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.)
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 96 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), Subordinated Indenture (Eex Corp), Junior Subordinated Indenture (Heftel Capital Trust Ii)
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: Texas Utilities (Texas Utilities Co /Tx/), Indenture (Minnesota Power & Light Co), Indenture (Texas Utilities Electric Co)
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 (Bank of New York Co 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 34 contracts
Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)
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 18 contracts
Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Central Valley Community (Central Valley Community Bancorp)
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, COLORADO INTERSTATE ISSUING Corp, El Paso Corp/De
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: Purchase Agreement (Titanium Metals Corp), Purchase Agreement (Dt Industries Inc), Indenture (Frontier Insurance Group 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 14 contracts
Samples: Hilfiger Tommy Corp, Indenture (360networks Inc), Indenture (Allied Waste North America Inc/De/)
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 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), Extreme Networks 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.), Indenture (Boise Cascade Office Products Corp)
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: Execution Copy (Bancorp Hawaii Capital Trust I), Purchase Agreement (Budget Group Inc), Indenture (Chemed 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), Onb Capital Trust Iv
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 (Fluor Corp), Indenture (Owens Corning)
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: NGC Corp, NGC Corp, Dynegy Capital Trust Iii
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 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 (Penney J C Co Inc), Indenture (Fleet Capital Trust Ix), Indenture (Banc One Corp /Oh/)
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 (PDS Financial Corp), Article Eleven Mandatory (PDS Gaming Corp), Indenture (PDS Financial 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, 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 (Human Genome Sciences Inc), Indenture (Affymetrix 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: Trust Indenture (Safeco Corp), Indenture (Cox Radio Inc), Cit Group 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. (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 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 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, Indenture (Grand Court Lifestyles Inc), Subordinated Indenture (Southwestern Electric Power Co)
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 (DSC Communications Corp), Indenture (United Waste Systems Inc), Indenture (Cor Therapeutics Inc / De)
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 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 (Madison Gas & Electric Co), Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group 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 (Clearone Communications Inc), Indenture (Molina Healthcare 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, 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 (Teco Energy Inc), Indenture (Tampa Electric Co), Indenture (Tampa Electric Co)
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 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 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 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 of America Inc)
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 or convey, transfer or lease its properties and assets substantially as an entirety to the Company, unless:
Appears in 5 contracts
Samples: Washington Mutual Inc, Pope & Talbot Inc /De/, Aristar Inc
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 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 (Arbor Realty Trust 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 (Dayton Hudson Corp), Indenture (DMC Stratex Networks 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: Fingerhut Companies (Fingerhut Companies Inc), Indenture (Dain Rauscher Corp), Fingerhut Companies 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 (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 (Niku Corp)
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 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: Pledge and Security Agreement (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 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 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 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), Northeast Utilities System
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 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 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 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 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 Capital Trust
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.)
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 (Avatar Holdings Inc), Indenture (Innovative Valve Technologies Inc), American Residential Services Inc
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, 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), Ucu Capital Trust I, Nisource 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 (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 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, Endurance Specialty Holdings LTD, MRH Capital Trust I
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 3 contracts
Samples: Indenture (Office Properties Income Trust), Supplemental Indenture (Office Properties Income Trust), Indenture (Diversified Healthcare Trust)
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: Exhibit a Stock Purchase Agreement (Harvest States Cooperatives), Stock Purchase Agreement (Sparta Foods Inc), Agreement (Life Usa Holding Inc /Mn/)
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 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 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, 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.), Mission E&p Limited Partnership, Encysive, L.P.
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: Indenture (Inacom Corp), Purchase Agreement (Vanstar Financing Trust), Suiza Foods Corp
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 sell, 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: BOSTON OMAHA Corp, BOSTON OMAHA Corp, BOSTON OMAHA Corp
Only on Certain Terms. The Company shall not consolidate with or merge into any other Person entity 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 (Brookdale Living Communities Inc), Prime Group Realty Trust, Prime Group Realty Trust
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 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 (Offshore Logistics Inc), Indenture (Noble Affiliates 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 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: Indenture (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Funding Agreement (Elan Corp PLC)
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 (Veritas Software Corp), Indenture (Cypress Semiconductor Corp /De/), Vantive 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 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 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 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), Medarex Inc, I2 Technologies Inc
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 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 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 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 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, 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 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 (Estee Lauder Companies Inc), Indenture (International Specialty Products Inc /New/), Hughes Electronics Corp
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/), Bowne & Co Inc, Exult 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 its properties and assets substantially as an entirety to the Company, unless:
Appears in 3 contracts
Samples: Indenture (Affiliated Computer Services Inc), Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic 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 3 contracts
Samples: Philip Morris Companies Inc, Kraft Foods Inc, Philip Morris Companies Inc
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 (C&d Technologies Inc), Indenture (Unisource Energy Corp), C&d Technologies Inc
