Consolidation, Merger, Sale. If there shall occur (i) any consolidation or merger of the Company with another entity in which the Company is not the surviving entity or (ii) any sale, transfer or other disposition of all or substantially all of the Company’s assets to another entity, then, as a condition of such consolidation, merger, sale, transfer or other disposition, the Company shall make lawful and adequate provision whereby the Holder shall thereafter have the right to purchase and receive upon the basis and upon the terms and conditions herein specified and in lieu of the Warrant Shares immediately theretofore issuable under this Warrant, such shares of stock, securities or assets (or any combination thereof) as would have been issuable or payable with respect to, or in exchange for, the number of Warrant Shares immediately theretofore issuable upon exercise of this Warrant, had such consolidation, merger, sale, transfer or other disposition not taken place, and, in any such case, appropriate provision shall be made with respect to the rights and interests of the Holder so that the provisions hereof (including, without limitation, provision for adjustment of the Warrant Price and of the number of Warrant Shares) shall thereafter be applicable, as nearly equivalent as may be practicable in relation to any shares of stock, securities or properties thereafter deliverable upon the exercise thereof. The Company shall not effect any such consolidation, merger, sale, transfer or other disposition unless prior to or simultaneously with the consummation thereof the successor entity resulting from such consolidation or merger, or the entity purchasing or otherwise acquiring such assets or other appropriate entity shall assume (1) the obligation to deliver to the Holder such shares of stock, securities or assets as, in accordance with the foregoing provisions, such Holder may be entitled to purchase, and (2) the Company’s other obligations under this Warrant. The provisions of this Article 4.3 shall similarly apply to successive consolidations, mergers, sales, transfers or other dispositions.
Consolidation, Merger, Sale. Conveyance and Lease), shall include its successors and assigns.
Consolidation, Merger, Sale. Conveyance and Lease), the Company shall do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence. The Company shall promptly provide the Trustee with written notice of any change to its name, jurisdiction of incorporation or change to its corporate organization.
Consolidation, Merger, Sale. Conveyance And Lease
Consolidation, Merger, Sale or Purchase of Assets, -------------------------------------------------- Capital Expenditures, etc. --------------------------
Consolidation, Merger, Sale or Purchase of Assets, etc. Whether in one transaction or a series of transactions, wind up, liquidate or dissolve its affairs, or enter into any transaction of merger or consolidation, or sell or otherwise dispose of all or substantially all of its property, stock or assets or agree to do or suffer any of the foregoing except that a Corporate Guarantor may merge with and into (i) the Borrower or (ii) another Corporate Guarantor.
Consolidation, Merger, Sale. OR CONVEYANCE SECTION 9.1 Company May Consolidate, Etc ..............................66 SECTION 9.2
Consolidation, Merger, Sale or Purchase of Assets, -------------------------------------------------- etc. --- No Credit Party will, nor will it permit any Subsidiary to,
Consolidation, Merger, Sale or Conveyance Section 10.01. Company May Consolidate, etc. on Certain Terms........... 48 Section 10.02.
Consolidation, Merger, Sale. CONVEYANCE AND LEASE Section 10.01. Issuer May Consolidate on Certain Terms .......................................................... 45 Section 10.02. Issuer Successor to Be Substituted ....................................................................... 46 Section 10.03. Guarantor May Consolidate on Certain Terms ................................................... 46 Section 10.04. Guarantor Successor to Be Substituted ............................................................... 47 Section 10.05.
