Common use of Liquidation, Merger Clause in Contracts

Liquidation, Merger. The Borrower shall not, and shall not permit any Restricted Subsidiary to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary may liquidate or dissolve into the Borrower or a Restricted Subsidiary; or (b) enter into any merger or consolidation unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not permit any Restricted Subsidiary of Borrower to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Restricted SubsidiarySubsidiary of the Borrower; or (b) enter into any merger or consolidation unless unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary of the Borrower and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not ------------------- permit any Restricted Subsidiary of Borrower to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Restricted SubsidiarySubsidiary of the Borrower; or (b) enter into any merger or consolidation unless unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary of the Borrower and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not ------------------- permit any Restricted Subsidiary of Borrower to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Restricted SubsidiarySubsidiary of the Borrower; oro r (b) enter into any merger or consolidation unless unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary of the Borrower and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not permit any Restricted Subsidiary or Affiliate of the Borrower to, at any time: (a) : liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary or Affiliate of the Borrower may liquidate or dissolve into the Borrower or a Restricted Subsidiaryanother Subsidiary or Affiliate of the Borrower; or (b) or enter into any merger or consolidation unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary or Affiliate of the Borrower and not the Borrower, such Restricted Subsidiary or Affiliate shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not permit ------------------- any Restricted Subsidiary to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary may liquidate or dissolve into the Borrower or a Restricted Subsidiary; or (b) enter into any merger or consolidation unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.

Liquidation, Merger. The Borrower shall not, and shall not ------------------- permit any Restricted Subsidiary of the Borrower to, at any time: (a) liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, except that a Restricted Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Restricted Subsidiary; or (b) enter into any merger or consolidation unless (i) with respect to a merger or consolidation involving the Borrower, the Borrower shall be the surviving corporation, or if the merger or consolidation involves a Restricted Subsidiary of the Borrower and not the Borrower, such Restricted Subsidiary shall be the surviving corporation, (ii) such transaction shall not be utilized to circumvent compliance with any term or provision herein and (iii) no Default or Event of Default shall then be in existence or occur as a result of such transaction.