Common use of Consolidation and Merger; Asset Acquisitions Clause in Contracts

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will Company shall not consolidate with or merge into any Personother entity, or permit any other Person entity to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other Personentity.

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into itBorrower, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Such Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person; provided, however, that the Lender will not unreasonably withhold its consent to any merger or acquisition.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itthem, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, if such consolidation, merger or acquisition requires aggregate consideration from Borrowers in excess of $1,500,000 in any given calendar year.

Consolidation and Merger; Asset Acquisitions. The Borrower will not dissolve, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Neither Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other PersonPerson other than pursuant to the transaction described on Schedule 6.18 hereto.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other PersonPerson without the written consent of the Lender, which consent shall not be unreasonably withheld.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, unless the Borrower survives as the sole remaining entity.

Consolidation and Merger; Asset Acquisitions. The Except for mergers between entities constituting the Borrower or mergers of a Subsidiary into a Borrower so long as such Borrower is the survivor or such merger, neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The -------------------------------------------- Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not consolidate with or merge into any Personother entity, or permit any other Person entity to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other Personentity, except consolidation or merger of any Subsidiary into another Subsidiary or into the Borrower is permitted, provided the surviving entity is a “Borrower” hereunder.

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Obligors will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Except for mergers between entities constituting the Borrower, neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, other than in accordance with the provisions of Section 6.6(e).

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate or amalgamate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation consolidation, amalgamation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itthem, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Except for the Acquisition, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Borrowers will not consolidate with or merge into any Person, Person or permit any other Person to merge into it, it or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other PersonPerson without the prior written consent of the Lender, which consent shall not be unreasonably withheld.

Consolidation and Merger; Asset Acquisitions. The Except with respect to the Atrix Merger and the SCI Merger, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The -------------------------------------------- Borrower will not be acquired by, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itit (other than the Merger), or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not consolidate with or merge into any Personother entity, or permit any other Person entity to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other Personentity.

Consolidation and Merger; Asset Acquisitions. The Except as provided in Section 7.6 hereof, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower -------------------------------------------- will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Parent Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, except that (i) Borrowers may consummate Permitted Acquisitions, and (ii) a Borrower may merge or consolidate with another Borrower, and a wholly-owned subsidiary of the Borrower may merge or consolidate with the applicable parent.

Consolidation and Merger; Asset Acquisitions. The Except as set forth in Schedule 6.18, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not i. consolidate with or merge into any Person, or permit any other Person to merge into it, or ii. acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other PersonPerson in one or more transactions without thirty (30) days advance prior written notice to and approval by Lenders which shall not be unreasonably withheld.

Consolidation and Merger; Asset Acquisitions. The Borrower -------------------------------------------- will not dissolve, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Except for the Merger, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The --------------------------------------------- Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (all or substantially all the assets of any other Person, whether in a transaction analogous in purpose or effect to a consolidation or merger) all , or substantially all the assets of any other Personotherwise.

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any PersonPerson (other than another of the Borrowers), or permit any other Person (other than another of the Borrowers) to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, except for the merger of any Subsidiary of the Borrower into the Borrower, provided the Borrower survives as the sole remaining entity.

Consolidation and Merger; Asset Acquisitions. The -------------------------------------------- Borrower will not dissolve, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.

Consolidation and Merger; Asset Acquisitions. The No Borrower will not or will permit any Subsidiary to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.