GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms. Except as otherwise provided in Section 11.05 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms
GUARANTORS MAY CONSOLIDATE, ETC. ON CERTAIN TERMS. Except as otherwise provided in Section 13.5 hereof, no Guarantor may sell or otherwise dispose of all or substantially all of its assets to, or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, other than the Company or another Guarantor, unless:
GUARANTORS MAY CONSOLIDATE, ETC. ON CERTAIN TERMS. No Guarantor may consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another corporation, Person or entity whether or not affiliated with such Guarantor unless:
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms. Except as may be provided in Section 13.5 and in Articles VIII and X, nothing contained in this Indenture or in any of the Securities shall prevent any consolidation or merger of a Guarantor with or into the Company or a Guarantor or shall prevent any sale or conveyance of the assets of a Guarantor as an entirety or substantially as an entirety or the Capital Stock of a Guarantor to the Company or a Guarantor.
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms --------------------------------------------------
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms Subject to Section 12.06 hereof, no Guarantor (including any existing or future Restricted Subsidiary that becomes an additional Guarantor) may consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person, whether or not affiliated with such Guarantor, 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 Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a Person organized and existing under the laws of the United States of America, any state thereof, or the District of Columbia and expressly assumes all the obligations of such Guarantor, pursuant to a supplemental indenture in form and substance reasonably satisfactory to the Trustee, under the Notes and this Indenture and (ii) immediately after giving effect to such transaction, no Default or Event of Default exists. In connection with any consolidation or merger contemplated by this Section 12.05, the Company shall deliver to the Trustee prior to the consummation of the proposed transaction an Officers' Certificate and an Opinion of Counsel, each stating that such consolidation or merger and such supplemental indenture comply with this Article 12 and that all conditions precedent herein provided relating to such transaction have been complied with. The provisions of clause (i) of the preceding paragraph shall not apply if the Person formed by or surviving the relevant consolidation or merger or to which the relevant sale, assignment, transfer, lease, conveyance or other disposition shall have been made is the Company, a Guarantor or a Person that is not, after giving effect to such transaction, a Restricted Subsidiary of the Company.
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms. Except as otherwise provided in Section 16.04, no Guarantor (other than a Guarantor whose Note Guarantee is to be released in accordance with Section 16.04) may sell, convey, assign, transfer, lease or otherwise Dispose of all or substantially all of its assets, in one transaction or any series of transactions to,
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms. -------------------------------------------------- A Guarantor may not sell or otherwise dispose of all or substantially all of its assets or consolidate with or merge with or into (whether or not such Guarantor is the surviving Person) another Person other than the Company or another Guarantor, unless either:
GUARANTORS MAY CONSOLIDATE, ETC on Certain Terms 48 Section 8.06. Releases Following Sale of Assets and Other Events 48 Section 8.07. Release of a Guarantor 49 Section 8.08. Benefits Acknowledged 49 ARTICLE 9 MISCELLANEOUS Section 9.01. Sinking Funds 49 Section 9.02. Supplemental Indenture 49 Section 9.03. No Guarantees 49 Section 9.04. Confirmation of Indenture 49 Section 9.05. Counterparts 49 Section 9.06. Governing Law 50 Section 9.07. Waiver of Jury Trial 50 Section 9.08. Trustee Disclaimer 50 Exhibit A Form of Note A-1 FIRST SUPPLEMENTAL INDENTURE, dated as of November 20, 2014 (this “Supplemental Indenture”), to the Indenture dated as of November 20, 2014 (as amended, modified or supplemented from time to time in accordance therewith, other than with respect to a particular series of debt securities, the “Base Indenture” and, as amended, modified and supplemented by this Supplemental Indenture, the “Indenture”), by and between Equinix, Inc. (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”). Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders of the Notes (as defined herein):
