Common use of Consolidation, Merger, Sale or Purchase of Assets, etc Clause in Contracts

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person (or agree to do any of the foregoing at any future time), except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and nor will not permit any of its respective Subsidiaries to, wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business)assets, or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Material Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all or any part of its property or assets (other than inventory including the sale of capital stock of any of its Material Subsidiaries, but excluding any sale or disposition of property or assets in the ordinary course Ordinary Course of businessBusiness), or enter into any partnershipspurchase, joint ventures or sale-leaseback transactions, or purchase lease or otherwise acquire (in one transaction or a series of related transactions) all or any part of the property or assets of any Person (other than purchases excluding any purchases, leases or other acquisitions of inventoryproperty or assets in, materials and equipment in for use in, the ordinary course Ordinary Course of businessBusiness) of any Person or agree to do any of the foregoing at any future timetime (unless expressly made subject to the consent of the Required Banks), except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all, substantially all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase purchase, lease or otherwise acquire (in one transaction or a series of related transactions) all or any part of the property or assets of any Person (other than purchases or other acquisitions of inventory, materials and equipment inventory in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Company will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all, substantially all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase purchase, lease or otherwise acquire (in one transaction or a series of related transactions) all or any part of the property or assets of any Person (other than purchases or other acquisitions of inventory, materials and equipment inventory in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Material Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all or any part of its property or assets (other than inventory including the sale of capital stock of any of its Material Subsidiaries, but excluding any sale or disposition of property or assets in the ordinary course Ordinary Course of businessBusiness), or enter into any partnershipspurchase, joint ventures or sale-leaseback transactions, or purchase lease or otherwise acquire (in one transaction or a series of related transactions) all or any part of the property or assets of any other Person (other than purchases excluding any purchases, leases or other acquisitions of inventoryproperty or assets in, materials and equipment in for use in, the ordinary course Ordinary Course of businessBusiness) of any Person or agree to do any of the foregoing at any future timetime (unless expressly made subject to the consent of the Required Banks), except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings will not, and will not permit any of its Subsidiaries to, wind upup its affairs, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The ------------------------------------------------------- Borrower will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials materials, general intangibles and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all or any part of its property or assets (other than inventory inventory, obsolete equipment, excess equipment no longer needed in the conduct of business or equipment being replaced with other equipment, in each case in the ordinary course of business)) or purchase, or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase lease or otherwise acquire (in one transaction or a series of related transactions) all or any part of the property or assets of any Person (other than purchases purchases, leases or other acquisitions of inventory, materials inventory and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The ------------------------------------------------------ Borrower will not, and will not permit any of its Subsidiaries Consolidated Entities to, wind up, liquidate or dissolve its affairs or enter into any transaction of merger or consolidation, or convey, sell, lease or otherwise dispose of all or any part of its property or assets (other than inventory in the ordinary course of business), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person or agree to do any of the foregoing at any future time, except that the following shall be permitted:

Consolidation, Merger, Sale or Purchase of Assets, etc. Holdings The Borrower will not, and will not permit any of its Subsidiaries to, wind up, liquidate or dissolve its affairs affairs, or enter into any transaction of merger or consolidation, or convey, sell, lease sell or otherwise dispose of all or any part of its property or assets (including, without limitation, capital stock or other than inventory in the ordinary course of businesssecurities of, or equity interests in, another Person), or enter into any partnerships, joint ventures or sale-leaseback transactions, or purchase purchase, lease or otherwise acquire (in one all or a series of related transactions) any part of the property or assets of any Person (other than leases, purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person ), or agree to do any of the foregoing at any future time, except that the following shall be permitted: