Common use of Merger or Consolidation of, or Assumption of the Obligations of, Seller Clause in Contracts

Merger or Consolidation of, or Assumption of the Obligations of, Seller. Any Person (a) into which the Seller may be merged or consolidated, (b) which may result from any merger or consolidation to which the Seller shall be a party or (c) which may succeed to the properties and assets of the Seller substantially as a whole, which Person in any of the foregoing cases (x) has articles of incorporation containing provisions relating to limitations on business and other matters substantially identical to those contained in the Seller’s articles of incorporation and (y) executes an agreement of assumption to perform every obligation of the Seller under this Agreement and the other Related Documents shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, provided, however, that the Insurer (for so long as it is the Controlling Party) shall have consented to such action and written confirmation shall be received by the Indenture Trustee, and the Insurer from each Rating Agency rating the Notes that the then current rating of the Notes will not be withdrawn, downgraded or suspended as a result of any action described in this Section 8.4.

Merger or Consolidation of, or Assumption of the Obligations of, Seller. Any Person (a) into which the Seller may be merged or consolidated, (b) which may result from any merger or consolidation to which the Seller shall be a party or (c) which may succeed to the properties and assets of the Seller substantially as a whole, which Person in any of the foregoing cases (x) has articles of incorporation containing provisions relating to limitations on business and other matters substantially identical to those contained in the Seller’s 's articles of incorporation and (y) executes an agreement of assumption to perform every obligation of the Seller under this Agreement and the other Related Documents shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, providedPROVIDED, howeverHOWEVER, that the Insurer (for so long as it is the Controlling Party) shall have consented to such action and written confirmation shall be received by the Indenture Trustee, and the Insurer from each Rating Agency rating the Notes that the then current rating of the Notes will not be withdrawn, downgraded or suspended as a result of any action described in this Section 8.4.

Merger or Consolidation of, or Assumption of the Obligations of, Seller. Any Person (a) into which the Seller may be merged or consolidated, (b) which may result from any merger or consolidation to which the Seller shall be a party or (c) which may succeed to the properties and assets of the Seller substantially as a whole, which Person in any of the foregoing cases (x) has articles of incorporation containing provisions relating to limitations on business and other matters substantially identical to those contained in the Seller’s articles of incorporation and (y) executes an agreement of assumption to perform every obligation of the Seller under this Agreement and the other Related Documents shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement[, provided, however, that the Insurer (for so long as it is the Controlling Party) shall have consented to such action and written confirmation shall be received by the Indenture Trustee, and the Insurer from each Rating Agency rating the Notes that the then current rating of the Notes will not be withdrawn, downgraded or suspended as a result of any action described in this Section 8.4].