Common use of Consolidations and Mergers Clause in Contracts

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Material Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned whenever acquired), except the Company may consolidate or hereafter acquired) to merge with or in favor into, or sell all or substantially all of its assets to, any Person, exceptPerson if:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:.

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Restricted Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Restricted Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary (other than any Project Finance Subsidiary or any International Subsidiary) to, merge, merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of of, any Person, except:

Consolidations and Mergers. The Company Holdings shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate or amalgamate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Material Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Significant Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, exceptexcept that, so long as no Default or Event of Default exists immediately before and after giving effect to such transaction:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Material Subsidiary or any Borrowing Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of acquire (whether in one transaction or in a series of transactions) all or substantially all of its the assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor favour of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not -------------------------- suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, -------------------------- consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned whenever acquired), and the Company shall not allow any of its Subsidiaries to merge or hereafter acquired) to consolidate with or in favor into any other Person except the Company or another Subsidiary of the Company, except the Company may consolidate or merge with or into, or sell all or substantially all of its assets to, any Person, exceptPerson if:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned whenever acquired), and the Company shall not allow any of its Subsidiaries to merge or hereafter acquired) to consolidate with or in favor into any other Person except another Subsidiary of the Company, except the Company may consolidate or merge with or into, or sell all or substantially all of its assets to, any Person, exceptPerson if:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned whenever acquired), and the Company shall not allow any of its U.S. Subsidiaries to, and shall use commercially reasonable efforts not to allow its Non-U.S. Subsidiaries to, merge or hereafter acquired) to consolidate with or in favor into any other Person except the Company or another Subsidiary of any Person, except:the Company.

Consolidations and Mergers. The Company shall not, and shall not -------------------------- suffer or permit any Subsidiary of its Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company Companies shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, exceptexcept that upon not less than five (5) Business Days prior written notice to Purchasers:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary of its Subsidiaries to, merge, dissolve, liquidate, consolidate with or into, into another Person or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, exceptexcept that, so long as no Default exists or would result therefrom:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Restricted Subsidiary to, merge, merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of of, any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Material Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, -------------------------- and shall not suffer or permit any Significant Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, or to liquidate or dissolve its business, except:

Consolidations and Mergers. The Holdings and the Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or -------------------------- permit any Significant Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except:

Consolidations and Mergers. The Company shall not, and shall not --------------------------- suffer or permit any Subsidiary of its Material Subsidiaries to, directly or indirectly, liquidate, dissolve, merge, amalgamate, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Restricted Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall -------------------------- not suffer or permit any Restricted Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Neither Company shall, nor shall not, and shall not it suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and -------------------------- shall not suffer or permit any Significant Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any other Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:: 41

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or transactions substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and nor shall not suffer or it permit any Subsidiary of its Subsidiaries to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of 58 68 (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of enter into any PersonJoint Venture or partnership with, any Person except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter whenever acquired) or liquidate, and shall not allow any of its Subsidiaries to merge or in favor of consolidate with or into any other Person, except:except the Company may consolidate or merge with another Subsidiary of the Company.

Consolidations and Mergers. The Company shall not, and -------------------------- shall not suffer or permit any Subsidiary to, merge, merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of of, any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:or make any Acquisition of any Person, except that, upon the Bank's written approval, the Borrowers may purchase PERSIs and consummate the Acquisition of Bricoleur Capital Management, Inc.

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, or make any Acquisition except:

Consolidations and Mergers. The Company Companies shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) transactions all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not -------------------------- suffer or permit any Subsidiary of its Material Subsidiaries to, directly or indirectly, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of of, any Person, except:

Consolidations and Mergers. The Company shall not, and shall not -------------------------- suffer or permit any Subsidiary of its Material Subsidiaries to, directly or indirectly, liquidate, dissolve, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except:of

Consolidations and Mergers. The Company shall not, and shall not suffer or permit any Subsidiary to, merge, consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) , all or substantially all of its assets (whether now owned or hereafter acquired) to or in favor of any Person, except: