Common use of Limitation on Mergers, Issuances of Securities Clause in Contracts

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person, except that any Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long as, if a Guarantor is one of the merged entities, a Guarantor is the surviving business entity, (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person; provided that so long as no Default has occurred and is continuing or will occur as a result thereof (a) Borrower may merge or consolidate with another Person so long as Borrower is the surviving business entity, except that (b) any wholly-owned Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long as, if a Guarantor is one of the merged entities, a Guarantor is the surviving business entity, (b) Borrower, Person so long as Borrower or a wholly-owned Subsidiary of Borrower is the surviving business entity, and (c) any other Subsidiary of Borrower may merge or consolidate with another Person in connection with so long as Borrower or a sale Subsidiary of such Restricted Person’s Equity that Borrower is permitted by Section 7.5the surviving business entity. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Except as expressly provided in this subsection no Restricted Person will merge or consolidate with or into any other Person, except that any business entity. Any Subsidiary of Borrower may may, however, be merged into or consolidated with (ai) another Subsidiary of Borrower Borrower, so long as, if a Guarantor is one of the merged entities, as a Guarantor is the surviving business entity, or (bii) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower Restricted Person will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities securities, except that Borrower's wholly-owned Subsidiaries may issue such shares, options, warrants or other rights to Borrower, and Borrower or another Subsidiary of Borrower may issue its common stock and warrants to purchase its common stock, but only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s 's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Except as expressly provided in this subsection no Related Person will merge or consolidate with or into any other Person, except that any Subsidiary of Borrower business entity. Any Person may be merged into or consolidated with (a) another Subsidiary of Borrower so long as, if a Guarantor is one of the merged entities, a Guarantor is the surviving business entity, (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection Subsidiary of Borrower, including Material Subsidiaries, may be merged into or consolidated with i. another Subsidiary of Borrower, so long as a sale of such Restricted Person’s Equity that Subsidiary Guarantor is permitted by Section 7.5the surviving business entity, or ii. Borrower, so long as Borrower is the surviving business entity. Borrower will not issue any equity securities other than Permitted Debt and shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Material Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Material Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s 's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person, Person except that any Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower Borrower, so long as, if a Guarantor is one of the merged entities, as a Guarantor is the surviving business entity, or (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than (a) shares of its common or stock, (b) shares of its preferred stock which cannot be converted to Indebtedness prior to the Maturity Date or mandatorily redeemed prior to the Maturity Date, and (c) any options or warrants giving the holders thereof only the right to acquire such sharescommon stock of Borrower. No Subsidiary of Borrower will issue any additional shares of its capital stock Equity Interests or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person, Person except that any Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long asand, if a Guarantor is one of the merged entities, so long as a Guarantor is the surviving business entity, or (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person, Person except that any Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long asand, if a Guarantor is one of the merged entities, so long as a Guarantor is the surviving business entity, or (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s 's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person; provided that so long as no Default has occurred and is continuing or will occur as a result thereof (a) Borrower may merge or consolidate with another Person so long as Borrower is the surviving business entity, except that (b) any wholly- owned Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long as, if a Guarantor is one of the merged entities, a Guarantor is the surviving business entity, (b) Borrower, Person so long as Borrower or a wholly-owned Subsidiary of Borrower is the surviving business entity, and (c) any other Subsidiary of Borrower may merge or consolidate with another Person in connection with so long as Borrower or a sale Subsidiary of such Restricted Person’s Equity that Borrower is permitted by Section 7.5the surviving business entity. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s 's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Restricted Person will merge or consolidate with or into any other Person, except that any Subsidiary of Borrower may be merged into or consolidated with (a) another Subsidiary of Borrower so long asand, if a Guarantor is one of the merged entities, so long as a Guarantor is the surviving business entity, (b) Borrower, so long as Borrower is the surviving business entity, and (c) any other Person in connection with a sale of such Restricted Person’s Equity that is permitted by Section 7.5. Borrower will not issue any equity securities other than shares of its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Borrower will issue any additional shares of its capital stock or other equity securities or any options, warrants or other rights to acquire such additional shares or other equity securities except to Borrower or another Subsidiary of Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of Borrower which is a partnership will allow any diminution of Borrower’s interest (direct or indirect) therein.