Common use of Consolidations, Mergers and Sales of Assets Clause in Contracts

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that, unless: the Borrower may merge with another Person if (iA) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to the transactionsuch merger, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); PROVIDED that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person, unless: (i) immediately after giving effect to ; provided that the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which Borrower may merge with another Person if the Borrower is the surviving corporation:corporation and, after giving effect thereto, no Default exists.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that the Borrower may merge with another Person if the Borrower is the entity surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Such Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary of such Borrower); provided that such Borrower may merge with another Person if such Borrower is the Person surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (ia) consolidate or merge with or into any other Person person or (iib) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of its assets to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:person.

Consolidations, Mergers and Sales of Assets. The No Borrower will not shall (i) consolidate or merge with or into any other Person or (ii) sell, lease sell or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except as otherwise contemplated in the case of a merger in which the Borrower is the surviving corporation:this Agreement.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other Person, unless: ; provided that the Borrower may merge with another Person if (iA) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to the transactionsuch merger, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not not, without the prior written consent of the Required Banks: (i) consolidate or merge with or into any other Person; provided that the Borrower may merge with another Person if (x) the Borrower is the surviving corporation and (y) on the effective date of such consolidation or merger, and immediately after giving effect thereto, no Default shall have occurred or be continuing, or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person, unless: provided that the Borrower may merge with another Person if (iA) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to the transactionsuch merger, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person, unless: Person (iother than property held for sale in the ordinary course of business); provided that the Borrower may merge with another Person if (A) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to the transactionsuch merger, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Such Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that such Borrower may merge with another Person if such Borrower is the Person surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The No Borrower will not (i) merge or consolidate or merge with or into any other non-affiliated Person or (ii) sell, lease lease, transfer or otherwise transfer, directly or indirectly, all or dispose of substantially all of its assets as an entirety to any other Person, Person unless: (ia) the Person surviving the merger or consolidation is the applicable Borrower; and (b) immediately after giving effect to the transactionany such action, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person, unless: ; provided that the Borrower may (iA) merge with another Person if (1) the Borrower is the corporation surviving such merger and (2) immediately after giving effect to the transactionsuch merger, no Default shall have occurred and be continuing; and continuing and (iiB) except in the case of a merger in which the Borrower is the surviving corporation:sell Margin Stock for fair value.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) Borrower and each Guarantor shall not consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person, unless: Person unless (ia) immediately after giving effect to the transaction, no Default or Event of Default shall have occurred and be continuing; and continuing immediately before and immediately after such transaction and (iib) except in the case of a merger in which the consolidation or merger, Borrower is the surviving corporation:survivor of such transaction.

Consolidations, Mergers and Sales of Assets. The Borrower ------------------------------------------- will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) merge or consolidate or merge with or into any other non-affiliated Person or (ii) sell, lease lease, transfer or otherwise transfer, directly or indirectly, all or dispose of substantially all of its assets as an entirety to any other Person, Person unless: (ia) the Person surviving the merger or consolidation is the Borrower; and (b) immediately after giving effect to the transactionany such action, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which provided that the Borrower is the surviving corporation:may merge with another Person if the

Consolidations, Mergers and Sales of Assets. The Borrower ------------------------------------------- will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other Person, unless: Person or Persons; provided that the -------- Borrower may merge with another Person if (iA) immediately the Borrower is the entity surviving such merger and (B) after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:occurred.

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person; provided that the Borrower may merge with another Person or if (iiA) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to such merger no Default shall have occurred and be continuing. The Borrower and its Subsidiaries will not sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets to any other Person, unless: (i) immediately after giving effect to the transaction, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:and its Subsidiaries, taken as a whole, to any

Consolidations, Mergers and Sales of Assets. The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge with another Person if the Borrower is the corporation surviving such merger and, unless: (i) immediately after giving effect to the transactionthereto, no Default shall have occurred and be continuing; and (ii) except in the case of a merger in which the Borrower is the surviving corporation:.