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 a Guarantor is the surviving business entity, or (b) Borrower, so long as Borrower is the surviving business entity. No Restricted Person other than the MLP will issue any additional Equity except to Borrower or another wholly-owned Subsidiary of Borrower; provided, however that Borrower may issue additional membership interests, or options or warrants to acquire such interests. No Subsidiary of Borrower will allow any diminution of Borrower’s interest (direct or indirect) therein.

Limitation on Mergers, Issuances of Securities. No Other than to effect a Permitted Acquisition, 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 as a Guarantor is the surviving business entity, or (b) Borrower, so long as Borrower is the surviving business entity. No Restricted Person other than the MLP Subsidiary of Borrower will issue any additional Equity 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 Borrower or another wholly-owned Subsidiary of Borrower; provided, however that Borrower may issue additional membership interests, or options or warrants and only to acquire such intereststhe 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.