Common use of Mergers, Consolidations and Sales or Transfers of Assets Clause in Contracts

Mergers, Consolidations and Sales or Transfers of Assets. (a) The Borrower will not, and will not permit any Restricted Subsidiary to, enter into any transaction of merger or consolidation or transfer, sell, assign, lease, or otherwise dispose of all or a substantial part of its properties or assets to any Person, except that: (1) any Restricted Subsidiary may merge or consolidate with or into the Borrower or any other Restricted Subsidiary (other than the Insurance Subsidiary) so long as in any merger or consolidation involving the Borrower, the Borrower shall be the surviving or continuing corporation; (2) the Borrower may merge or consolidate with any other Person provided that (i) the Borrower shall be the surviving and continuing corporation; and (ii) at the time of such consolidation or merger and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing; (3) any Restricted Subsidiary may sell or convey all or substantially all of its assets to the Borrower or to another Restricted Subsidiary (other than the Insurance Subsidiary); and (4) the Borrower or any Restricted Subsidiary may sell all or a substantial part of the assets of the Borrower and its Restricted Subsidiaries pursuant to, and in compliance with, Section 10.4 of the Company Security Agreement and Section 10.4

Mergers, Consolidations and Sales or Transfers of Assets. (a) The Borrower will not, and will not permit any Restricted Subsidiary to, enter into any transaction of merger or consolidation or transfer, sell, assign, lease, or otherwise dispose of all or a substantial part of its properties or assets to any Person, except that: (1) any Restricted Subsidiary may merge or consolidate with or into the Borrower or any other Restricted Subsidiary (other than the Insurance Subsidiary) so long as in any merger or consolidation involving the Borrower, the Borrower shall be the surviving or continuing corporation; (2) the Borrower may merge or consolidate with any other Person provided corporation PROVIDED that (i) the Borrower shall be the surviving and continuing corporation; and (ii) at the time of such consolidation or merger and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing; (3) any Restricted Subsidiary may sell or convey all or substantially all of its assets to the Borrower or to another Restricted Subsidiary (other than the Insurance Subsidiary); and (4) the Borrower or any Restricted Subsidiary may sell all or a substantial part of the assets of the Borrower and its Restricted Subsidiaries pursuant to, and in compliance with, Section 10.4 of the Company Security Agreement and Section 10.4

Mergers, Consolidations and Sales or Transfers of Assets. (a) The Borrower Company will not, and will not permit any Restricted Subsidiary to, to enter into any transaction of merger or consolidation or transfer, sell, assign, lease, or otherwise dispose of all or a substantial part of its properties or assets to any Person, except that: (1) any Restricted Subsidiary may merge or consolidate with or into the Borrower Company or any other Restricted Subsidiary (other than the Insurance Subsidiary) so long as in any merger or consolidation involving the BorrowerCompany, the Borrower Company shall be the surviving or continuing corporation; (2) the Borrower Company may merge or consolidate with any other Person provided corporation PROVIDED that (i) the Borrower Company shall be the surviving and continuing corporation; and (ii) at the time of such consolidation or merger and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing; (3) any Restricted Subsidiary may sell or convey all or substantially all of its assets to the Borrower Company or to another Restricted Subsidiary (other than the Insurance Subsidiary); and (4) the Borrower Company or any Restricted Subsidiary may sell all or a substantial part of the assets of the Borrower Company and its Restricted Subsidiaries pursuant to, to and in compliance with, with Section 10.4 of the Company Security Agreement and or Section 10.4