Common use of CONSOLIDATION, MERGER, AMALGAMATION OR SALE Clause in Contracts

CONSOLIDATION, MERGER, AMALGAMATION OR SALE. (a) Except in connection with a disposition of assets permitted by the terms of Section 8.4(b), the Credit Parties will not permit any Consolidated Party to dissolve, liquidate or wind up their affairs, or merge, consolidate or amalgamate; provided that, notwithstanding the foregoing provisions of this Section 8.4(a) but subject to the terms of Sections 7.12 and 7.13, (i) Airgas may merge, consolidate or amalgamate with any of its Subsidiaries so long as (A) Airgas is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (ii) any Canadian Borrower may merge, consolidate or amalgamate with any of its wholly-owned Subsidiaries so long as (A) such Canadian Borrower is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iii) any Credit Party (other than a Borrower) may merge, consolidate or amalgamate with any other Credit Party (other than a Borrower), so long as (A) to the extent a U.S. Subsidiary Guarantor is a party to such transaction, a U.S. Subsidiary Guarantor is the surviving Person and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iv) any Subsidiary of Airgas which is not a Credit Party may merge, consolidate or amalgamate with any other Subsidiary of Airgas, so long as (A) to the extent a Credit Party is a party to such transaction, such Credit Party is the surviving Person and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (v) Airgas or any of its Subsidiaries (other than Canadian Subsidiaries) may merge or consolidate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as Airgas or such Subsidiary is the surviving Person, (vi) a Canadian Borrower may amalgamate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as the corporation resulting from such amalgamation is in compliance with all covenants contained in this Credit Agreement and (vii) any Subsidiary of any Credit Party of which 85% or more of the Capital Stock or other equity interests is owned by such Credit Party (directly or indirectly through Subsidiaries) may dissolve, liquidate or wind up its affairs at any time; provided, however, a Consolidated Party that is not identified on Schedule 1.1A may not merge, consolidate or amalgamate with any Person identified on Schedule 1.1A in connection with or in contemplation of an Asset Disposition of the Capital Stock of or all or substantially all of the assets of the surviving entity permitted by clause (xii) of the definition of "Excluded Asset Disposition"; or

CONSOLIDATION, MERGER, AMALGAMATION OR SALE. (a) Except in connection with a disposition of assets permitted by the terms of Section 8.4(b), the Credit Parties will not permit any Consolidated Party to dissolve, liquidate or wind up their affairs, or merge, consolidate or amalgamate; provided that, notwithstanding the foregoing provisions of this Section 8.4(a) but subject to the terms of Sections 7.12 and 7.13, (i) Airgas may merge, consolidate or amalgamate with any of its Subsidiaries so long as (A) Airgas is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (ii) any Canadian Borrower may merge, consolidate or amalgamate with any of its wholly-owned Subsidiaries so long as (A) such Canadian Borrower is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iii) any Foreign Borrower may merge, consolidate or amalgamate with any of its wholly-owned Subsidiaries so long as (A) such Foreign Borrower is the surviving Person and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iv) any Credit Party (other than a Borrower) may merge, consolidate or amalgamate with any other Credit Party (other than a Borrower), so long as (A) to the extent a U.S. Subsidiary Guarantor is a party to such transaction, a U.S. Subsidiary Guarantor is the surviving Person and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (ivv) any Subsidiary of Airgas which is not a Credit Party may merge, consolidate or amalgamate with any other Subsidiary of Airgas, so long as (A) to the extent a Credit Party is a party to such transaction, such Credit Party is the surviving Person and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (vvi) Airgas or any of its Subsidiaries (other than Canadian Subsidiaries) may merge or consolidate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as Airgas or such Subsidiary is the surviving Person, (vivii) a Canadian Borrower may amalgamate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as the corporation resulting from such amalgamation is in compliance with all covenants contained in this Credit Agreement and (viiviii) any Subsidiary of any Credit Party of which 85% or more of the Capital Stock or other equity interests is owned by such Credit Party (directly or indirectly through Subsidiaries) may dissolve, liquidate or wind up its affairs at any time; provided, however, a Consolidated Party that is not identified on Schedule 1.1A may not merge, consolidate or amalgamate with any Person identified on Schedule 1.1A in connection with or in contemplation of an Asset Disposition of the Capital Stock of or all or substantially all of the assets of the surviving entity permitted by clause (xiixiii) of the definition of "“Excluded Asset Disposition"”; or

CONSOLIDATION, MERGER, AMALGAMATION OR SALE. (a) Except in connection with a disposition of assets permitted by the terms of Section 8.4(b), the Credit Parties will not permit any Consolidated Party to dissolve, liquidate or wind up their affairs, or merge, consolidate or amalgamate; provided that, notwithstanding the foregoing provisions of this Section 8.4(a) but subject to the terms of Sections 7.12 and 7.13, (i) Airgas may merge, consolidate or amalgamate with any of its Subsidiaries so long as (A) Airgas is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (ii) any Canadian Borrower may merge, consolidate or amalgamate with any of its wholly-owned Subsidiaries so long as (A) such Canadian Borrower is the surviving corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iii) any Credit Party (other than a Borrower) may merge, consolidate or amalgamate with any other Credit Party (other than a Borrower), so long as (A) to the extent a U.S. Subsidiary Guarantor is a party to such transaction, a such U.S. Subsidiary Guarantor is the surviving Person corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (iv) any Subsidiary of Airgas which is not a Credit Party may merge, consolidate or amalgamate with any other Subsidiary of Airgas, so long as (A) to the extent a Credit Party is a party to such transaction, such Credit Party is the surviving Person corporation and (B) no Default or Event of Default shall have occurred and be continuing at the time of such merger, consolidation or amalgamation or shall result upon giving effect thereto, (v) Airgas or any of its Subsidiaries (other than Canadian Subsidiaries) may merge or consolidate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as Airgas or such Subsidiary is the surviving Personcorporation, (vi) a Canadian Borrower may amalgamate with any other Person that is not a Consolidated Party in connection with a Permitted Acquisition so long as the corporation resulting from such amalgamation is in compliance with all covenants contained in this Credit Agreement and (vii) any Subsidiary of any Credit Party of which 85% or more of the Capital Stock or other equity interests is owned by such Credit Party (directly or indirectly through Subsidiaries) may dissolve, liquidate or wind up its affairs at any time; provided, however, a Consolidated Party that is not identified on Schedule 1.1A 1.1B may not merge, consolidate or amalgamate with any Person identified on Schedule 1.1A 1.1B in connection with or in contemplation of an Asset Disposition of the Capital Stock of or all or substantially all of the assets of the surviving entity permitted by clause (xii) of the definition of "Excluded Asset Disposition"; or