Common use of Fundamental Changes, Line of Business Clause in Contracts

Fundamental Changes, Line of Business. (a) The Loan Parties will not, and will not permit any of their Subsidiaries to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Subsidiary may merge into the Borrower in a transaction in which the Borrower is the surviving corporation, (ii) any Subsidiary of the Borrower may merge with or into any Subsidiary in a transaction in which the surviving entity is a Subsidiary of the Borrower and (if any party to such merger is a Subsidiary Loan Party) is a Subsidiary Loan Party, (iii) Permitted Acquisitions as permitted by Section 6.04 (vii) of this Agreement may be consummated and (iv) the Permitted Restructuring may be consummated; provided that in connection with the foregoing, the appropriate Loan Parties shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11 and 5.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Loan Parties will shall not, and will shall not permit any of their Subsidiaries to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any wholly-owned Subsidiary may merge into the Borrower in a transaction in which the Borrower is the surviving corporation, (ii) any wholly-owned Subsidiary of the Borrower may merge with or consolidate into any wholly-owned Subsidiary in a transaction in which the surviving entity is a Subsidiary of the Borrower and (if any party to such merger is a Subsidiary Loan Party) is a Subsidiary Loan PartyParty (if it would be required to be so pursuant to Section 5.16), (iii) any Permitted Acquisitions as permitted by Section 6.04 (vii) of this Agreement Acquisition may be consummated and so long as the surviving person is Borrower or a Subsidiary Loan Party (iv) the Permitted Restructuring may if it would be consummatedrequired to be so pursuant to Section 5.16); provided that in connection with the foregoing, the appropriate Loan Parties shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents Pledge Agreements and otherwise comply with the provisions of Sections 5.11 5.11, 5.12 and 5.125.16, in each case, case on the terms set forth therein and to the extent applicableapplicable and (iv) any Non-Loan Party may merge with or consolidate into any other Non-Loan Party.

Fundamental Changes, Line of Business. (a) The Loan Parties will not, and will not permit any of their Subsidiaries to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Subsidiary CCI Illinois Holdings and CCI Texas Holdings may merge into the Borrower be merged together in a transaction in which the Borrower either of them is the surviving corporation, (ii) the Borrowers may be merged together in a transaction in which either of them is the surviving corporation, (iii) any wholly owned Subsidiary of may merge into a Borrower in a transaction in which such Borrower is the Borrower surviving corporation, (iv) any wholly owned Subsidiary may merge with or into any wholly owned Subsidiary in a transaction in which the surviving entity is a Subsidiary of the Borrower and (if any party to such merger is a Subsidiary Loan Party) , the surviving entity is a Subsidiary Loan Party, (iii) Permitted Acquisitions as permitted by Section 6.04 (vii) of this Agreement may be consummated and (iv) any Subsidiary may merge with or into an entity in a Permitted Acquisition in a transaction in which the Permitted Restructuring may be consummatedsurviving entity is a Loan Party; provided that in connection with the foregoing, the appropriate Loan Parties shall take all actions necessary or reasonably requested by the Administrative Agent or the Collateral Agent to expressly assume the obligations of each non-surviving entity under each of the Loan Documents and to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11 and 5.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Loan Parties will not, and will not permit any of their Subsidiaries to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Subsidiary may merge into the Borrower in a transaction in which the Borrower is the surviving corporation, (ii) any Subsidiary of the Borrower may merge with or into any Subsidiary in a transaction in which the surviving entity is a Subsidiary of the Borrower and (if any party to such merger is a Subsidiary Loan Party) is a Subsidiary Loan Party, Party and (iii) Permitted Acquisitions as permitted by Section 6.04 (vii) of this Agreement may be consummated and (iv) the Permitted Restructuring may be consummated; provided PROVIDED that in connection with the foregoing, the appropriate Loan Parties shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent Agents pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11 and 5.12, in each case, on the terms set forth therein and to the extent applicable.