Common use of Consolidation, Merger, Sale, etc Clause in Contracts

Consolidation, Merger, Sale, etc. (a) Lessee shall not consolidate with any Person, merge with or into any Person or convey, transfer or lease to any Person all or substantially all of its assets in any single transaction (or series of related transactions) unless immediately after giving effect to such transaction, each of the conditions set forth in clauses (i) through (vi) below shall have been satisfied or, in the case of clause (vi) below, waived by each Participant, which waiver shall not be unreasonably withheld or delayed:

Appears in 3 contracts

Samples: Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc), Participation Agreement (Electric Lightwave Inc)

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Consolidation, Merger, Sale, etc. (a) Lessee shall not consolidate with any Person, merge with or into any Person or convey, transfer or lease to any Person (except as permitted by Section 12.1 of the Lease) all or substantially all of its assets in any single transaction (or series of related transactions) unless ), unless, immediately after giving effect to such transaction, each of the conditions set forth in clauses (i) through (viv) below shall have been satisfied or, in the case of clause (vi) below, waived by each Participant, which waiver shall not be unreasonably withheld or delayedsatisfied:

Appears in 1 contract

Samples: Participation Agreement (Genesis Health Ventures Inc /Pa)

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