Common use of Merger or Consolidation Clause in Contracts

Merger or Consolidation. The Company will not merge or consolidate with or into any other corporation, or sell or otherwise transfer its property, assets and business substantially as an entirety to another corporation, unless the corporation resulting from such merger or consolidation (if not the Company), or such transferee corporation, as the case may be, shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Holder, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company.

Merger or Consolidation. The Company will shall not consolidate or merge into or consolidate with another corporation or into any other corporationentity, or sell transfer all or otherwise transfer substantially all of its property, assets and business substantially as an entirety to another corporation, partnership, trust or other entity unless such entity shall assume the corporation resulting from rights, obligations and liabilities of the Company under this Agreement and said Prior Agreement and upon such merger or consolidation (if not the Company), or such transferee corporation, as the case may beassumption, shall expressly assume, by supplemental agreement reasonably satisfactory in form become obligated to perform the terms and substance to the Holder, the due and punctual performance and observance of each and every covenant and condition conditions of this Warrant to be performed Agreement and observed by the Companysaid Prior Agreement.

Merger or Consolidation. The Company will not merge or consolidate with or into any other corporation, or sell or otherwise transfer its property, assets and business substantially as an entirety to another corporation, unless the corporation resulting from such merger or consolidation (if not the Company), or such transferee corporation, as the case may be, shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to assume the Holder, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Company.

Merger or Consolidation. The Company will not merge or consolidate with or ----------------------- merge into any other corporation, or sell permit another corporation to merge into it, or otherwise transfer its property, assets and business substantially as an entirety acquire in a transaction analogous in purpose or effect to another corporation, unless the corporation resulting from such a merger or consolidation (if all or substantially all the properties or assets of any other entity without the Bank's prior written consent which shall not the Company), or such transferee corporation, as the case may be, shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Holder, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Companyunreasonably withheld.

Merger or Consolidation. The Company will not merge or consolidate with or merge into any other corporation, or sell permit another corporation to merge into it, or otherwise transfer its property, assets and business substantially as an entirety acquire in a transaction analogous in purpose or effect to another corporation, unless the corporation resulting from such a merger or consolidation (if all or substantially all the properties or assets of any other entity without the Bank's prior written consent which shall not the Company), or such transferee corporation, as the case may be, shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Holder, the due and punctual performance and observance of each and every covenant and condition of this Warrant to be performed and observed by the Companyunreasonably withheld.

Merger or Consolidation. The Company will shall not merge or consolidate with or into any other corporationentity, or sell or otherwise transfer its property, assets and business substantially as an entirety to another corporationperson or entity, unless the corporation entity resulting from such merger or consolidation (if not the Company), or such transferee corporationperson or entity, as the case may be, shall expressly assume, by supplemental agreement reasonably satisfactory in form and substance to the Holder, the due and punctual performance and observance of each and every covenant and condition of this Warrant Certificate to be performed and observed by the Company.