Common use of Merger, Consolidation, Sale or Transfer of Assets Clause in Contracts

Merger, Consolidation, Sale or Transfer of Assets. The Company is permitted to consolidate and merge with another entity provided that: (a) if the Company merges out of existence or sells its assets, the successor formed by such consolidation or the survivor of such merger or the Person that acquires by conveyance, transfer or lease substantially all of the assets of the Company as an entirety, as the case may be (the “Successor Corporation”), shall be a solvent corporation organized and existing under the laws of the United States of America, any state thereof or the District of Columbia and must agree to be legally responsible for the obligations under this Agreement, the Notes or other Note Documents; (b) if the Company is not the Successor Corporation, such corporation shall have executed and delivered to each holder of Notes hereunder its assumption of the due and punctual performance and observance of each covenant and condition of this Agreement, the Notes and the other Note Documents; and (c) the Merger or sale of assets must not cause an Event of Default (unless the merger or sale would cure such Event of Default). Immediately after giving effect to such transaction no Default or Event of Default would exist.

Merger, Consolidation, Sale or Transfer of Assets. The Company is permitted to consolidate and merge with another entity provided that: (a) if the Company merges out of existence or sells its assets, the successor formed by such consolidation or the survivor of such merger or the Person that that acquires by conveyance, transfer or lease substantially all of the assets of the Company as an entirety, as the case may be (the “Successor Corporation”), shall be a solvent corporation organized and existing under the laws of the United States of America, any state thereof or the District of Columbia and must agree to be legally responsible for the obligations under this Agreement, the Notes or other Note Documents; (b) if the Company is not the Successor Corporation, such corporation shall have executed and delivered to each holder of Notes hereunder its assumption of the due and punctual performance and observance of each covenant and condition of this Agreement, the Notes and the other Note Documents; and (c) the Merger or sale of assets must not cause an Event of Default (unless the merger or sale would cure such Event of Default). Immediately after giving effect to such transaction no Default or Event of Default would exist.

Merger, Consolidation, Sale or Transfer of Assets. The Company is permitted to consolidate and merge with another entity provided that: (a) if the Company merges out of existence or sells its assets, the successor formed by such consolidation or the survivor of such merger or the Person that acquires by conveyance, transfer or lease substantially all of the assets of the Company as an entirety, as the case may be (the “Successor Corporation”), shall be a solvent corporation organized and existing under the laws of the United States of America, any state thereof or the District of Columbia and must agree to be legally responsible for the obligations under this Agreement, the Notes or other Note Documents; (b) if the Company is not the Successor Corporation, such corporation shall have executed and delivered to each holder of Notes hereunder its assumption of the due and punctual performance and observance of each covenant and condition of this Agreement, the Notes and the other Note Documents; and (c) the Merger or sale of assets must not cause an Event of Default (unless the merger or sale would cure such Event of Default). Immediately after giving effect to such transaction no Default or Event of Default would exist.