Common use of Guarantors May Consolidate, Etc., Only on Certain Terms Clause in Contracts

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.05, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate with or into or wind up into, consummate a Division as the Dividing Person with (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions to, any Person unless: (1) (A) (i) such Guarantor is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up or Division (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a Person organized or existing under the laws of the United States, any state thereof or the District of Columbia (in each of (i) and (ii), such Person, as the case may be, being herein called the “Successor Person”);

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.051015(b), no each Guarantor shallshall not, and the Issuer Company shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate merge with or into or wind up into, consummate a Division as the Dividing Person with into (whether or not such Guarantor is the surviving Personcorporation), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, assets in one or more related transactions to, any Person unless: (1) (A) (i1) such Guarantor is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall will have been made is a Person organized or existing under the laws of the United States, any state thereof or thereof, the District of Columbia Columbia, or any territory thereof (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”);

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.051208, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate with or into or wind up into, consummate a Division as the Dividing Person (whether or not such Guarantor is the surviving Person) consolidate or merge with or into or dissolve (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions totransactions, to any Person unless: (1) (A) (i) such Guarantor (x) is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a Person organized or existing under the laws of the United States, any state thereof or thereof, the District of Columbia or any territory thereof (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”), or (y) in the case of a Division where such Guarantor is the Dividing Person, is the Division Successor or such Division is permitted by Section 1017, as applicable;

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.051208, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate merge with or into or wind up into, consummate a Division as the Dividing Person with into (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions totransactions, to any Person unless: (1) (A) (i) such Guarantor is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall will have been made is a Person organized or existing under the laws of the United States, any state thereof or the District of Columbia (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”);

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.051208, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate merge with or into or wind up into, consummate a Division as the Dividing Person with into (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions totransactions, to any Person unless: (1) (A) (i) such Guarantor is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a Person organized or existing under the laws of the United States, any state or any territory thereof or the District of Columbia (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”);

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.0512.08, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate merge with or into or wind up into, consummate a Division as the Dividing Person with into (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions totransactions, to any Person unless: (1) (A) (i) such Guarantor is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall will have been made is a Person organized or existing under the laws of the United States, any state thereof or the District of Columbia (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”);

Guarantors May Consolidate, Etc., Only on Certain Terms. Subject to Section 10.051208, no Guarantor shall, and the Issuer shall not permit any such Guarantor to, consolidate or merge, consolidate or amalgamate with or into or wind up into, consummate a Division as the Dividing Person (whether or not such Guarantor is the surviving Person), consolidate or merge with or into or dissolve (whether or not such Guarantor is the surviving Person), or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets, in one or more related transactions totransactions, to any Person unless: (1) (A) (i) such Guarantor (x) is the surviving Person or (ii) the Person formed by or surviving any such merger, consolidation, amalgamation, winding up consolidation or Division merger (if other than such Guarantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a Person organized or existing under the laws of the United States, any state thereof or thereof, the District of Columbia or any territory thereof (in each of (i) and (ii), such Guarantor or such Person, as the case may be, being herein called the “Successor Person”), or (y) in the case of a Division where such Guarantor is the Dividing Person, is the Division Successor or such Division is permitted by Section 1017, as applicable;