Common use of Fundamental Changes; Disposition of Assets Clause in Contracts

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 20,000,000, in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower Borrowers shall not, nor shall it they permit any of its their respective Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined in good faith by the Parent Borrower) in excess of $3,000,000 3,500,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Other than the Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 25,000,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 50,000,000 in the aggregate for all such transactionstransactions per year, except:

Fundamental Changes; Disposition of Assets. The Other than the Acquisition and the other Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 5,000,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 10,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Other than the Closing Date Merger and the other Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 1,750,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 7,500,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Administrative Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 30,000,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 60,000,000 in the aggregate for all such transactionstransactions in any Fiscal Year, except:

Fundamental Changes; Disposition of Assets. The Other than the Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 2,000,000 in a single transaction or in a series of related transactions or (including, in excess of $5,000,000 in the aggregate for all such transactionseach case, pursuant to a Delaware LLC Division), except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of mergermerge, consolidation or amalgamationconsolidate, amalgamate, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any voluntary Disposition of any assets outside the ordinary course of business having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 2,000,000 in a any single transaction or in a series of related transactions or (including, in excess of $5,000,000 in the aggregate for all such transactionseach case, pursuant to a Delaware LLC Division), except:: 148

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation merger or amalgamationconsolidation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of the greater of (i) $3,000,000 7,000,000 and (ii) 6.00% of Consolidated Adjusted EBITDA of the Borrower as of the last day of the most recently ended Test Period for which financial statements are available, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower Borrowers shall not, nor shall it they permit any of its Restricted their respective Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 1,000,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Other than the Acquisition, the Closing Date Merger and the other Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 20,000,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 50,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower Borrowers shall not, nor shall it they permit any of its Restricted their respective Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 1,200,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 5,000,000, in a single transaction or in a series of related transactions or transactions, and in excess of $5,000,000 10,000,000 in the aggregate for all such transactionstransactions in any Fiscal Year, except:: 172

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined in good faith by the Borrower) in excess of $3,000,000 10,000,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:: 161

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 3,000,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its the Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined in good faith by the Borrower) in excess of $3,000,000 10,000,000, in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:: 148

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its the Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined in good faith by the Borrower) in excess of $3,000,000 5,000,000, in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Other than the Acquisition and the other Transactions, the Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 6,250,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 12,500,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation merger or amalgamationconsolidation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of the greater of (i) $3,000,000 8,400,000 and (ii) 7.20% of Consolidated Adjusted EBITDA of the Borrower as of the last day of the most recently ended Test Period for which financial statements are available, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation merger or amalgamationconsolidation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 2,500,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of the greater of $3,000,000 147,500,000 and 25% of Consolidated Adjusted EBITDA as of the last day of the most recently ended Test Period in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries or any other Loan Parties to, enter into any transaction of merger, consolidation merger or amalgamationconsolidation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 1,700,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Administrative Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or 161 dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 30,000,000 in a single transaction or in a series of related transactions or and in excess of $5,000,000 60,000,000 in the aggregate for all such transactionstransactions in any Fiscal Year, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 25,000,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined in good faith by the Borrower) in excess of $3,000,000 10,000,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:: 167

Fundamental Changes; Disposition of Assets. The No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries or any other Loan Parties to, enter into any transaction of merger, consolidation merger or amalgamationconsolidation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 €1,500,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of $3,000,000 2,500,000, in a single transaction or in a related series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except:

Fundamental Changes; Disposition of Assets. The Borrower Representative shall not, nor shall it permit any of its Restricted Subsidiaries to, enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve themselves (or suffer any liquidation or dissolution), or make any Disposition of any assets having a fair market value (as reasonably determined by the Borrower) in excess of of, $3,000,000 30,000,000 in a single transaction or in a series of related transactions or in excess of $5,000,000 in the aggregate for all such transactions, except: