Common use of Fundamental Change Clause in Contracts

Fundamental Change. Seller consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to, another Person and at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee Person fails to assume all the obligations of Seller under this Agreement and all Ancillary Documents to which it is a party pursuant to an agreement satisfactory to Buyer.

Fundamental Change. Seller consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to, another Person and and, at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee Person (the “Successor Entity”) fails to assume all the obligations of Seller under this Agreement and all Ancillary Documents to which it is a party pursuant to an agreement satisfactory to BuyerAgreement.