Common use of Merger or Consolidation of the Company Clause in Contracts

Merger or Consolidation of the Company. The Company shall not effect any consolidation or merger with, or sale of substantially all its property to, any other corporation unless the corporation resulting from such merger (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation corporation, unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant AgentCompany, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent in the exercise of its reasonable judgment and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor, transferee or lessee corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the assume that due and punctual performance and observance of each and every covenant and condition of this Agreement Warrant Certificate to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor, transferee or lessee corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property shall ), expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, assumes the due and punctual performance and observance of each and every covenant and condition of this Agreement Certificate to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, assume by supplemental agreement satisfactory in form to the holder of record of this Warrant Agent and executed and delivered to the Warrant Agentsuch holder, the due and punctual performance and observance of each and every covenant and condition of this Agreement Warrant to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, assume the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor, transferee or lessee corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, assume the due and punctual performance and observance of each and every covenant and condition of this Agreement Rights Certificate to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, to any other corporation unless the corporation resulting from such merger successor, transferee or lessee corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, assume the due and punctual performance and observance of each and every covenant and condition of this Agreement and each Warrant Certificate issued hereunder to be performed and observed by the Company, and the Company (or successor) shall provide an opinion of counsel to such effect.

Merger or Consolidation of the Company. The Company shall not effect any consolidation or merger with, or sale of substantially all its property to, with any other corporation unless the corporation resulting from such merger (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by execution and delivery of a supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement reasonably satisfactory in form to the Warrant Agent and executed by such resulting corporation and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company. 12 SECTION 17.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer, or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall not effect any consolidation or merger with, or sale of substantially all its property to, any other corporation unless the corporation resulting from such merger (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company, such agreement by the Warrant Agent not to be unreasonably withheld.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agentagreement, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company. SECTION 17.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger withconsolidate with or into, or sale of sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or purchasing corporation, as the case may be (if not the Company) or consolidation or the corporation purchasing such property ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Warrant Agent, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.

Merger or Consolidation of the Company. The Company shall will not effect any consolidation merge or merger with, consolidate with or sale of substantially all its property to, into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation or the corporation purchasing such property shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent Owners and duly executed and delivered to the Warrant AgentOwners, the due and punctual performance and observance of each and every covenant and condition of this Agreement to be performed and observed by the Company.