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 without Required Lenders’ written consent, except that any Subsidiary of the Borrower may be merged into or consolidated with (a) another Subsidiary of the Borrower, so long as a Guarantor is the surviving business entity, or (b) the Borrower, so long as the Borrower is the surviving business entity. No Subsidiary of the Borrower will issue any additional shares of its capital stock or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to the Borrower or a wholly-owned Subsidiary of the Borrower, and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of the Borrower which is a partnership will allow any diminution of the 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 without Required Lenders’ written consent, except that any business entity. Any Subsidiary of the Borrower may that is a Guarantor may, however, be merged into or consolidated with (ai) another Subsidiary of the Guarantor, or (ii) Borrower, so long as a Guarantor is the surviving business entity, or (b) the Borrower, so long as the Borrower is the surviving business entity. Borrower will not issue any securities other than shares of its common stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of the Borrower will issue any additional shares of its capital stock or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to the Borrower or a wholly-owned Subsidiary of the Borrower, and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of the Borrower which is a partnership will allow any diminution of the 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 without Required Lenders’ written consent, except that any Subsidiary of the Borrower may be merged into or consolidated with (a) another Subsidiary of the Borrower, so long as a Guarantor is the surviving business entityentity (if one or more of such Subsidiaries is a Guarantor), or (b) the Borrower, so long as the Borrower is the surviving business entity. No Subsidiary of the Borrower will issue any additional shares of its capital stock Equity Interests or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to the extent owned directly or indirectly by Borrower or a wholly-owned Subsidiary of the Borrower, and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of the Borrower which is a partnership will allow any diminution of the 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 without Required Lenders’ written consent, except that any Subsidiary of the Borrower may be merged into or consolidated with (a) another Subsidiary of the Borrower, so long as a Guarantor is the surviving business entity, or (b) the Borrower, so long as the Borrower is the surviving business entity. Borrower will not issue any securities other than its limited liability company interests and any options or warrants to purchase its limited liability company interests. No Subsidiary of the Borrower will issue any additional shares of its capital stock Equity or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to the Borrower or a wholly-owned Subsidiary of the Borrower, and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of the Borrower which is a partnership will allow any diminution of the Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Except as contemplated by the Acquisition Documents, no Restricted Person will merge or consolidate with or into any other Person without Required Lenders’ written consent, except that any Subsidiary of the Borrower may be merged into or consolidated with (a) another Subsidiary of the Borrower, so long as a Guarantor is the surviving business entity, or (b) the Borrower, so long as the Borrower is the surviving business entity. Borrower will not issue any securities other than shares of its common stock and any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of the Borrower will issue any additional shares of its capital stock or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to the Borrower or a wholly-owned Subsidiary of the Borrower, and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of the Borrower which is a partnership will allow any diminution of the Borrower’s 's interest (direct or indirect) therein.