Mergers and Sales of Assets. The Company will not, and will not permit any Guarantor to, (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of the assets of the Company and its Subsidiaries, taken as a whole, to any other Person; provided that (a) the Company may merge with another Person if (x) the Company is the corporation surviving such merger and (y) after giving effect to such merger, no Default shall have occurred and be continuing and (b) any Guarantor may be a party to any merger or consolidation permitted by Section 5.04.
Appears in 5 contracts
Samples: Agreement (Estee Lauder Companies Inc), Credit Agreement (Estee Lauder Companies Inc), Credit Agreement (Estee Lauder Companies Inc)
Mergers and Sales of Assets. The Company Borrower will not, and will not permit any the Guarantor to, (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of the assets of the Company Borrower and its Subsidiaries, taken as a whole, to any other Person; provided that (a) the Company Borrower may merge with another Person if (x) the Company Borrower is the corporation surviving such merger and (y) after giving effect to such merger, no Default shall have occurred and be continuing and (b) any the Guarantor may be a party to any merger or consolidation permitted by Section 5.04.
Appears in 1 contract
