Common use of MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK Clause in Contracts

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Company will, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result of the Sygnet Merger; (b) as a result of a Permitted Acquisition, (c) mergers or consolidations involving Borrower if Borrower is the surviving entity, (c) mergers among Wholly-owned Companies; PROVIDED THAT, in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity. No Company shall liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.25. No Company may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other Company, EXCEPT for sales, leases, transfers, or other such distributions to another Company.

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Borrower shall not, and shall not permit any other Company willto, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result of the Sygnet Merger; (b) as a result of a Permitted Acquisition, (cb) mergers or consolidations involving Borrower if Borrower is the surviving entity, and (c) mergers among Wholly-owned Companies; PROVIDED THAT, THAT in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity. No Borrower shall not, and shall not permit any other Company shall to, liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.25. No Company may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other Company, EXCEPT for sales, leases, transfers, or other such distributions to another Company10.12.

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Company Loan Party nor any Foreign Subsidiary of Borrower or Restricted Subsidiary of Communications will, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result of the Sygnet Merger; (b) as a result of a Permitted Acquisition, or (c) mergers or consolidations involving Borrower if Borrower is the surviving entity, (cb) mergers among Wholly-owned CompaniesRestricted Subsidiaries of Borrower; PROVIDED THATprovided that, in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity. No Company Unrestricted Subsidiary of Borrower will, directly or indirectly, merge or consolidate with Borrower or any Restricted Subsidiary of Borrower. No Loan Party shall liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.25Section 9.24. No Company Loan Party may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other CompanySubsidiary of such entity, EXCEPT except for sales, leases, transfers, or other such distributions to another CompanyCompany and pursuant to Permitted Asset Swaps.

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Company will, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result of the Sygnet Merger; (b) as a result of Merger or a Permitted Acquisition, (cb) mergers or consolidations involving Borrower if Borrower is the surviving entity, (c) mergers among Wholly-owned Companies; PROVIDED THATprovided that, in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity; provided further that, from and after the Fourth Amendment Date, no merger or consolidation (other than the Merger) may affect, either directly or indirectly, the ownership of Digex. No Company shall liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.259.18. No Company may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other Company, EXCEPT for sales, leases, transfers, or other such distributions to another Company.other

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Company or Guarantor will, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result the dissolution of the Sygnet Merger; Rehabilitation Corporation of America, (b) as a result of a Permitted Acquisition, (c) mergers or consolidations involving Borrower if Borrower is the surviving entity, (cd) mergers among Wholly-owned Companies; PROVIDED THAT, in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity. No Company or Guarantor shall liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.259.26. No Company or Guarantor may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other Company, EXCEPT for sales, leases, transfers, or other such distributions to another Company.

MERGERS AND DISSOLUTIONS; SALE OF CAPITAL STOCK. No Company will, directly or indirectly, merge or consolidate with any other Person, other than (a) as a result of the Sygnet Merger; (b) as a result of a Permitted Acquisition, (cb) mergers or consolidations involving Borrower if Borrower is the surviving entity, (c) mergers among Wholly-owned Companies; PROVIDED THATprovided that, in any merger involving Borrower (including a Permitted Acquisition effected as a merger, other than the Sygnet Merger), Borrower must be the surviving entity, and, in any merger involving any other Company (including a Permitted Acquisition effected as a merger), a Company must be the surviving entity. No Company shall liquidate, wind up, or dissolve (or suffer any liquidation or dissolution), other than liquidations, wind ups, or dissolutions incident to mergers permitted under this SECTION 9.259.18. No Company may sell, assign, lease, transfer, or otherwise dispose of the capital stock (or other ownership interests) of any other Company, EXCEPT except for sales, leases, transfers, or other such distributions to another CompanyCompany or as permitted pursuant to and in accordance with SECTIONS 9.15 and 9.16(g).