Mergers, Amalgamations, Fundamental Changes, Etc. (a) No Loan Party shall, or shall permit any of its Restricted Subsidiaries to, directly or indirectly, by operation of law or otherwise, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that: (i) (x) any U.S. Loan Party may consolidate, amalgamate or merge into another U.S. Loan Party or another Person that becomes a U.S. Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving the Company, the Company shall be the surviving person) and (y) any Canadian Loan Party may consolidate, amalgamate or merge into another Canadian Loan Party or another Person that becomes a Canadian Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving a Canadian Borrower, a Canadian Borrower shall be a surviving person); (ii) (x) any Domestic Subsidiary or Canadian Subsidiary may be merged, amalgamated or consolidated with or into a U.S. Borrower (provided that a U.S. Borrower shall be the continuing or surviving entity) or with or into any U.S. Guarantor (provided that a U.S. Borrower or U.S. Guarantor shall be the continuing or surviving entity) and (y) any Canadian Subsidiary may be merged, amalgamated or consolidated with or into a Canadian Borrower (provided that a Canadian Borrower shall be the continuing or surviving entity) or with or into any Canadian Guarantor (provided that a Canadian Borrower or Canadian Guarantor shall be the continuing or surviving entity); (iii) any Subsidiary that is not a Loan Party may be merged, amalgamated or consolidated with or into any other Subsidiary that is not a Loan Party; provided that if one Subsidiary to such merger, amalgamation or consolidation is a Wholly Owned Subsidiary, the Wholly Owned Subsidiary shall be the continuing or surviving entity; (iv) (x) any U.S. Loan Party may Dispose of any or all of its assets to another U.S. Loan Party, (y) any Canadian Loan Party (other than a Canadian Borrower) may Dispose of any or all of its assets to another Canadian Loan Party or any U.S. Loan Party, and (z) any Subsidiary which is not a Loan Party may Dispose of any or all of its assets to, or enter into any merger, amalgamation or consolidation with, (1) a Borrower or any Guarantor (upon voluntary liquidation or otherwise), or (2) a Subsidiary that is not a Guarantor if the Subsidiary making the Disposition is not a Guarantor; provided that any such Disposition by a Wholly Owned Subsidiary must be to a Wholly Owned Subsidiary; (v) any Investment not prohibited by Section 6.02 may be structured as a merger, consolidation or amalgamation; (vi) any Subsidiary may be dissolved or liquidated so long the Dispositions of assets of such Person in connection with such liquidation or dissolution are to Persons entitled to receive such assets in accordance with Section 6.04; (vii) any Subsidiary may enter into any merger, amalgamation or consolidation in connection with, or to effectuate, a Disposition not otherwise prohibited by Section 6.04; and
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Mergers, Amalgamations, Fundamental Changes, Etc. (a) No Loan Party shall, or shall permit any of its Restricted Subsidiaries to, directly or indirectly, by operation of law or otherwise, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that: (i) (x) any U.S. Loan Party may consolidate, amalgamate or merge into another U.S. Loan Party or another Person that becomes a U.S. Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving the Company, the Company shall be the surviving person) and (y) any Canadian Loan Party may consolidate, amalgamate or merge into another Canadian Loan Party or another Person that becomes a Canadian Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving a Canadian Borrower, a Canadian Borrower shall be a surviving person); (ii) (x) any Domestic Subsidiary or Canadian Subsidiary may be merged, amalgamated or consolidated with or into a U.S. Borrower (provided that a U.S. Borrower shall be the continuing or surviving entity) or with or into any U.S. Guarantor (provided that a U.S. Borrower or U.S. Guarantor shall be the continuing or surviving entity) and (y) any Canadian Subsidiary may be merged, amalgamated or consolidated with or into a Canadian Borrower (provided that a Canadian Borrower shall be the continuing or surviving entity) or with or into any Canadian Guarantor (provided that a Canadian Borrower or Canadian Guarantor shall be the continuing or surviving entity); (iii) any Subsidiary that is not a Loan Party may be merged, amalgamated or consolidated with or into any other Subsidiary that is not a Loan Party; provided that if one Subsidiary to such merger, amalgamation or consolidation is a Wholly Owned Subsidiary, the Wholly Owned Subsidiary shall be the continuing or surviving entity; (iv) (x) any U.S. Loan Party may Dispose of any or all of its assets to another U.S. Loan Party, (y) any Canadian Loan Party (other than a Canadian Borrower) may Dispose of any or all of its assets to another Canadian Loan Party or any U.S. Loan Party, and (z) any Subsidiary which is not a Loan Party may Dispose of any or all of its assets to, or enter into any merger, amalgamation or consolidation with, (1) a Borrower or any Guarantor (upon voluntary liquidation or otherwise), or (2) a Subsidiary that is not a Guarantor if the Subsidiary making the Disposition is not a Guarantor; provided that any such Disposition by a Wholly Owned Subsidiary must be to a Wholly Owned Subsidiary; (v) any Investment not prohibited by Section 6.02 may be structured as a merger, consolidation or amalgamation; (vi) any Subsidiary may be dissolved or liquidated so long the Dispositions of assets of such Person in connection with such liquidation or dissolution are to Persons entitled to receive such assets in accordance with Section 6.04; (vii) any Subsidiary may enter into any merger, amalgamation or consolidation in connection with, or to effectuate, a Disposition not otherwise prohibited by Section 6.04; and;
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Mergers, Amalgamations, Fundamental Changes, Etc. (a) No Loan Party shall, or shall permit any of its Restricted Subsidiaries to, directly or indirectly, by operation of law or otherwise, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that: (i) (x) any U.S. Loan Party may consolidate, amalgamate or merge into another U.S. Loan Party or another Person that becomes a U.S. Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving the Company, the Company shall be the surviving person) and (y) any Canadian Loan Party may consolidate, amalgamate or merge into another Canadian Loan Party or another Person that becomes a Canadian Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving a Canadian Borrower, a Canadian Borrower shall be a surviving person); (ii) (x) any Domestic Subsidiary or Canadian Subsidiary may be merged, amalgamated or consolidated with or into a U.S. Borrower (provided that a U.S. Borrower shall be the continuing or surviving entity) or with or into any U.S. Guarantor (provided that a U.S. Borrower or U.S. Guarantor shall be the continuing or surviving entity) and (y) any Canadian Subsidiary may be merged, amalgamated or consolidated with or into a Canadian Borrower (provided that a Canadian Borrower shall be the continuing or surviving entity) or with or into any Canadian Guarantor (provided that a Canadian Borrower or Canadian Guarantor shall be the continuing or surviving entity); (iii) any Subsidiary that is not a Loan Party may be merged, amalgamated or consolidated with or into any other Subsidiary that is not a Loan Party; provided that if one Subsidiary to such merger, amalgamation or consolidation is a Wholly Owned Subsidiary, the Wholly Owned Subsidiary shall be the continuing or surviving entity; (iv) (x) any U.S. Loan Party may Dispose of any or all of its assets to another U.S. Loan Party, (y) any Canadian Loan Party (other than a Canadian Borrower) may Dispose of any or all of its assets to another Canadian Loan Party or any U.S. Loan Party, and (z) any Subsidiary which is not a Loan Party may Dispose of any or all of its assets to, or enter into any merger, amalgamation or consolidation with, (1) a Borrower or any Guarantor (upon voluntary liquidation or otherwise), or (2) a Subsidiary that is not a Guarantor if the Subsidiary making the Disposition is not a Guarantor; provided that any such Disposition by a Wholly Owned Subsidiary must be to a Wholly Owned Subsidiary; (v) any Investment not prohibited by Section 6.02 may be structured as a merger, consolidation or amalgamation; (vi) any Subsidiary may be dissolved or liquidated so long the Dispositions of assets of such Person in connection with such liquidation or dissolution are to Persons entitled to receive such assets in accordance with Section 6.04; (vii) any Subsidiary may enter into any merger, amalgamation or consolidation in connection with, or to effectuate, a Disposition not otherwise prohibited by Section 6.04; andDisposition
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Mergers, Amalgamations, Fundamental Changes, Etc. (a) No Loan Party shall, or shall permit any of its Restricted Subsidiaries to, directly or indirectly, by operation of law or otherwise, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that: (i) (x) any U.S. Loan Party may consolidate, amalgamate or merge into another U.S. Loan Party or another Person that becomes a U.S. Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving the Company, the Company shall be the surviving person) and (y) any Canadian Loan Party may consolidate, amalgamate or merge into another Canadian Loan Party or another Person that becomes a Canadian Loan Party (provided, however, with respect to any such consolidation, amalgamation or merger involving a the Canadian Borrower, a the Canadian Borrower shall be a surviving person); (ii) (x) any Domestic Subsidiary or Canadian Subsidiary may be merged, amalgamated or consolidated with or into a U.S. Borrower Loan Party (provided that a such U.S. Borrower shall be the continuing or surviving entity) or with or into any U.S. Guarantor (provided that a U.S. Borrower or U.S. Guarantor Loan Party shall be the continuing or surviving entity) and (y) any Canadian Subsidiary may be merged, amalgamated or consolidated with or into a Canadian Borrower Loan Party (provided that a such Canadian Borrower shall be the continuing or surviving entity) or with or into any Canadian Guarantor (provided that a Canadian Borrower or Canadian Guarantor Loan Party shall be the continuing or surviving entity); (iii) any Subsidiary that is not a Loan Party may be merged, amalgamated or consolidated with or into any other Subsidiary that is not a Loan Party; provided that if one Subsidiary to such merger, amalgamation or consolidation is a Wholly Owned Subsidiary, the Wholly Owned Subsidiary shall be the continuing or surviving entity; (iv) (x) any U.S. Loan Party may Dispose of any or all of its assets to another U.S. Loan Party, (y) any Canadian Loan Party (other than a Canadian Borrower) Guarantor may Dispose of any or all of its assets to another Canadian Loan Party or any U.S. Loan Party, and (z) any Subsidiary which is not a Loan Party may Dispose of any or all of its assets to, or enter into any merger, amalgamation or consolidation with, (1) a Borrower or any Guarantor (upon voluntary liquidation or otherwise), or (2) a Subsidiary that is not a Guarantor if the Subsidiary making the Disposition is not a Guarantor; provided that any such Disposition by a Wholly Owned Subsidiary must be to a Wholly Owned Subsidiary; (v) any Investment not prohibited by Section 6.02 may be structured as a merger, consolidation or amalgamation; (vi) any Subsidiary may be dissolved or liquidated so long the Dispositions of assets of such Person in connection with such liquidation or dissolution are to Persons entitled to receive such assets in accordance with Section 6.04; (vii) any Subsidiary may enter into any merger, amalgamation or consolidation in connection with, or to effectuate, a Disposition not otherwise prohibited by Section 6.04; and110 11584747
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