Common use of CERTAIN INTERCOMPANY MERGERS, ETC Clause in Contracts

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 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-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) consolidated total assets 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 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 BorrowerBorrower and provided, further, that a party to such merger, consolidation or amalgamation is a Subsidiary Guarantor, the surviving or continuing or resulting corporation is a Subsidiary Guarantor; (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 the other Credit Parties and not indirectly through SubsidiariesSubsidiaries that are not Credit Parties.

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 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 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-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 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; (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) consolidated total assets 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 of the Borrower with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, provided the Borrower is the surviving or continuing or resulting corporation; ; (ii) the merger, consolidation liquidation or amalgamation dissolution 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 (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 Wholly-Owned 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, shall each be permitted.