Subsidiary Guarantors May Consolidate. Etc., on Certain Terms. Except as set forth in Section 13.04 and in Article VIII and the terms of the Securities, nothing contained in this Indenture or in any of the Securities shall prevent any consolidation, amalgamation or merger of a Subsidiary Guarantor with or into the Company or another Subsidiary Guarantor or shall prevent any conveyance, transfer or lease of the property and assets of a Subsidiary Guarantor substantially as an entirety to the Company or another Subsidiary Guarantor.
Subsidiary Guarantors May Consolidate. Etc., on Certain Terms Subject to Section 10.04, no Subsidiary Guarantor may consolidate or merge with or into (whether or not such Subsidiary Guarantor is the surviving 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, to another Person unless (i) the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or the Person to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made assumes all the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee, pursuant to a supplemental indenture in form satisfactory to the Trustee; (ii) immediately after such transaction, no Default or Event of Default exists; (iii) the Company and its Restricted Subsidiaries would, at the time of such transaction and after giving pro forma effect thereto as if such transaction had occurred at the beginning of the applicable Reference Period, be permitted to Incur at least $1.00 of additional Indebtedness pursuant to the Debt Incurrence Ratio test set forth in Section 4.09(a); (iv) if required by the Trust Indenture Act, the Company shall have delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that such consolidation, merger or transfer complies with the provisions of this Indenture; and (v) such Subsidiary Guarantor (if such Subsidiary Guarantor is the surviving Person) shall have delivered a written instrument in form satisfactory to the Trustee confirming its Subsidiary Guarantee and its other obligations under this Indenture after giving effect to such consolidation, merger or transfer. Notwithstanding the foregoing, any Subsidiary Guarantor may merge into, consolidate with or transfer all or part of its properties or assets to the Company or one or more Subsidiary Guarantors or one or more Subsidiaries which become Subsidiary Guarantors which are Wholly Owned Restricted Subsidiaries concurrently therewith.
Subsidiary Guarantors May Consolidate. Etc., on Certain Terms. Subject to Section 14.4 hereof, no Subsidiary Guarantor may consolidate or merge with or into (whether or not such Subsidiary Guarantor is the surviving Person) another Person unless (i) the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) assumes all the obligations of such Subsidiary Guarantor pursuant to a supplemental indenture, in a form reasonably satisfactory to the Trustee, under the relevant Securities and this Indenture, and (ii) immediately after such transaction, no Default or Event of Default exists. In the case of any such consolidation or merger and upon the assumption by the successor Person, by supplemental indenture, executed and delivered to the Trustee, of the Subsidiary Guarantee, such successor Person shall succeed to and be substituted for the Subsidiary Guarantor with the same effect as if it had been named herein as a Subsidiary Guarantor.
Subsidiary Guarantors May Consolidate etc., on Certain Terms. ----------------------- No Subsidiary Guarantor may consolidate with or merge with or into (whether or not such Subsidiary Guarantor is the Surviving Person), another Person, whether or not affiliated with such Subsidiary Guarantor, unless:
Subsidiary Guarantors May Consolidate etc., on Certain Terms.
