Common use of Mergers, Etc Clause in Contracts

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower or into any other Person (so long as the surviving corporation is a Subsidiary of the Borrower), and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower; , provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the either Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and such Borrower, (ii) any Subsidiary of the either Borrower may merge or consolidate into such Borrower and (iii) either Borrower may merge with and into the Borrower; provided, that the any other Person so long as such Borrower is the surviving corporation; , provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Material Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower Borrower, and (ii) except that any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that Borrower and the Borrower may merge with any other Person so long as the Borrower is the surviving corporation; , provided, further, that in each case, immediately that (i) no Default shall have occurred and be continuing at the time of such proposed transaction or would result therefrom and (ii) the nature of the Borrower's business will not change after giving effect to such proposed transaction, no Event of Default or Default would exist.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, provided that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, Person except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of into the Borrower and (ii) any Subsidiary of Person may merge into the Borrower may merge or consolidate with and into the Borrower; provided, that so long as the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existotherwise result therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries Significant Subsidiary to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and Borrower, (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.,

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of into the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that any other Person so long as the Borrower is the surviving corporation; , provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of into the Borrower and (ii) or any Subsidiary of the Borrower, (ii) the Borrower may merge or consolidate with and into the Borrower; provided, that any other Person so long as the Borrower is the surviving corporation; provided, further, that corporation and (iii) in each case, immediately after giving effect to such proposed transaction, no Event of Default connection with any transaction permitted by Section 7.02(c) or Default would exist(e).

Mergers, Etc. Merge or consolidate with or into any ------------ Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower Borrower, and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower; , provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no -------- Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any ------------ Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower Borrower, and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower or into any other Person (so long as the surviving corporation is a Subsidiary of the Borrower; ), provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have -------- occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.

Mergers, Etc. Merge or consolidate with or into any ------------ Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower or into any other Person (so long as the surviving corporation is a Subsidiary of the Borrower), and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower; , provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have -------- occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Material Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.,

Mergers, Etc. Merge with or into or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other Subsidiary of the Borrower Borrower, and (ii) any Subsidiary of the Borrower Borrower's Subsidiaries may merge or consolidate with and or into the Borrower; provided, that the Borrower is the surviving corporation; provided, furtherhowever, that in each case, immediately after giving effect to such proposed transactionthereto, no Event event shall occur and be continuing that constitutes a Default and in the case of Default or Default would existany such merger to which the Borrower is a party, the Borrower is the surviving corporation.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and Borrower, (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; Borrower and any Subsidiary of the Borrower may merge into any other Person for the purpose of consummating a transaction permitted by Section 5.02(f)(iii) or 5.02(h), provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower or into any other Person (so long as the surviving corporation is a Subsidiary of the Borrower), and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; providedPROVIDED, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower Borrower, and (ii) except that any Subsidiary of the Borrower or any other Person may merge or consolidate with and into the Borrower; provided, that the Borrower is or into any other Person (so long as the surviving corporation; providedcorporation is a Subsidiary of the Borrower), furtherPROVIDED, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into into, any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and Borrower, (ii) any Subsidiary of the Borrower may merge or consolidate with and or into the Borrower; Borrower and (iii) the Borrower may merge or consolidate with or into Sears, provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to that no Default shall have occurred and be continuing at the time of such proposed transaction, no Event of Default transaction or Default would existresult therefrom.

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that that: (i) any Subsidiary of the Borrower may merge or consolidate with or into, into any other Subsidiary of the Borrower and Borrower, (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.,

Mergers, Etc. Merge into or consolidate with ------------ any Person or permit any Person to merge into any Personit, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary (other than Subsidiaries the capital stock of which is pledged to the Lenders pursuant to the Pledge Agreement) of the Borrower may merge into or consolidate with with, or intotransfer all or a portion of its assets to, any other Subsidiary of the Borrower and (ii) Borrower, provided that, in the case -------- of any such consolidation, the Person formed by such consolidation shall be a Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.,

Mergers, Etc. Merge or consolidate with or into any Person, or permit any of its Subsidiaries to do so, except that (i) any Subsidiary of the Borrower may merge or consolidate with or into, any other wholly owned Subsidiary of the Borrower and (ii) any Subsidiary of the Borrower may merge or consolidate with and into the Borrower; provided, that the Borrower is the surviving corporation; provided, further, that in each case, immediately after giving effect to such proposed transaction, no Event of Default or Default would exist.