Common use of Limitation on Mergers Clause in Contracts

Limitation on Mergers. Except as expressly provided Borrower and Parent will not, and will not permit any of their Restricted Subsidiaries to, merge or consolidate with or into any other business entity, except (1) Parent or Borrower may be party to a merger or consolidation so long as the surviving entity is Parent or Borrower and no Default will exist and the Obligations do not exceed the Facility Amount after giving effect thereto and (2) any Restricted Subsidiary may be a party to any merger or consolidation so long as the surviving entity is a Restricted Subsidiary and any Guaranty of, or Pledge Agreement by, such Restricted Subsidiary continues as to such surviving entity, no Default will exist, and the Obligations do not exceed the Facility Amount after giving effect thereto.

Limitation on Mergers. Except as expressly provided in this subsection, Borrower and Parent will not, and will not permit any of their its Restricted Subsidiaries to, merge or consolidate with or into any other business entity, except (1) Parent or Borrower may be party to a merger or consolidation so long as the surviving entity is Parent or Borrower and no Default will exist and the Obligations do not exceed the Facility Amount after giving effect thereto and (2) any Restricted Subsidiary may be a party to any merger or consolidation so long as the surviving entity is Borrower or a Restricted Subsidiary and any Guaranty of, or Pledge Agreement by, of such Restricted Subsidiary continues as to such surviving entity, no Default will exist, and the Obligations do not exceed the Facility Amount Amount, in each case after giving effect thereto.

Limitation on Mergers. Except as expressly provided in this paragraph, Borrower and Parent will not, and will not permit any of their its Restricted Subsidiaries to, merge or consolidate with or into any other business entity, except except (1) Parent or Borrower may be party to a merger or consolidation so long as the surviving entity is Parent or Borrower and no Default will exist and the Obligations do not exceed the Facility Amount after giving effect thereto and (2) any Restricted Subsidiary may be a party to any merger or consolidation so long as the surviving entity is a Restricted Subsidiary and any Guaranty of, or Pledge Agreement by, such Restricted Subsidiary continues as to such surviving entity, no Default will exist, and the Obligations do not exceed the Facility Amount after giving effect thereto.will

Limitation on Mergers. Except as expressly provided in this paragraph, Borrower and Parent will not, and will not permit any of their its Restricted Subsidiaries to, merge or consolidate with or into any other business entity, except except (1) Parent or Borrower may be party to a merger or consolidation so long as the surviving entity is Parent or Borrower and no Default will exist and the Obligations do not exceed the Facility Amount after giving effect thereto and (2) any Restricted Subsidiary may be a party to any merger or consolidation so long as the surviving entity is a Restricted Subsidiary and any Guaranty of, or Pledge Agreement by, such Restricted Subsidiary continues as to such surviving entity, no Default will exist, and the Obligations do not exceed the Facility Amount after giving effect thereto.

Limitation on Mergers. Except as expressly provided in this paragraph, Borrower and Parent will not, and will not permit any of their Restricted Subsidiaries to, merge or consolidate with or into any other business entity, except (1) Parent or Borrower may be party to a merger or consolidation so long as the surviving entity is Parent or Borrower and no Default will exist and the Obligations do not exceed the Facility Amount after giving effect thereto and (2) any Restricted Subsidiary may be a party to any merger or consolidation so long as the surviving entity is a Restricted Subsidiary and any Guaranty of, or Pledge Agreement by, such Restricted Subsidiary continues as to such surviving entity, no Default will exist, and the Obligations do not exceed the Facility Amount after giving effect thereto.