor is the surviving entity, unless:
Appears in 3 contracts
Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)
on Certain Terms. Except as otherwise provided in Section 10.0511.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 3 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Unisys Corp), Indenture (Iwo Holdings Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.06, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 2 contracts
Samples: Indenture (Aaipharma Inc), Indenture (Team Health Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.05 of the Indenture, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 2 contracts
Samples: Second Supplemental Indenture (Stewart Enterprises Inc), Third Supplemental Indenture (Rayovac Corp)
on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company Issuers or another Guarantor, unless:
Appears in 2 contracts
Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company Person whether or another Guarantor, not affiliated with such Guarantor unless:
Appears in 1 contract
Samples: Indenture (Plastipak Holdings Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 1 contract
Samples: First Supplemental Indenture (Checkfree Holdings Corp \Ga\)
on Certain Terms. Except as otherwise provided in Section 10.0511.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another a Wholly Owned Subsidiary of the Company that is a Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0510.04 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company Issuers or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0511.6 hereof, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 1 contract
Samples: Indenture (Airgate PCS Inc /De/)
on Certain Terms. Except as otherwise provided in Section 10.05, no No Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, Person (other than the Company or another Guarantor) whether or not affiliated with such 85 92 Guarantor unless, unlessimmediately after giving effect to that transaction, no Default or Event of Default exists and either:
Appears in 1 contract
Samples: Indenture (Caraustar Industries Inc)
on Certain Terms. Except as otherwise provided in Section 10.0514.6 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in this Section 10.0512.08, no a Guarantor may not, in any transaction or series of related transactions, sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Edgio, Inc.)
on Certain Terms. Except as otherwise provided in Section 10.0511.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Foamex Capital Corp)
on Certain Terms. Except as otherwise provided in Section 10.0511.06 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) to another Person, other than the Company or another Guarantor, or consolidate with or merge with or into another Person (whether or not such Guarantor is the surviving Person), other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0510.07, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 1 contract
Samples: Indenture (Wright Bilt Corp)
on Certain Terms. Except as otherwise provided in Section 10.0510.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another a Wholly Owned Subsidiary of the Company that is a Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.05, no The Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another GuarantorCompany, unless:
Appears in 1 contract
Samples: Indenture (Willbros Group Inc)
on Certain Terms. Except as otherwise provided in Section 10.0510.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0511.06, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Mark I Molded Plastics of Tennessee Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, Guarantor unless:
Appears in 1 contract
Samples: Indenture (Rotech Healthcare Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Horizon PCS Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (G & G Retail Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or (i) consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another PersonPerson or (ii) sell, other than the Company assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets to another Guarantor, Person unless:
Appears in 1 contract
Samples: Indenture (GPPD Inc)
on Certain Terms. Except as otherwise provided in Section 10.0510.7 hereof, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 1 contract
Samples: Indenture (Agw Leasing Co Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.03 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
on Certain Terms. Except as otherwise provided in Section 10.0511.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unlessunless either:
Appears in 1 contract
Samples: Indenture (Puretec Corp)
on Certain Terms. Except as otherwise provided in Section 10.0511.06, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0511.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless: (1) immediately after giving effect to such transaction, no Default or Event of Default exists; and (2) either:
Appears in 1 contract
Samples: Indenture (Vector Group LTD)
on Certain Terms. Except as otherwise provided in Section 10.05, no Guarantor The Guarantor[s] may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Personinto, any Person other than as set forth Section 801(b)of the Company or another Guarantor, unless:Indenture.
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0512.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Osullivan Industries Inc)
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (into, whether or not such Guarantor is the surviving Person) , another Person, Person other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Ball Corp)
on Certain Terms. Except as otherwise provided in Section 10.0511.06 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) ), another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Simmons Co /Ga/)
on Certain Terms. Except as otherwise provided in Section 10.0512.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.05, no A Guarantor may not sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than either of the Company Issuers or another Guarantor, unless:
Appears in 1 contract
Samples: Indenture (Wynn Resorts LTD)
on Certain Terms. Except -------------------------------------------------- as otherwise provided in Section 10.0511.06, no a Guarantor may not sell or otherwise dispose of all or substantially all of its assets toassets, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, Person unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in Section 10.0510.05 hereof, no Guarantor may sell or otherwise dispose of of, in one or more related transactions, all or substantially all of its assets to, or consolidate consolidate, amalgamate or combine with or merge with or into (into, whether or not such Guarantor is the surviving Person) , another Person, other than the Company or another Guarantor, unless:
Appears in 1 contract
on Certain Terms. Except as otherwise provided in this Section 10.0511.05, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than either of the Company Issuer or another Guarantor, unless:
Appears in 1 contract
