Common use of Liquidation, Merger Clause in Contracts

Liquidation, Merger. The Borrower shall not, and shall not permit any 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 Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Subsidiary of the Borrower; 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 Subsidiary of the Borrower and not the Borrower, such 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 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 Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Subsidiary of the Borrower; 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 Subsidiary of the Borrower and not the Borrower, such 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 Subsidiary of the BorrowerRestricted Subsidiary; 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 Subsidiary of the BorrowerRestricted Subsidiary; 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 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 Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Subsidiary of the BorrowerRestricted Subsidiary; 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 Subsidiary of the Borrower and not the Borrower, such 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 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 Subsidiary or Affiliate of the Borrower may liquidate or dissolve into the Borrower or a another Subsidiary or Affiliate of the Borrower; or (b) or 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 Subsidiary or Affiliate of the Borrower and not the Borrower, such 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 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 Subsidiary of the Borrower may liquidate or dissolve into the Borrower or a Subsidiary of the Borrower; oro r (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 Subsidiary of the Borrower and not the Borrower, such 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.