Common use of Certain Terms Clause in Contracts

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, unless:

Appears in 20 contracts

Sources: Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.), Noteholders Agreement (Eurosite Power Inc.)

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) Person, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 15 contracts

Sources: Indenture (Minnesota Power Inc), Indenture (Texas Utilities Electric Co), Indenture (Txu Capital Iv)

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 11 contracts

Sources: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Networks Associates Inc/), Indenture (Correctional Properties Trust)

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, unless:

Appears in 8 contracts

Sources: Indenture Agreement (GMX Resources Inc), Indenture (GMX Resources Inc), Indenture (PNM Resources Inc)

Certain Terms. The Company shall not not, directly or indirectly, consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or conveysell, lease, convey or transfer or lease all its properties and assets substantially as an entirety entirety, whether in a single transaction or a series of related transactions, to any Person, Person or group of affiliated Persons unless:

Appears in 6 contracts

Sources: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 6 contracts

Sources: Indenture (Deere John Capital Corp), Indenture (Deere John Capital Corp), Indenture (Deere & Co)

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 other Person, and the Company shall not permit any other Person to consolidate with or merge into the Company, unless:

Appears in 6 contracts

Sources: Junior Subordinated Indenture (Pogo Producing Co), Junior Subordinated Indenture (Pogo Trust Ii), Junior Subordinated Indenture (Pogo Trust Ii)

Certain Terms. The Company shall not consolidate with, merge with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) 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, unless:

Appears in 6 contracts

Sources: Indenture (MGM Mirage), Indenture (MGM Grand Inc), Indenture (Metro-Goldwyn-Mayer Inc)

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 no Person shall 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

Sources: Indenture (Maverick Tube Corporation), Senior Indenture (Beckman Coulter Inc), Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii)

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, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 3 contracts

Sources: Indenture (For Senior Notes) (Carolina Power & Light Co), Indenture (For Senior Notes) (Carolina Power & Light Co), Indenture (Otter Tail Power Co)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which whether or not affiliated with the Company is not the surviving corporation) 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 3 contracts

Sources: Indenture (Safeco Corp), Indenture (Safeco Corp), Indenture (Safeco Corp)

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) Person, or conveyconvey or otherwise transfer, transfer or lease lease, all of its properties and assets properties, as or substantially as an entirety entirety, to any Person, unless:

Appears in 3 contracts

Sources: Indenture (Tucson Electric Power Co), Indenture (Washington Water Power Co), Indenture (Washington Water Power Co)

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) entity, or convey, convey or otherwise transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 3 contracts

Sources: Indenture (Florida Power & Light CO Trust II), Indenture (For Unsecured Debt Securities) (FPL Group Capital Inc), Indenture (FPL Group Trust II)

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 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, sell or lease such Person's properties and assets substantially as an entirety to the Company unless:

Appears in 3 contracts

Sources: Indenture (Chiron Corp), Indenture (Sonus Networks Inc), Indenture (Sonus Networks Inc)

Certain Terms. The Company shall not consolidate or merge with or merge into any other Person (in a transaction in which the Company is not the surviving corporation) 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 or merge with or into the Company or to sell, lease, transfer or otherwise dispose of its assets substantially as an entirety to the Company, unless:

Appears in 3 contracts

Sources: Indenture (International Paper Co /New/), Indenture (International Paper Capital Trust Iii), Indenture (International Paper Capital Trust Iii)

Certain Terms. The Company shall not merge or consolidate with or merge into any another other Person (in a transaction in which the Company is and shall not the surviving corporation) sell, lease or convey, transfer in a single transaction or lease in a series of transactions, all or substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Sources: Indenture (O&M Halyard, Inc.), Indenture (O&M Halyard, Inc.)

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 all its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Sources: Indenture (Etoys Inc), Indenture (Etoys Inc)

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, 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, sell or lease all or substantially all of its properties and assets to the Company, unless:

Appears in 2 contracts

Sources: Indenture (Interim Services Inc), Indenture (Interim Services Inc)

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) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Sources: Trust Indenture Agreement (SFG Mortgage & Investment Co Inc), Indenture (Nordstrom Inc)

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 other Person, unless:

Appears in 2 contracts

Sources: Subordinated Indenture (Illinois Power Co), Indenture (Illinois Power Co)

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) corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, Person unless:

Appears in 2 contracts

Sources: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)

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, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 2 contracts

Sources: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)

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 conveyconvey or otherwise transfer, transfer or lease lease, all of its properties and assets properties, as or substantially as an entirety entirety, to any Person, unless:

Appears in 2 contracts

Sources: Indenture (Washington Water Power Capital Iii), Indenture (Washington Water Power Co)

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, other than to one or more of its Subsidiaries, unless:

Appears in 2 contracts

Sources: Indenture (Integra Lifesciences Holdings Corp), Indenture (Integra Lifesciences Holdings Corp)

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, directly or indirectly, convey, transfer transfer, sell or lease or otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to any PersonPerson (other than a wholly owned Subsidiary), and the Company shall not permit any Person (other than a wholly owned Subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer, sell or lease all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Sources: Indenture (Homebase Inc)

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or convey, convey or transfer all or lease substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Lci International Inc /Va/)

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) corporation or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Cendant Corp)

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) corporation or convey, convey or transfer or lease its properties property and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Levitt Corp)

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, unless:

Appears in 1 contract

Sources: Indenture (PPL Energy Supply LLC)

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 corporationPerson) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Fair Isaac Corp)

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, unless:

Appears in 1 contract

Sources: Indenture (FBL Financial Group Inc)

Certain Terms. The Company shall not consolidate with or merge with or into any other Person (in a transaction in which the Company is not the surviving corporation) or, directly or indirectly, convey, transfer or lease its properties and assets substantially as an entirety to any PersonPerson or Persons, unless:

Appears in 1 contract

Sources: Indenture (CCC Capital Trust Ii)

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 any Subsidiary or convey, transfer or lease its properties and assets substantially as an entirety to the Company or any Subsidiary, unless:

Appears in 1 contract

Sources: Indenture (United Homes Inc)

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) Corporation or convey, convey or transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Teco Energy Inc)

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, convey or transfer or lease its properties property and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Levitt Corp)

Certain Terms. The Company shall not consolidate with or merge into any other Person (in a transaction in which whether or not the Company is not the surviving corporation) or convey, transfer or lease its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Indenture (Texas Petrochemicals Lp)

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 corporationPerson) or convey, transfer or lease or otherwise dispose of its properties and assets substantially as an entirety in one or more related transactions (a "Subject Transaction"), to any Person, unless:

Appears in 1 contract

Sources: Indenture (Flextronics International LTD)

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 transfer, sell or lease all its properties and assets substantially as an entirety to any Person, Person unless:

Appears in 1 contract

Sources: Indenture (American Greetings Corp)

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, directly or indirectly, convey, transfer transfer, sell or lease or otherwise dispose of all or substantially all of its properties and assets substantially as an entirety to any PersonPerson (other than a wholly owned Subsidiary of the Company), and the Company shall not permit any Person (other than a wholly owned Subsidiary of the Company) to consolidate with or merge into the Company or convey, transfer, sell, lease or otherwise dispose of all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Sources: Indenture (Aspen Technology Inc /De/)

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 PersonPerson (other than direct or indirect Subsidiary of the Company), unless:

Appears in 1 contract

Sources: Indenture (Cypress Semiconductor Corp /De/)

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 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 1 contract

Sources: Indenture (Millennium Pharmaceuticals Inc)

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, Person unless:

Appears in 1 contract

Sources: Indenture (Banknorth Capital Trust Ii)

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) corporation or convey, transfer or lease all or substantially all of its properties and assets substantially as an entirety to any Person, unless:

Appears in 1 contract

Sources: Terms Agreement (United Companies Financial Corp)

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 all or substantially all of its properties and assets substantially as an entirety to any Person, and no Person shall consolidate with or merge into the Company or convey, transfer or lease all or substantially all of its properties and assets to the Company, unless:

Appears in 1 contract

Sources: Senior Indenture (Maverick Tube Corporation)

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 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, unless:

Appears in 1 contract

Sources: Indenture (American Residential Services Inc)

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 (in a transaction in which the Company is not the surviving corporation) or convey, transfer or lease its properties and assets as, or substantially as as, an entirety to any Person, Person or permit any other Person to merge into the Company unless:

Appears in 1 contract

Sources: Indenture (Kinkos Partners, L.L.C.)