Common use of CERTAIN INTERCOMPANY MERGERS, ETC Clause in Contracts

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 Potential Event of 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) the Borrower with or into Lessee or the ParentBorrower, PROVIDED Lessee or the Parent Borrower is the surviving or continuing or resulting corporation; (ii) the Reorganization; merger, consolidation or amalgamation of any Domestic Subsidiary of the Borrower with or into another Domestic Subsidiary of the Borrower, PROVIDED that the surviving or continuing or resulting corporation is a Domestic Subsidiary of the Borrower which is a Subsidiary Guarantor and a Wholly-Owned Subsidiary of the Borrower; (iii) the merger, consolidation or amalgamation of any Foreign Subsidiary of the Parent Borrower (other than Lesseeany which is the Borrower hereunder) or any Subsidiary of Lessee that is not a Pledged Company with or into another Foreign Subsidiary of the Parent (other than Lessee) or another Subsidiary of LesseeBorrower, 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 LesseeBorrower; (iiiiv) the liquidation, winding up or dissolution of (x) any Wholly-Owned Subsidiary of the Parent Borrower; or (y) any other than Lessee) or any Subsidiary of Lessee, other than a Material Subsidiary;the Borrower in an Asset Sale permitted under section 9.2(d); and (ivv) 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 Borrower 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 Subsidiary to the Parent Borrower or Lessee or to another Pledged Companyany other Wholly-Owned Subsidiary of the Borrower, regardless of whether such intercompany transaction would constitute an Asset Sale.

CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Potential Event of 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 Lesseeany Subsidiary party to the New Security Agreement) of the Company with or into Lessee or the ParentCompany, PROVIDED Lessee or the Parent Company is the surviving or continuing or resulting corporation; (ii) the Reorganization; merger, consolidation or amalgamation of any Domestic Subsidiary of the Company (other than any Domestic Subsidiary party to the New Security Agreement) 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 Parent Company (other than Lessee) any which is a Borrower hereunder or any Subsidiary of Lessee that which is not a Pledged Company party to the New Security Agreement) with or into another Foreign Subsidiary of the Parent (other than Lessee) or another Subsidiary of LesseeCompany, 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 LesseeCompany; (iiiiv) the liquidation, winding up or dissolution of (x) any Wholly-Owned Subsidiary of the Parent Company (other than Lessee) or any Subsidiary party to the New Security Agreement); or (y) any other Subsidiary of Lessee, other than a Material Subsidiary;the Company in an Asset Sale permitted under section 9.2(d); and (ivv) 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 Company 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 Subsidiary (other than any Subsidiary party to the Parent New Security Agreement) to the Company or Lessee or to another Pledged any other Wholly-Owned Subsidiary of the Company, regardless of whether such intercompany transaction would constitute an Asset Sale of the Company, regardless of whether such intercompany transaction would constitute an Asset Sale.