CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) the liquidation or dissolution of any Wholly-Owned Subsidiary of the Borrower, and (iii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom,
(i) the merger, consolidation or amalgamation of any Subsidiary of the Borrower with or into the Borrower; PROVIDED that the Borrower is the surviving or continuing or resulting corporation;
(ii) the merger, consolidation or amalgamation of any Subsidiary of the Borrower with or into another Subsidiary of the Borrower; PROVIDED that the surviving or continuing or resulting corporation is a Wholly-Owned Subsidiary of the Borrower; and PROVIDED, FURTHER, that if any such Subsidiary is a guarantor under the Subsidiary Guaranty, the surviving or continuing or resulting corporation is or contemporaneously therewith becomes a guarantor under the Subsidiary Guaranty;
(iii) the liquidation, winding up or dissolution of any Subsidiary of the Borrower;
(iv) the making of any Asset Sale by the Borrower to any Wholly-Owned Subsidiary;
(v) the making of any Asset Sale by any Subsidiary to the Borrower; and
(vi) the making of any Asset Sale by any Subsidiary of the Borrower to any Wholly-Owned Subsidiary of the Borrower; PROVIDED that if the selling Subsidiary is a guarantor under the Subsidiary Guaranty the purchasing Subsidiary must be, or contemporaneously become, a guarantor under the Subsidiary Guaranty.
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, each of the following shall be permitted: (i) the merger, consolidation or amalgamation of any Domestic Subsidiary with or into the Borrower, provided the Borrower is the surviving or continuing or resulting corporation; (ii) the merger, consolidation or amalgamation of any Domestic Subsidiary with or into any Subsidiary Guarantor, provided that the surviving or continuing or resulting corporation is a Subsidiary Guarantor; and (iii) the transfer or other disposition of any property by the Borrower to any Subsidiary Guarantor or by any Subsidiary Guarantor to the Borrower or any other Subsidiary Guarantor;
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Potential Default shall have occurred and be continuing or would result therefrom,
(i) the merger, consolidation or amalgamation of any Subsidiary of Lessee or Parent (other than Lessee) with or into Lessee or the Parent, PROVIDED Lessee or the Parent is the surviving or continuing or resulting corporation;
(ii) the Reorganization; or the merger, consolidation or amalgamation of any Subsidiary of the Parent (other than Lessee) or any Subsidiary of Lessee that is not a Pledged Company with or into another Subsidiary of the Parent (other than Lessee) or another Subsidiary of Lessee, PROVIDED that the surviving or continuing or resulting corporation is a Wholly-Owned Subsidiary that is a Domestic Subsidiary directly owned by the Parent or Lessee or a Pledged Company that is a Wholly-Owned Subsidiary of the Parent or Lessee;
(iii) the liquidation, winding up or dissolution of any Subsidiary of the Parent (other than Lessee) or any Subsidiary of Lessee, other than a Material Subsidiary;
(iv) the transfer or other disposition of any property by any Subsidiary of the Parent or Lessee, other than Lessee or a Pledged Company, to the Parent or Lessee or to any Wholly-Owned Subsidiary directly owned by the Parent or Lessee;
(v) the merger, consolidation or amalgamation of any Pledged Company with or into another Pledged Company; and
(vi) the transfer or other disposition of any property by any Pledged Company to the Parent or Lessee or to another Pledged Company.
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom:
(i) the merger, consolidation or amalgamation of any Subsidiary of the Borrower with or into the Borrower, provided the Borrower is the surviving or continuing or resulting corporation;
(ii) the merger, consolidation or amalgamation of any Subsidiary of the Borrower with or into another Subsidiary of the Borrower, provided that the surviving or continuing or resulting corporation is a Wholly-Owned Subsidiary of the Borrower;
(iii) the liquidation, winding up or dissolution of any Subsidiary of the Borrower; and
(iv) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower; shall each be permitted, if after giving effect thereto at least 60% of the Consolidated Total Assets (exclusive of intercompany items) of the Borrower are owned directly by the Borrower and not indirectly through Subsidiaries.
CERTAIN INTERCOMPANY MERGERS, ETC if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Company or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Company it is the surviving or continuing or resulting corporation, or the liquidation or dissolution of any Subsidiary, or (ii) the transfer or other disposition of any property by the Company to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Company or any other Wholly-Owned Subsidiary of the Company;
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom,
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, each of the following shall be permitted: (i) the merger, consolidation or amalgamation of any Domestic Subsidiary of the Company with or into the Company, provided the Company is the surviving or continuing or resulting corporation; (ii) the merger, consolidation or amalgamation of any Domestic Subsidiary of the Company with or into any other Domestic Subsidiary of the Company; and (iii) the transfer or other disposition of any property by any Domestic Subsidiary to the Company or any other Domestic Subsidiary;
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom,
(i) the merger, consolidation or amalgamation of any Subsidiary of the Company with or into the Company, provided the Company is the surviving or continuing or resulting corporation;
(ii) the merger, consolidation or amalgamation of any Domestic Subsidiary of the Company with or into another Domestic Subsidiary of the Company, provided that the surviving or continuing or resulting corporation is a Domestic Subsidiary of the Company which is a Subsidiary Guarantor and a Wholly-Owned Subsidiary of the Company;
(iii) the merger, consolidation or amalgamation of any Foreign Subsidiary of the Company (other than any which is a Borrower hereunder) with or into another Foreign Subsidiary of the Company, provided that the surviving or continuing or resulting corporation is a Wholly-Owned Subsidiary of the Company;
(iv) the liquidation, winding up or dissolution of (x) any Wholly-Owned Subsidiary of the Company; or (y) any other Subsidiary of the Company in an Asset Sale permitted under section 9.2(d); and
(v) the transfer or other disposition of any property by the Company to any Wholly-Owned Subsidiary or by any Subsidiary to the Company or any other Wholly-Owned Subsidiary of the Company, regardless of whether such intercompany transaction would constitute an Asset Sale.
CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default has occurred and is continuing or would result therefrom,
(i) the merger, consolidation or amalgamation of any Domestic Subsidiary with or into the Company or another Subsidiary which is both a Domestic Subsidiary and a Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Company, the Company is the surviving or continuing or resulting corporation;
(ii) the merger, consolidation or amalgamation of any Foreign Subsidiary with or into another Subsidiary which is both a Foreign Subsidiary and a Wholly-Owned Subsidiary;
(iii) the liquidation, winding up or dissolution of any Subsidiary of the Company;
(iv) the transfer or other disposition of any property by the Company to any Domestic Subsidiary which is a Wholly-Owned Subsidiary, or by any Domestic Subsidiary to the Company or to any other Domestic Subsidiary which is a Wholly-Owned Subsidiary of the Company; and
(v) the transfer or other disposition of any property by a Foreign Subsidiary to the Company or to any Domestic Subsidiary, or to another Foreign Subsidiary which is a Wholly-Owned Subsidiary; shall each be permitted, if after giving effect thereto at least 60% of the Consolidated Total Assets of the Company are owned directly by the Company and not indirectly through Subsidiaries.
