Only on Certain Terms. The Company may not consolidate, amalgamate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 7 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporationentity), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets assets, in one or more related transactions, to any Person unless:
Appears in 7 contracts
Samples: Indenture (Winnebago Industries Inc), Indenture (Aleris Corp), Indenture (SemGroup Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), ) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or and assets in one or more related transactions, substantially as an entirety to any Person Person, unless:
Appears in 6 contracts
Samples: Indenture (Genesee & Wyoming Inc), Indenture (Intermedia Communications Inc), Indenture (Scotts Company)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporationPerson), or sellconvey, assign, transfer, lease, convey transfer or otherwise dispose of lease all or substantially all of its properties or assets in one or more related transactionstransactions to, to any Person Person, unless:
Appears in 5 contracts
Samples: Fourth Supplemental Indenture (Concho Resources Inc), Second Supplemental Indenture (Stone Energy Corp), Third Supplemental Indenture (Concho Resources Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporationPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactionstransactions to, to any Person Person, unless:
Appears in 5 contracts
Samples: Seventeenth Supplemental Indenture (Concho Resources Inc), Fifteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporationSurviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, transactions to any another Person unless:
Appears in 5 contracts
Samples: Indenture (Premcor Refining Group Inc), Indenture (Clark Refining & Marketing Inc), Indenture (Clark Refining & Marketing Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), Corporation) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or lease substantially all of its properties or assets and assets, in one transaction or more a series of related transactions, to any Person Person, unless:
Appears in 5 contracts
Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into any other Person or, directly or wind up into (whether or not the Company is the surviving corporation)indirectly, or sell, assign, transfer, lease, or convey or otherwise dispose of all or substantially all of its properties assets (computed on a consolidated basis), whether in a single transaction or assets in one or more a series of related transactions, to any Person another Person, unless:
Appears in 4 contracts
Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)
Only on Certain Terms. The Company may Company, in a single transaction or through a series of related transactions, shall not consolidate, amalgamate consolidate with or merge with or into any other Person or wind up into transfer (whether or not the Company is the surviving corporation), or sell, assign, transfer, by lease, convey assignment, sale or otherwise dispose of otherwise) all or substantially all of its properties and assets to another Person or assets in one or more related transactionsgroup of affiliated Persons, to any Person unless:
Appears in 4 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate directly or indirectly consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets and properties or and the assets and properties of its Subsidiaries (taken as a whole) to another Person in one or more related transactions, to any Person transactions unless:
Appears in 4 contracts
Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (Delcath Systems Inc)
Only on Certain Terms. The Company may not consolidatenot, amalgamate in a single transaction or a series of related transactions, (i) consolidate or merge with or into any other Person or wind up permit any other Person to consolidate or merge with or into (whether or not the Company is the surviving corporation), or sell, assign(ii) directly or indirectly, transfer, leasesell, convey lease or otherwise dispose of all or substantially all of its properties or assets in one or more related transactionsassets, to any Person unless:
Appears in 4 contracts
Samples: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De), Indenture (Emergent Group Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), ) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or and assets in one or more related transactions, substantially as an entirety to any Person Person, unless:
Appears in 3 contracts
Samples: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp), Indenture (Energizer Holdings Inc)
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 3 contracts
Samples: Indenture (Sealy Corp), Indenture (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)
Only on Certain Terms. The Company may shall not consolidate, amalgamate directly or indirectly consolidate or merge with or into or wind up into (any other Person, whether or not the Company is the surviving corporation)entity, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the Company or its subsidiaries’ properties or assets taken as a whole, in one or more related transactions, to any Person another Person, unless:
Appears in 3 contracts
Samples: Indenture (Cleco Power LLC), Indenture (Cleco Corporate Holdings LLC), Indenture (Puget Energy Inc /Wa)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate or merge with or into or wind up into any other Person (whether or not the Company is the surviving corporationPerson), or directly or indirectly sell, assign, convey, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) to any Person or Persons, in one transaction or more a series of related transactions, to any Person unlessunless each of the following conditions is satisfied:
Appears in 3 contracts
Samples: Indenture (Laidlaw Environmental Services Inc), Indenture (Tropical Sportswear Co Inc), Indenture (Safety Kleen Corp/)
Only on Certain Terms. The Company may not consolidatewill not, amalgamate in a single transaction or a series of related transactions, consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sellconvey, assign, transfer, lease, convey transfer or otherwise dispose of lease all or substantially all of its properties or assets in one or more related transactions(computed on a consolidated basis) to, to any Person or group of affiliated Persons, unless:
Appears in 3 contracts
Samples: Third Supplemental Indenture (Terex Corp), Supplemental Indenture (Terex Corp), Supplemental Indenture (Terex Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporationPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactionstransactions to, to any Person Person, unless:
Appears in 3 contracts
Samples: Tenth Supplemental Indenture (Concho Resources Inc), Seventh Supplemental Indenture (Concho Resources Inc), Sixth Supplemental Indenture (Concho Resources Inc)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate or merge with or into or wind up into any other Person (whether or not the Company is the surviving corporation)Surviving Person) or convey, or selltransfer, assign, transfersell, lease, convey lease or otherwise dispose of of, in one or more related transactions, all or substantially all of its properties or and assets in one or more related transactions, as an entirety to any Person Person, unless:
Appears in 3 contracts
Samples: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Symons International Group Inc), Senior Subordinated Indenture (Superior National Insurance Group Inc)
Only on Certain Terms. The Company may will not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 2 contracts
Samples: Indenture (Randalls Food Markets Inc), Indenture (Accuride Corp)
Only on Certain Terms. The Company may will not consolidateconsolidate with, amalgamate or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sell, assignconvey, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties property and assets (as an entirety or assets substantially an entirety in one transaction or more a series of related transactions) to, to any Person or permit any Person to merge with or into it unless:
Appears in 2 contracts
Samples: Indenture (Corporacion Durango Sa De Cv/), Indenture (Durango Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate directly or indirectly consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets and properties or and the assets and properties of its Subsidiaries (taken as a whole with the assets and properties of the Company) to another Person in one or more related transactions, to any Person transactions unless:
Appears in 2 contracts
Samples: Indenture (DCP Midstream Partners, LP), Indenture (DCP Midstream Operating, LP)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporationPerson), or sell, assignlease, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactionstransactions to, to any Person Person, unless:
Appears in 2 contracts
Samples: Indenture (Stone Energy Corp), Indenture (Stone Energy Offshore, L.L.C.)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into unless (whether or not in a transaction in which the Company is not the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties the property or assets of the Company to, any other Person, whether in one a single transaction or more series of related transactions, to any Person unless:
Appears in 2 contracts
Samples: Indenture (Brocade Communications Systems Inc), Indenture (Epicor Software Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate directly or indirectly consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of the assets and properties of the Company and its properties Subsidiaries to another a Person other than the Company or assets its Subsidiaries in one or more related transactions, to any Person transactions unless:
Appears in 2 contracts
Samples: Indenture (Centerpoint Energy Resources Corp), Indenture (Enable Midstream Partners, LP)
Only on Certain Terms. The Company may not consolidateshall not, amalgamate directly or indirectly, consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), any other Person or sell, assign, transfer, lease, convey or otherwise dispose of transfer all or substantially all its assets, whether in a single transaction or a series of its properties or assets in one or more related transactions, to any Person or group of affiliated Persons (other than any of the foregoing involving solely the Company and a Restricted Subsidiary in which the Company is the survivor or the purchaser) unless:
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)
Only on Certain Terms. The Company may will not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactionstransactions (other than pursuant to a Real Estate Financing Transaction), to any Person unless:
Appears in 2 contracts
Samples: Indenture (Kindercare Learning Centers Inc /De), Indenture (KCLC Acquisition Corp)
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate with or merge with or into any other Person or, directly or wind up into (whether or not the Company is the surviving corporation)indirectly, or convey, sell, assign, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or and assets substantially as an entirety to any other Person (in one transaction or more a series of related transactions), to any Person unlessunless each of the following conditions is satisfied:
Appears in 2 contracts
Samples: Indenture (Drypers Corp), Subordinated Indenture (Complete Management Inc)
Only on Certain Terms. The Company may shall not consolidateconsolidate with, amalgamate or merge with or into into, any other Person (other than in a merger or wind up into (whether or not consolidation in which the Company is the surviving corporationcontinuing Person), or sell, assignconvey, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties assets (in one transaction or assets in a series of related transactions) to any other Person (other than one or more related transactionsSubsidiaries of the Company), to any Person unless:
Appears in 2 contracts
Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/)
Only on Certain Terms. The Company may not consolidatenot, amalgamate in a single transaction or through a series of related transactions, (i) consolidate with or merge with or into any other Person; or wind up into (whether or not the Company is the surviving corporation), or ii) sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of transfer its properties or and assets substantially in one or more related transactions, their entirety (computed on a Consolidated basis) to any Person Person, unless:
Appears in 2 contracts
Samples: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), ) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all lease its properties and assets as an entirety or substantially all of its properties or assets in one or more related transactions, as an entirety to any Person Person, unless:
Appears in 2 contracts
Samples: Senior Indenture (Meridian Resource CORP), Subordinated Indenture (Meridian Resource CORP)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into any other Person (whether or not the Company is shall be the surviving corporation), ) or sell, assignconvey, transfer, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties and assets substantially as an entirety to any Person or assets group of affiliated Persons, in one transaction or more a series of related transactions, to any Person unless:
Appears in 2 contracts
Samples: Indenture (Texas New Mexico Power Co), Indenture (Texas New Mexico Power Co)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), ) or sell, assign, transferconvey, lease, convey transfer or otherwise dispose of all or substantially all of lease its properties or and assets in one or more related transactions, substantially as an entirety to any Person unless:
Appears in 1 contract
Only on Certain Terms. The Company may will not consolidate, amalgamate consolidate with or merge with or into another Person or, directly or wind up into (whether or not the Company is the surviving corporation)indirectly, or sell, assign, transfer, lease, convey or otherwise dispose of transfer all or substantially all of its properties assets (computed on a consolidated basis), whether in a single transaction or assets in one or more a series of related transactions, to any another Person or group of affiliated Persons, unless:
Appears in 1 contract
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporationentity), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets assets, in one or more related transactionstransactions to, to any Person unless:
Appears in 1 contract
Samples: Indenture (Kaiser Aluminum Corp)
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets assets, in one or more related transactions, to any Person unless:
Appears in 1 contract
Samples: Indenture (Affinia Group Intermediate Holdings Inc.)
Only on Certain Terms. The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into any Person (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 1 contract
Samples: Indenture (Charming Shoppes Inc)
Only on Certain Terms. The Company may will not consolidate, amalgamate consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 1 contract
Samples: Indenture (E&s Holdings Corp)
Only on Certain Terms. (1) The Company may not consolidate, amalgamate consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation)into, or sell, assign, transfer, lease, lease or convey or otherwise dispose of all or substantially all of the assets of the Company and its properties Restricted Subsidiaries, taken as a whole, in any one transactions or assets in one or more related series of transactions, to any Person other Person, unless:
Appears in 1 contract
Only on Certain Terms. The Company may not consolidateshall not, amalgamate directly or indirectly, consolidate with or merge with or into or wind up into (whether or not the Company is the surviving corporation), entity) any other Corporation or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets the Company's assets, in one or more related transactions, to any another Person unless:
Appears in 1 contract
Samples: Indenture (Pseg Fossil LLC)
Only on Certain Terms. The Company may not consolidate, amalgamate or merge with or into or wind up into (whether or not the Company is the surviving corporationPerson), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions, to any Person unless:
Appears in 1 contract
Samples: Indenture (NMI Holdings, Inc.)
Only on Certain Terms. The Company may shall not consolidate, amalgamate consolidate or merge with or into or wind up into any other Person (whether or not the Company is the surviving corporationPerson), or directly or indirectly convey, sell, assign, transfer, lease, convey lease or otherwise dispose of all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one transaction or more a series of related transactions, to any Person unlessunless each of the following conditions is satisfied:
Appears in 1 contract
Samples: Indenture (Breed Technologies Inc)
Only on Certain Terms. The Company may not consolidatenot, amalgamate in a single transaction or series of related transactions, consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or directly and/or indirectly through its Subsidiaries sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one or more related transactionstransactions to, to any another corporation, Person or entity unless:
Appears in 1 contract
Samples: Indenture (Shop at Home Inc /Tn/)
Only on Certain Terms. The Company may not consolidatenot, amalgamate in a single transaction or series of related transactions, consolidate or merge with or into or wind up into (whether or not the Company is the surviving corporation), or directly and/or indirectly through its Subsidiaries, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets (determined on a consolidated basis for the Company and its Subsidiaries taken as a whole) in one or more related transactionstransactions to, to any Person another corporation, person or entity unless:
Appears in 1 contract
Samples: Indenture (Ameristeel Corp)
Only on Certain Terms. The Company may not consolidate, amalgamate or (a) merge with or into or wind up into (whether or not the Company is the surviving corporation)consolidate with, or (b) sell, assign, transfer, lease, lease or convey or otherwise dispose of all or substantially all of its properties or and assets in one or more related transactions, to any Person, other than, with respect to this clause (b), a direct or indirect wholly-owned subsidiary of the Company, and no Person shall (x) merge with or into or consolidate with the Company, or (y) except for any direct or indirect wholly-owned subsidiary of the Company, sell, assign, transfer, lease or convey all or substantially all of its properties and assets to the Company, unless:
Appears in 1 contract
Samples: Subordinated Indenture (Reliant Energy Services New Mexico LLC)