Common use of Covenant Not to Consolidate, Merge, Convey, Transfer or Lease Property Except under Certain Conditions Clause in Contracts

Covenant Not to Consolidate, Merge, Convey, Transfer or Lease Property Except under Certain Conditions. The Company shall not consolidate or merge with or into any other entity, or sell, transfer, lease or otherwise convey its properties and assets as an entirety or substantially as an entirety to any entity, unless: (i) (a) it is the continuing entity (in the case of a merger), or (b) if it is not the continuing entity, the successor entity formed by such consolidation or into which it is merged or which acquires by sale, transfer, lease or other conveyance of its properties and assets, as an entirety or substantially as an entirety, is a corporation organized and existing under the laws of the United States of America or any state thereof, the District of Columbia or any territory thereof, and expressly assumes, by a supplement to this Agreement, all obligations of the Company under this Agreement; and (ii) immediately after giving effect to the transaction, no default, and no event which after notice or lapse of time or both would become a default under this Agreement or the Purchase Contracts, has or will have occurred and be continuing.

Covenant Not to Consolidate, Merge, Convey, Transfer or Lease Property Except under Certain Conditions. The Company shall covenants that it will not consolidate or merge with or into and into, consolidate with any other entity, Person or sell, assign, transfer, lease or otherwise convey all or substantially all of its properties and assets as an entirety or substantially as an entirety to any entityPerson, unless: (i) (a) it is the continuing entity (in the case of a merger), or (b) if it is not the continuing entity, the successor entity formed by to such consolidation or into which it is merged merger, or the entity which acquires by sale, transfer, lease all or other conveyance substantially all of its properties and the Company’s assets, as an entirety shall expressly assume all of the Company’s obligations under the Purchase Contracts and this Agreement via a supplement to this Agreement; (ii) the successor entity to such consolidation or merger, or the entity which acquires all or substantially as an entiretyall of the Company’s assets, is shall be a corporation organized and existing under the laws of the United States of America or any state thereof, thereof or the District of Columbia or any territory thereof, and expressly assumes, by a supplement to this Agreement, all obligations of the Company under this AgreementColumbia; and (iiiii) immediately after giving effect to the transactionmerger, consolidation, sale, assignment, transfer, lease or conveyance, no default, default has occurred and no event which after notice or lapse of time or both would become a default is continuing under this Agreement or the Purchase Contracts, has Contracts or will have occurred and be continuingthis Agreement.

Covenant Not to Consolidate, Merge, Convey, Transfer or Lease Property Except under Certain Conditions. The Company shall not consolidate or merge with or into any other entity, or sell, transfer, lease or otherwise convey its properties and assets as an entirety or substantially as an entirety to any entity, unless: (i) (a) it is the continuing entity (in the case of a merger), or (b) if it is not the continuing entity, the successor entity formed by such consolidation or into which it is merged or which acquires by sale, transfer, lease or other conveyance of its properties and assets, as an entirety or substantially as an entirety, is a corporation organized and existing under the laws of the United States of America or any state thereof, State thereof or the District of Columbia or any territory thereofColumbia, and expressly assumes, by a supplement to this Agreement, all obligations of the Company under this Agreement; and (ii) immediately after giving effect to the transaction, no default, and no event which after notice or lapse of time or both would become a default under this Agreement or the Purchase Contracts, has or will have occurred and be continuing.

Covenant Not to Consolidate, Merge, Convey, Transfer or Lease Property Except under Certain Conditions. The Company shall covenants that it will not consolidate or merge with or into and into, consolidate with any other entity, Person or sell, assign, transfer, lease or otherwise convey its properties and assets as an entirety all or substantially as an entirety all of its assets to any entityPerson, unless: (i) (a) it is the continuing entity (in the case of a merger), or (b) if it is not the continuing entity, the successor entity formed by to such consolidation or into which it is merged merger, or the entity which acquires by sale, transfer, lease all or other conveyance substantially all of its properties and the Company’s assets, as an entirety shall expressly assume all of the Company’s obligations under the Purchase Contracts and this Agreement via a supplement to this Agreement; (ii) the successor entity to such consolidation or merger, or the entity which acquires all or substantially as an entiretyall of the Company’s assets, is shall be a corporation organized and existing under the laws of the United States of America or any state thereof, thereof or the District of Columbia or any territory thereof, and expressly assumes, by a supplement to this Agreement, all obligations of the Company under this AgreementColumbia; and (iiiii) immediately after giving effect to the transactionmerger, consolidation, sale, assignment, transfer, lease or conveyance, no default, default has occurred and no event which after notice or lapse of time or both would become a default is continuing under this Agreement or the Purchase Contracts, has Contracts or will have occurred and be continuingthis Agreement.