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 12 contracts
Samples: Indenture (Metaldyne Corp), Indenture (Barneys New York Inc), Indenture (Cca Properties of America LLC)
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 (Wire Harness Industries Inc), Capital Environmental Resource Inc, Central Garden & Pet Company
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: Indenture (Ipc Acquisition Corp), First Supplemental Indenture (Jarden Corp), Om Group 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, unless:
Appears in 4 contracts
Samples: Intercompany Subordination and Credit Agreement, Indenture (Builders FirstSource, Inc.), Indenture (Iwo Holdings 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 4 contracts
Samples: Indenture (Block Communications Inc), Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness 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 (Horizon Personal Communications Inc), Indenture (Riverside Forest Products Marketing LTD)
on Certain Terms. (a) 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 10.05, 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 2 contracts
Samples: Owens & Minor Distribution, Inc., Registration Rights Agreement (Greenbrier Companies 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 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 10.0511.06, 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: Team Health Inc, Aaipharma Inc
on Certain Terms. (a) 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 2 contracts
Samples: Indenture (Dynegy Inc /Il/), North American Pipe Corp
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), 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 or another Guarantor, unless:
Appears in 1 contract
Samples: G & G Retail 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: NRG Energy 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 a Wholly Owned Subsidiary of the Company that is a Guarantor, unless:
Appears in 1 contract
Samples: General Nutrition Centers Inc
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: Osullivan Industries Inc
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
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
Samples: Pilgrims Pride Corp
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: Caraustar Industries 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: Foamex Capital 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
Samples: Indenture (Mark I Molded Plastics of Tennessee 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) 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
Samples: Payless Shoesource Inc /De/
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
Samples: Select Specialty Hospital Topeka 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 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: Personal Care Holdings Inc
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 10.0514.6 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 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
Samples: Just for Feet Specialty Stores 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: Puretec Corp
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
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 with, merge with or into or amalgamate or combine with (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: www.citibank.com
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
Samples: Alpha Natural Resources, Inc.
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
Samples: Penske Automotive Group, 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 10.0510.05 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
Samples: Danka Business Systems PLC
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
Samples: General Nutrition Companies 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, unless: (1) immediately after giving effect to such transaction, no Default or Event of Default exists; and (2) either:
Appears in 1 contract
Samples: Vector Group LTD
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: Simmons Co /Ga/
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)
