Common use of Consolidation, Merger or Reorganization Clause in Contracts

Consolidation, Merger or Reorganization. Enter into any transaction of merger or consolidation except that (i) a Restricted Subsidiary may merge into the Borrower or another Restricted Subsidiary, and (ii) the Borrower may merge or consolidate with any corporation organized under the laws of any state in the United States so long as (A) the resulting or surviving entity expressly assumes the obligations of the Borrower under this Agreement and the Notes, (B) no Default or Event of Default exists hereunder after giving effect to such merger or consolidation, (C) the Borrower will be in compliance with the financial covenants set forth in Sections 5.1 (l) and (m) on a pro forma basis after giving effect to such merger or consolidation and (D) each Lender consents to such merger or consolidation (such consent not to be unreasonably withheld).

Consolidation, Merger or Reorganization. Enter into any transaction of merger or consolidation except that (i) a Restricted Subsidiary may merge into the Borrower or another Restricted Subsidiary, and (ii) the Borrower may merge or consolidate with any corporation organized under the laws of any state in the United States so long as (A) the resulting or surviving entity expressly assumes the obligations of the Borrower under this Agreement and the Revolving Notes, (B) no Default or Event of Default exists hereunder after giving effect to such merger or consolidation, (C) the Borrower will be in compliance with the financial covenants set forth in Sections 5.1 (l) and (m) on a pro forma basis after giving effect to such merger or consolidation and (D) each Lender consents to such merger or consolidation (such consent not to be unreasonably withheld).

Consolidation, Merger or Reorganization. Enter into any transaction of merger or consolidation except that (i) a Restricted Subsidiary may merge into the Borrower or another Restricted Subsidiary, and (ii) the Borrower may merge or consolidate with any corporation organized under the laws of any state in the United States so long as (A) the resulting or surviving entity expressly assumes the obligations of the Borrower under this Agreement and the Revolving Notes, (B) no Default or Event of Default exists hereunder after giving effect to such merger or consolidation, (C) the Borrower will be in compliance with the financial covenants set forth in Sections 5.1 (l), (m) and (mn) on a pro forma basis after giving effect to such merger or consolidation and (D) each Lender consents to such merger or consolidation (such consent not to be unreasonably withheld).