Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 1015(b) and the last paragraph of this Section 802, each Subsidiary Guarantor shall not, and the Issuers will not permit any Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor 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: (A) (1) such Subsidiary Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made is an entity organized or existing under the laws of the United States, any state thereof, the District of Columbia, or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
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Samples: Indenture (Clearwire Corp /DE), Second Priority Indenture (Clearwire Corp /DE)
Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 1015(b) and the last paragraph of this Section 8021208, each Subsidiary Guarantor shall not, and the Issuers will Company shall not permit any Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor 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:
(A) (1) such Subsidiary Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will shall have been made is an entity a corporation organized or existing under the laws of the United StatesStates of America, any state thereof, the District of Columbia, or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
Appears in 2 contracts
Samples: Indenture (Aleris Ohio Management, Inc.), Indenture (Aleris International, Inc.)
Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 1015(b) and the last paragraph of this Section 8021208, each Subsidiary Guarantor shall not, and the Issuers will Company shall not permit any Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor 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:
(A) (1) such Subsidiary Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will shall have been made is an a corporation, a limited partnership, a limited liability company or similar entity organized or existing under the laws of the United StatesStates of America, any state thereof, the District of Columbia, or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
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Samples: Indenture (Aleris Corp)
Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 1015(b) and the last paragraph of this Section 802), each Subsidiary Guarantor shall not, and the Issuers will Company shall not permit any Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor 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:
(A) (1) such Subsidiary Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made is an entity a corporation organized or existing under the laws of the United States, any state thereof, the District of Columbia, or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
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Samples: Indenture (Sealy Corp)
Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. (a) Subject to Section 1015(b) and the last paragraph of this Section 8021208, each Subsidiary Guarantor shall not, and the Issuers will Company shall not permit any Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor 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:
(A) (1) such Subsidiary Guarantor is the surviving corporation or the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will shall have been made is an entity a corporation organized or existing under the laws of the United StatesStates of America, any state thereof, the District of Columbia, or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
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Samples: Indenture (Kaiser Aluminum Corp)
Subsidiary Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 1015(b) and the last paragraph of this Section 80210.05, each no Subsidiary Guarantor shall notshall, and the Issuers will Parent shall not permit any such Subsidiary Guarantor to, consolidate or merge with or into or wind up into (whether or not such Subsidiary Guarantor is the surviving corporationPerson), 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 totransactions, to any Person unless:
(1) (A) (1i) such Subsidiary Guarantor is the surviving corporation Person or (ii) the Person formed by or surviving any such consolidation or merger (if other than such Subsidiary Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made is an entity a Person organized or existing under the laws of the United States, any state thereof, thereof or the District of ColumbiaColumbia (in each of (i) and (ii), or any territory thereof (such Subsidiary Guarantor or such Person, as the case may be, being herein called the “Successor Person”);
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