Common use of Certain Requirements in Respect of Combination Clause in Contracts

Certain Requirements in Respect of Combination. Subject to Section 11.3, SMTC shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertakings, property and assets would become the property of any other person or, in the case of a merger, of the continuing corporation resulting therefrom unless, but may do so if:

Certain Requirements in Respect of Combination. Subject to Section 11.3, SMTC shall not consummate any transaction (whether by way of reconstruction, reorganization, consolidation, merger, transfer, sale, lease or otherwise) whereby all or substantially all of its undertakingsundertaking, property and assets would become the property of any other person Person or, in the case of a merger, of the continuing corporation resulting therefrom unless, but may do so if: