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

Merger or Consolidation of the Company. The Company will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Company, 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) 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 CompanyWarrant 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent agent and executed and delivered to the CompanyWarrant 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 So long as this Agreement remains in effect, the Company will not merge or consolidate with or into into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or consolidation purchasing corporation, as the case may be (if not the Company) ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyHolders, 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 will not merge or consolidate with or into into, or sell, transfer or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or consolidation purchasing corporation, as the case may be (if not the Company) ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyWarrant 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyWarrant 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) 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 Companysuch 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger successor or consolidation purchasing corporation, as the case may be (if not the Company) ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Companyagreement, 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Company, 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 will not merge or consolidate with or into any other corporation entity unless the corporation resulting from such merger or consolidation (if not the Company) shall successor entity expressly assumeassumes, by supplemental agreement reasonably satisfactory in form and substance to the Warrant Agent and executed and delivered to the Companyeach 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Companyagreement, 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Companyagreement, 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement reasonably satisfactory in form to the Warrant Agent and executed by such resulting corporation and delivered to the CompanyWarrant 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 will not -------------------------------------- merge or consolidate with or into any other corporation corporation, unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyWarrant 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 will -------------------------------------- not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent Underwriter and duly executed and delivered to the CompanyUnderwriter, 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 will not merge Upon any merger or consolidate with or into any other corporation unless consolidation of the Company, the corporation resulting from such merger or consolidation (if not the Company) 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 CompanyWarrant 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 will shall not merge effect any consolidation or consolidate with merger with, or into sale of substantially all its property to, 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 CompanyWarrant 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 will not -------------------------------------- merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Companyagreement, 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent Owners and duly executed and delivered to the CompanyOwners, 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 will not merge or -------------------------------------- consolidate with or into any other corporation corporation, unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyWarrant 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 will not merge or consolidate with or into any other corporation entity unless the corporation entity resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Company, assume 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 will not merge or consolidate with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and duly executed and delivered to the CompanyWarrant 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 will not merge or consolidate with or into into, or sell, transfer, or lease all or substantially all of its property to, any other corporation unless the corporation resulting from such merger successor or consolidation purchasing corporation, as the case may be (if not the Company) ), shall expressly assume, by supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the Companyagreement, 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 will shall not merge effect any consolidation or consolidate merger with or into any other corporation unless the corporation resulting from such merger or consolidation (if not the Company) or consolidation shall expressly assume, by execution and delivery of a supplemental agreement satisfactory in form to the Warrant Agent and executed and delivered to the CompanyAgent, 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.