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

Limitation on Mergers, Issuances of Securities. (a) 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 (i) Borrower may merge or consolidate with another Person so long as Borrower is the surviving business entity, (ii) any wholly-owned Subsidiary of Borrower may be merged into or consolidated with another Person so long as Borrower or a wholly-owned Subsidiary of Borrower is the surviving business entity, and (iii) any Subsidiary of Borrower may merge or consolidate with another Person so long as Borrower or a Subsidiary of Borrower is the surviving business entity. (b) Borrower will not issue any Equity Interests other than (i) shares of Borrower’s common stock and any options or warrants giving the holders thereof only the right to acquire such shares of common stock, and (ii) shares of Borrower’s preferred stock, which are not treated as Indebtedness under GAAP, which cannot be redeemed for cash (whether such redemption is mandatory or contingent) prior to the Maturity Date, and which cannot be converted into any debt instrument prior to such date. (c) No Subsidiary of Borrower will issue any additional shares of its capital stock or other Equity Interests or any options, warrants or other rights to acquire such additional shares or other Equity Interests except to Borrower and only to the extent not otherwise forbidden under the terms hereof.

Limitation on Mergers, Issuances of Securities. (a) No Restricted Except as expressly provided in this subsection no Related Person will merge or consolidate with or into any other business entity. Any Unrestricted Subsidiary may be merged into or consolidated with another Unrestricted Subsidiary (including any Restricted Subsidiary which in compliance herewith is designated as an Unrestricted Subsidiary in anticipation of such merger) or any other Person that is not a Related Person; provided that . Any Person may be merged into or consolidated with (i) a Restricted Subsidiary, so long as a Restricted Subsidiary is the surviving business entity and no Default has occurred and is continuing caused by such merger, or will occur as a result thereof (iii) Borrower may merge or consolidate with another Person Borrower, so long as Borrower is the surviving business entity, (ii) any wholly-owned Subsidiary of Borrower may be merged into or consolidated with another Person so long as Borrower or a wholly-owned Subsidiary of Borrower entity and no Default is the surviving business entity, and (iii) any Subsidiary of Borrower may merge or consolidate with another Person so long as Borrower or a Subsidiary of Borrower is the surviving business entity. (b) caused by such merger. Borrower will not hereafter issue any Equity Interests other than (i) shares of Borrower’s common stock Non-Redeemable Common Stock and any options or warrants giving the holders thereof only the right to acquire such shares of common stock, and (ii) shares of Borrower’s preferred stock, which are not treated as Indebtedness under GAAP, which cannot be redeemed for cash (whether such redemption is mandatory or contingent) prior to the Maturity Date, and which cannot be converted into any debt instrument prior to such date. (c) Non-Redeemable Common Stock. No Restricted Subsidiary of Borrower will hereafter issue any additional shares of its capital stock or Equity Interests, other Equity Interests or any optionsthan Permitted Preferred Trust Securities, warrants or other rights to acquire such additional shares or other Equity Interests except to Borrower and only and, to the extent not otherwise forbidden under the terms hereof, Equity Interests issued to another Related Person. No Restricted Subsidiary which is a partnership will allow any diminution of Borrower's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. (a) No Restricted Except as expressly provided in this subsection no Related Person will merge or consolidate with or into any other business entity. Any Unrestricted Subsidiary may be merged into or consolidated with another Unrestricted Subsidiary (including any Restricted Subsidiary which in compliance herewith is designated as an Unrestricted Subsidiary in anticipation of such merger) or any other Person that is not a Related Person; provided that . Any Person may be merged into or consolidated with (i) a Restricted Subsidiary, so long as a Restricted Subsidiary is the surviving business entity and no Default has occurred is caused by such merger and is continuing any guaranties then required by Article VI hereof are concurrently maintained or will occur as a result thereof given, or (iii) Borrower may merge or consolidate with another Person Borrower, so long as Borrower is the surviving business entity, (ii) any wholly-owned Subsidiary of Borrower may be merged into or consolidated with another Person so long as Borrower or a wholly-owned Subsidiary of Borrower entity and no Default is the surviving business entity, and (iii) any Subsidiary of Borrower may merge or consolidate with another Person so long as Borrower or a Subsidiary of Borrower is the surviving business entity. (b) caused by such merger. Borrower will not hereafter issue any Equity Interests other than (i) shares of Borrower’s common stock Non-Redeemable Common Stock and any options or warrants giving the holders thereof only the right to acquire such shares of common stock, and (ii) shares of Borrower’s preferred stock, which are not treated as Indebtedness under GAAP, which cannot be redeemed for cash (whether such redemption is mandatory or contingent) prior to the Maturity Date, and which cannot be converted into any debt instrument prior to such date. (c) Non-Redeemable Common Stock. No Restricted Subsidiary of Borrower will hereafter issue any additional shares of its capital stock or Equity Interests, other Equity Interests or any optionsthan Permitted Preferred Trust Securities, warrants or other rights to acquire such additional shares or other Equity Interests except to Borrower and only and, to the extent not otherwise forbidden under the terms hereof, Equity Interests issued to another Related Person. Except as provided in Section 5.2(f), no Restricted Subsidiary which is a partnership will allow any diminution of Borrower's interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. (a) No Restricted Person will merge or consolidate with or into any other Person; provided , except that so long as no Default has occurred and is continuing or will occur as a result thereof (i) Borrower may merge or consolidate with another Person so long as Borrower is the surviving business entity, (ii) any wholly-owned Subsidiary of a Borrower may be merged into or consolidated with (a) another Person Subsidiary of such Borrower, so long as a Guarantor is the surviving business entity, or (b) such Borrower or a wholly-owned Subsidiary of so long as such Borrower is the surviving business entity, and (iii) any . No Subsidiary of Borrower may merge any Restricted Person which is a partnership will allow any diminution of such Restricted Person’s interest (direct or consolidate with another Person so long as Borrower or a Subsidiary of Borrower is the surviving business entity. (bindirect) therein. Neither Borrower will not issue any Equity Interests securities other than (i) shares of Borrower’s its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. Administrative Agent hereby agrees that Borrowers may use the proceeds of the issuance of such shares of common stock, or such options and (ii) shares of Borrower’s preferred stock, which are not treated warrants as Indebtedness under GAAP, which cannot be redeemed for cash (whether such redemption is mandatory or contingent) prior to the Maturity Date, and which cannot be converted into any debt instrument prior to such date. (c) Borrowers shall determine within its reasonable discretion. No Subsidiary of either Borrower will issue any additional shares of its capital stock or other Equity Interests securities or any options, warrants or other rights to acquire such additional shares or other Equity Interests securities except to such Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of either Borrower which is a partnership will allow any diminution of such Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. (a) No Restricted Person will liquidate or merge or consolidate with or into any other Person; provided , except that any Subsidiary of a Borrower may be liquidated or merged into or consolidated with (a) another Subsidiary of such Borrower, so long as no Default has occurred and a Guarantor is continuing the surviving business entity, or will occur as a result thereof (ib) such Borrower may merge or consolidate with another Person so long as such Borrower is the surviving business entity, (ii) any wholly-owned . No Subsidiary of Borrower may be merged into any Restricted Person which is a partnership will allow any diminution of such Restricted Person’s interest (direct or consolidated with another Person so long as Borrower or a wholly-owned Subsidiary of Borrower is the surviving business entity, and (iiiindirect) any Subsidiary of Borrower may merge or consolidate with another Person so long as Borrower or a Subsidiary of Borrower is the surviving business entity. (b) therein. No Borrower will not issue any Equity Interests equity securities other than (i) shares of Borrower’s its common or preferred stock and any options or warrants giving the holders thereof only the right to acquire such shares. Administrative Agent hereby agrees that Borrowers may use the proceeds of the issuance of such shares of common stock, or such options and (ii) shares of Borrower’s preferred stock, which are not treated warrants as Indebtedness under GAAP, which cannot be redeemed for cash (whether such redemption is mandatory or contingent) prior to the Maturity Date, and which cannot be converted into any debt instrument prior to such date. (c) Borrowers shall determine within its reasonable discretion. No Subsidiary of any Borrower will issue any additional shares of its capital stock or other Equity Interests securities or any options, warrants or other rights to acquire such additional shares or other Equity Interests securities except to such Borrower and only to the extent not otherwise forbidden under the terms hereof. No Subsidiary of any Borrower which is a partnership will allow any diminution of such Borrower’s interest (direct or indirect) therein.