Common use of Only on Certain Terms Clause in Contracts

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 247 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.)

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Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company no Person shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 211 contracts

Samples: Junior Subordinated Indenture (American Realty Capital Properties, Inc.), Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Evans Capital Trust III)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 140 contracts

Samples: Indenture (American Italian Pasta Co), Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Abbott Laboratories)

Only on Certain Terms. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any other Person to consolidate with or merge into the Company or, directly or indirectly, transfer, convey, transfer sell, lease or lease otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to the Companyassets, unless:

Appears in 98 contracts

Samples: Indenture (Bristow Helicopters Inc), Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 79 contracts

Samples: Securities Purchase and Exchange Agreement, Modine Manufacturing Co, Modine Manufacturing Co

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 46 contracts

Samples: Indenture (Omeros Corp), Hewlett Packard Enterprise Co, Hewlett Packard Enterprise Co

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 43 contracts

Samples: Indenture (Loews Corp), Indenture (Commerce Bancorp Inc /Nj/), Subordinated Indenture (Ccci Capital Trust Iii)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 36 contracts

Samples: Indenture (Carolina Power & Light Co), Indenture (Txu Corp /Tx/), Indenture (Union Electric Co)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 34 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Only on Certain Terms. The Company Corporation shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company no Person shall not permit any Person to consolidate with or merge into the Company Corporation or convey, transfer or lease its properties and assets substantially as an entirety to the CompanyCorporation, unless:

Appears in 34 contracts

Samples: Edison International, Sce Trust I, Indenture (Centura Banks Inc)

Only on Certain Terms. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any other Person to consolidate with or merge into the Company or transfer, convey, transfer sell, lease or lease otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to the Companyassets, unless:

Appears in 27 contracts

Samples: Indenture (Hanover Compressor Co /), Indenture (W&t Offshore Inc), Cumberland Pharmaceuticals Inc

Only on Certain Terms. The Company shall not consolidate or amalgamate with or merge into any other Person (whether or not affiliated with the Company), or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Personother Person (whether or not affiliated with the Company), and the Company shall not permit any other Person (whether or not affiliated with the Company) to consolidate or amalgamate with or merge into the Company or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to the Company, ; unless:

Appears in 23 contracts

Samples: Assured Guaranty (Assured Guaranty US Holdings Inc.), Assured Guaranty LTD, Indenture (Cit Group Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to to, any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 19 contracts

Samples: Indenture (Community West Bancshares), Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 18 contracts

Samples: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or conveysell, lease or transfer or lease its properties and assets as, or substantially as as, an entirety to to, any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 17 contracts

Samples: Swap Settlement Agreement, El Paso Corp/De, COLORADO INTERSTATE ISSUING Corp

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or, directly or indirectly, convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety on a consolidated basis to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 15 contracts

Samples: Execution Copy (Fleetwood Enterprises Inc/De/), Indenture (Frontier Insurance Group Inc), Purchase Agreement (Titanium Metals Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, sell or lease its such Person's properties and assets substantially as an entirety to the Company, Company unless:

Appears in 14 contracts

Samples: Indenture (Exodus Communications Inc), Indenture (Exodus Communications Inc), Mercury Interactive Corporation

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 14 contracts

Samples: Hilfiger Tommy Corp, Indenture (360networks Inc), Indenture (Rohm & Haas Co)

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, transfer or lease all or substantially all of its properties and property or assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 14 contracts

Samples: Indenture (Midamerican Energy Co), Indenture (Midamerican Energy Co), D & K Healthcare Resources Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 14 contracts

Samples: General Electric Co, Hillenbrand (Hillenbrand, Inc.), Warrant Indenture (Aig Capital Trust I)

Only on Certain Terms. The Company shall not not, in a single transaction or a series of related transactions, consolidate with or merge into any other Person or sell, convey, transfer or lease all or substantially all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 13 contracts

Samples: Indenture (Burleson Water Resources, LLC), Indenture (Burleson Water Resources, LLC), Indenture (SN Cotulla Assets, LLC)

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company no Person shall not permit any Person to consolidate with or merge with or into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 12 contracts

Samples: Indenture (Chemed Capital Trust), Indenture (Bancorpsouth Inc), Purchase Agreement (Carriage Services Inc)

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 11 contracts

Samples: Jetblue (Jetblue Airways Corp), Indenture (Owens Corning), Indenture (Fluor Corp)

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 11 contracts

Samples: PennantPark Floating Rate Capital Ltd., Indenture (Medley LLC), Indenture (Medley LLC)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company no Person shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 11 contracts

Samples: 8 Indenture (Hartford Life Inc), Trust Agreement (Hartford Financial Services Group Inc/De), Big Flower Holdings Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or sell, convey, transfer or lease all or substantially all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 10 contracts

Samples: Indenture (Cott USA Finance LLC), Indenture (SEP Holdings III, LLC), Indenture (SEP Holdings III, LLC)

Only on Certain Terms. (a) The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company no Person shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 10 contracts

Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any other Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 10 contracts

Samples: Dynegy Capital Trust Iii, Dynegy Capital Trust Ii, Dynegy Holdings Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 10 contracts

Samples: Indenture (Banc One Corp /Oh/), Indenture (Fleet Capital Trust Ix), Indenture (Fortune Brands Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or any Subsidiary or convey, transfer or lease its properties and assets substantially as an entirety to the CompanyCompany or any Subsidiary, unless:

Appears in 9 contracts

Samples: Indenture (Taylor Investment Corp /Mn/), Indenture (PDS Financial Corp), Indenture (Paper Warehouse Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or, directly or indirectly, convey, transfer transfer, sell, lease or lease otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, sell, lease or lease otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 8 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Affymetrix Inc), Indenture (Human Genome Sciences Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person (whether or not affiliated with the Company), or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Personother Person (whether or not affiliated with the Company), and the Company shall not permit any other Person (whether or not affiliated with the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to the Company, ; unless:

Appears in 8 contracts

Samples: Indenture (Cox Radio Inc), Trust Indenture (Safeco Corp), Cox Radio Inc

Only on Certain Terms. The Company shall will not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Companyperson, unless:

Appears in 7 contracts

Samples: Indenture (Ready Capital Corp), Indenture (Sutherland Asset Management Corp), Indenture (Sutherland Asset Management Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 7 contracts

Samples: Infinity Capital Trust I, Subordinated Indenture (Southwestern Electric Power Co), Indenture (Grand Court Lifestyles Inc)

Only on Certain Terms. (a) The Company shall not consolidate with or merge into any other Person Person, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 7 contracts

Samples: Securities and Guarantee (Apache Corp), Securities and Guarantee (Apache Corp), Apache Finance Canada Corp

Only on Certain Terms. The Company shall not consolidate or amalgamate with or merge into any other Person or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 7 contracts

Samples: Senior Indenture (OneBeacon Insurance Group, Ltd.), Fund American Co Inc/New, Fund American Co Inc/New

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 7 contracts

Samples: Indenture (Alcatel Usa Inc), Indenture (Cor Therapeutics Inc / De), Indenture (DSC Communications Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person Corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 6 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer transfer, sell or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, sell or lease its such Person's properties and assets substantially as an entirety to the Company, Company unless:

Appears in 6 contracts

Samples: Indenture (Redback Networks Inc), Anadigics Inc, Abx Air Inc

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 6 contracts

Samples: Indenture (Molina Healthcare Inc), Indenture (Quest Diagnostics Inc), Satisfaction and Discharge (Quest Diagnostics Clinical Laboratories Inc /De/)

Only on Certain Terms. The Company shall not consolidate with, merge with or merge into any other Person into, or sell, assign, convey, transfer or lease its properties and assets substantially as an in their entirety (computed on a consolidated basis) to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 6 contracts

Samples: Indenture (MGM Mirage), Indenture (Pinnacle Entertainment Inc), Indenture (Hilton Hotels Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 6 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc), Indenture (Madison Gas & Electric Co)

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or, directly or indirectly, convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the CompanyPersons, unless:

Appears in 5 contracts

Samples: Indenture (Citadel License Inc), Indenture (Citadel License Inc), Sci Systems Inc

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or conveysell, lease, transfer or lease otherwise dispose of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge with or into the Company or conveyto sell, lease, transfer or lease otherwise dispose of its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: United States Surgical Corp, United States Surgical Corp, United States Surgical Corp

Only on Certain Terms. The Company shall may not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall may not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, Company unless:

Appears in 5 contracts

Samples: Indenture (Bowater Inc), Senior Indenture (Bowater Inc), Bowater Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company Company, or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Indenture (Century Casinos Inc /Co/), Indenture (DMC Stratex Networks Inc), Indenture (Dayton Hudson Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson (other than a direct or indirect wholly-owned subsidiary of the Company), and the Company shall not permit any Person (other than a direct or indirect wholly-owned subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Indenture (Global Signal Inc), Indenture (Arbor Realty Trust Inc), Indenture (Genelabs Technologies Inc /Ca)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties all or substantially all of the property and assets substantially as an entirety of the Company and its Subsidiaries on a consolidated basis, to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Newell Rubbermaid Inc

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: United Parcel Service Inc, TPG Nv, Indenture (United Parcel Service Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or sell, convey, exchange, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Indenture (Roper Industries Inc /De/), Georgia Pacific Corp, Georgia Pacific Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, Person and the Company shall not permit any Person person to consolidate with or merge into the Company or convey, convey transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Indenture (Dain Rauscher Corp), Fingerhut Companies (Fingerhut Companies Inc), Dain Rauscher Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Subordinated Note Indenture (Georgia Power Co), Southern Power Co, Gulf Power Co

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, Person (other than a direct or indirect wholly-owned subsidiary of the Company) and the Company shall not permit any Person (other than a direct or indirect wholly-owned subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Global Signal Inc, Indenture (Newcastle Investment Corp), Indenture (Niku Corp)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 5 contracts

Samples: Aristar Inc, Aristar Inc, Washington Mutual Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its all or substantially all of the properties and assets substantially of the Company and its Subsidiaries, taken as an entirety a whole, to any PersonPerson (other than a direct or indirect wholly owned subsidiary of the Company), and the Company shall not permit any Person (other than a direct or indirect wholly owned subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Office Properties Income Trust), Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust)

Only on Certain Terms. The Company shall may not consolidate with or merge with or into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Supplemental Indenture (Safeway Inc), Supplemental Indenture (Safeway Inc), Safeway Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, convey or transfer or lease its properties property and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Bankatlantic Bancorp Inc), Indenture (Republic Bancshares Inc), Indenture (Republic Bancshares Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson in one transaction or a series of related transactions, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Innovative Valve Technologies Inc), Indenture (Avatar Holdings Inc), American Residential Services Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer transfer, or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Tsakos Energy Navigation LTD), Huntington Bancshares (Huntington Bancshares Inc/Md)

Only on Certain Terms. The Company shall not consolidate or merge with or merge into any other Person or sell, convey, transfer transfer, lease or lease its otherwise dispose of all or substantially all of the properties and assets substantially as an entirety of the Company on a consolidated basis to any other Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Alto Ingredients, Inc., Indenture (Globalstar, Inc.), Indenture (Pacific Ethanol, Inc.)

Only on Certain Terms. The Company shall will not consolidate with or merge into any other Person corporation or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any another Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.)

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Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: CNF Transportation Inc, CNF Transportation Inc, CNF Transportation Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Ormat Technologies, Inc., Ormat Technologies, Inc., Motorola Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, sell or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Western Massachusetts Electric Co, Indenture (Northeast Utilities System), Western Massachusetts Electric Co

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Anadarko Petroleum Capital Trust Iii), Anadarko Petroleum Capital Trust Iii, Anadarko Petroleum Capital Trust Iii

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person Person, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Entergy Mississippi Inc, Indenture (National Fuel Gas Co), Southern Indiana Gas & Electric Co

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson (other than a wholly owned Subsidiary of the Company), and the Company no Person shall not permit any Person to consolidate with or merge with or into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Titan Corp), Calpine Corp, Calpine Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or, directly or indirectly, convey, transfer transfer, sell or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or, directly or indirectly, convey, transfer transfer, sell or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Uromed Corp), Cuc International Inc /De/, Tech Data Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person, or permit any other Person to merge into it, or convey, transfer or lease its properties property and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 4 contracts

Samples: Indenture (Hallwood Group Inc), Indenture (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or sell, convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (International Specialty Products Inc /New/), Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and shall not transfer and assign all its obligations of, and position as, the Company shall not permit any Person to consolidate with hereunder, except for a consolidation or merge into merger in which the Company or convey, transfer or lease its properties and assets substantially as an entirety to is the Companysurviving party, unless:

Appears in 3 contracts

Samples: Indenture (Cypress Semiconductor Corp /De/), Indenture (Veritas Software Corp), Vantive Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation, or sell, convey, exchange, transfer or lease its properties and assets substantially as an entirety to any PersonPerson other than a Subsidiary, and the Company shall not permit any Person other than a Subsidiary, to consolidate with or merge into the Company or sell, convey, exchange, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Thaxton Group Inc), Thaxton Group Inc, Thaxton Group Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person person or convey, transfer or lease its properties and assets substantially as an entirety to any Personperson, and the Company shall not permit any Person person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Agreement (Life Usa Holding Inc /Mn/), Stock Purchase Agreement (Sparta Foods Inc), Exhibit a Stock Purchase Agreement (Harvest States Cooperatives)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, Person (other than a direct or indirect wholly-owned subsidiary of the Company) and the Company shall not permit any Person (other than a direct or indirect wholly-owned subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Encysive, L.P., Mission E&p Limited Partnership

Only on Certain Terms. The Company shall not consolidate with or merge with or into any other Person or, directly or indirectly, convey, transfer or lease all or substantially all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Purchase Agreement (Vanstar Financing Trust), Indenture (Inacom Corp), Suiza Foods Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (China Gerui Advanced Materials Group LTD), China Security & Surveillance Technology, Inc., Headwaters Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company it or convey, transfer transfer, sell or lease its such Person's properties and assets substantially as an entirety to the Companyit, unless:

Appears in 3 contracts

Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc, Cell Therapeutics Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person or group of Persons other than to consolidate with a direct or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Companyindirect wholly-owned Subsidiary, unless:

Appears in 3 contracts

Samples: Citizens Funding Trust IV, Citizens Funding Trust IV, Citizens Funding Trust IV

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Cirrus Logic Inc), Indenture (Affiliated Computer Services Inc), Indenture (Cirrus Logic Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or, together with or through one or more of its Subsidiaries, convey, transfer or lease its all or substantially all of the properties and assets substantially as an entirety of the Company and its Subsidiaries on a consolidated basis to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Chartered Semiconductor Manufacturing LTD), China Mobile Hong Kong LTD, Chartered Semiconductor Manufacturing LTD

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer transfer, lease or lease otherwise dispose of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, lease or lease otherwise dispose of its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Noble Affiliates Inc), Indenture (Offshore Logistics Inc), Noble Affiliates Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease sell its properties and assets as, or substantially as as, an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Nabors Industries Inc, Nabors Industries Inc, Nabors Industries Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer transfer, sell or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Privatebancorp, Inc, Collegiate Pacific Inc, Oil States International Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Alco Capital Resource Inc, Alco Standard Corp, Ikon Office Solutions Inc

Only on Certain Terms. The Company shall not consolidate or amalgamate with or merge into any other Person (whether or not affiliated with the Company), or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Personother Person (whether or not affiliated with the Company), and the Company shall not permit any other Person (whether or not affiliated with the Company) to consolidate or amalgamate with or merge into the Company or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Quanta Capital Holdings LTD, MRH Capital Trust I, Endurance Specialty Holdings LTD

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation, in each case in a transaction in which it is not the successor corporation, or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Txu Corp /Tx/), Indenture (Txu Energy Co LLC), Txu Capital Iv

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person (in any transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety (determined on a consolidated basis) to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc), Ddi Corp, Ddi Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson (other than to one or more Wholly Owned Subsidiaries of the Company), and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc), Indenture (Staples Inc)

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Medarex Inc), I2 Technologies Inc, Medarex Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person Corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (New Nisource Inc), Nisource Inc, Ucu Capital Trust I

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer transfer, sell or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer transfer, sell or lease its such Person's properties and assets substantially as an entirety to the Company, Company unless:

Appears in 3 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Exult Inc, Bowne & Co Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to the Company, unlessCompany unless either:

Appears in 3 contracts

Samples: Indenture (Thermo Electron Corp), Thermo Electron Corp, Thermo Electron Corp

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets as, or substantially as as, an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Cornell Abraxas Group, Inc., Indenture (Weatherford International Inc /New/), Weatherford International Inc /New/

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company Company, or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Citizens Utilities Capital L P, Citizens Utilities Capital L P, Citizens Utilities Capital L P

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Philip Morris Companies Inc, Philip Morris Companies Inc, Kraft Foods Inc

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person where the Company is not the surviving corporation, or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Amerco /Nv/, Amerco /Nv/, Amerco /Nv/

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which the Company is not the surviving Person) or convey, transfer or lease its all or substantially all of the Company's properties and assets substantially as an entirety to any successor Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Unisource Energy Corp), Indenture (C&d Technologies Inc), C&d Technologies Inc

Only on Certain Terms. The Company Corporation shall not consolidate with or merge into any other Person or convey, transfer or lease its properties and assets substantially as an entirety to any Person, and the Company Corporation shall not permit any Person to consolidate with or merge into the Company Corporation or convey, transfer or lease its properties and assets substantially as an entirety to the CompanyCorporation, unless:

Appears in 3 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.

Only on Certain Terms. The Company shall not consolidate with or merge into any other Person or convey, transfer all or lease substantially all of its properties property and assets substantially as an entirety to any Person, and the Company shall not permit any Person to consolidate with or merge into the Company or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Samples: Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp), Boston Scientific Corp

Only on Certain Terms. The Subject to Section 10.16, the Company shall not consolidate or amalgamate with or merge into any other Person (whether or not affiliated with the Company), or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to any Personother Person (whether or not affiliated with the Company), and the Company shall not permit any other Person (whether or not affiliated with the Company) to consolidate or amalgamate with or merge into the Company or convey, transfer or lease its properties and assets as an entirety or substantially as an entirety to the Company, Company unless:

Appears in 3 contracts

Samples: Limited Waiver (Elan Corp PLC), Funding Agreement (Elan Corp PLC), Indenture (Elan Corp PLC)

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