Common use of Merger and Sale of Assets Clause in Contracts

Merger and Sale of Assets. The Borrower shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of the consolidated assets of the Borrower and all Subsidiaries or assets which shall have contributed a Substantial Part of Consolidated Net Earnings for any of the three fiscal years then most recently ended, in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower Company shall not not, and shall not permit any Subsidiary to to, enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of the consolidated assets of the Borrower Company and all Subsidiaries or assets which that shall have contributed a Substantial Part of Consolidated Net Earnings for any of the three fiscal years Fiscal Years then most recently ended, in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part substantial part of the consolidated assets of the Borrower and all Subsidiaries or assets which shall have contributed a Substantial Part substantial part of Consolidated Net Earnings for any of the three fiscal years then most recently ended, in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of the consolidated assets of the Borrower and all Subsidiaries or assets which shall have contributed a Substantial Part of Consolidated Net Earnings for any of the three fiscal years then most recently ended, in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower Company shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of the consolidated assets of the Borrower Company and all Subsidiaries or assets which shall have contributed a Substantial Part of Consolidated Net Earnings for any of the three fiscal years Fiscal Years then most recently ended, in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of of, the consolidated assets of the Borrower or any Subsidiary (including, without limitation, any shares of Stock and all Subsidiaries or assets which shall have contributed a Substantial Part Indebtedness of Consolidated Net Earnings for any of the three fiscal years then most recently endedSubsidiary), in any single transaction or series of related transactions, to any Person, except that:

Merger and Sale of Assets. The Borrower shall not and shall not permit any Subsidiary to enter into any transaction of merger, consolidation, pooling of interest, joint venture, syndicate or other combination with any other Person or sell, lease, transfer, contribute as capital, or otherwise dispose of all or a Substantial Part of the consolidated assets of the Borrower and all Subsidiaries or assets which shall have contributed a Substantial Part of Consolidated Net Earnings for any of the three 3 fiscal years then most recently ended, in any single transaction or series of related transactions, to any Person, except that: