Common use of Mergers, Etc Clause in Contracts

Mergers, Etc. Neither the Borrower nor any Subsidiary will consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets to any Person, except that

Mergers, Etc. Neither The Borrower will not, nor will it permit any Subsidiary of the Borrower nor any Subsidiary will to merge with or consolidate with or merge into any other Person or permit any other Person to consolidate with purchase or merge into it, or otherwise acquire all or substantially all a substantial part of the capital stock business or assets Property of any Person or all or a substantial part of the business or Property of a division or branch of a Person or a majority interest in the Capital Stock of any Person, or sellwind-up, assign, lease dissolve or otherwise dispose liquidate itself; provided that notwithstanding the foregoing or any other provision of (whether in one transaction this Agreement as long as no Default exists or in a series of transactions) all or substantially all of its assets to any Person, except thatwould result therefrom:

Mergers, Etc. Neither the Borrower nor any Subsidiary will consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets to any Person, except that

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a “consolidation”); provided that:

Mergers, Etc. Neither the The Borrower nor will not, and will not permit any Restricted Subsidiary will to, merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a “consolidation”); provided that

Mergers, Etc. Neither the Borrower nor any Subsidiary will ------------ merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any other Person, except that.

Mergers, Etc. Neither the Borrower nor any Restricted Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except that:

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except that.

Mergers, Etc. Neither the Borrower nor any Subsidiary subsidiary will consolidate with or merge into any other Person or permit any other Person to consolidate consolidated with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets to any Person, except that

Mergers, Etc. Neither the Borrower nor any Subsidiary will consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction -28- 29 or in a series of transactions) all or substantially all of its assets to any Person, except that

Mergers, Etc. Neither the Borrower nor any Material Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a “consolidation”); provided that

Mergers, Etc. Neither the The Borrower nor will not, and will not permit any Subsidiary will to, merge into or with or consolidate with or merge into any other Person Person, or permit any other Person to merge into or consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assigntransfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (whether now owned or hereafter acquired) (any such transaction, except a “consolidation”) or liquidate or dissolve; provided that:

Mergers, Etc. Neither the Borrower nor any Subsidiary will of Borrower shall directly or indirectly, by operation of law or otherwise, merge with, consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into itwith, or acquire all or substantially all of the assets or capital stock of, or assets of otherwise combine with, any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets to form any Person, except thatSubsidiary.

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except that.

Mergers, Etc. Neither the The Borrower nor will not, and will not permit any Subsidiary will to, merge into or with or consolidate with or merge into any other Person Person, or permit any other Person to merge into or consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assigntransfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (whether now owned or hereafter acquired) (any such transaction, except thata “consolidation”), or liquidate or dissolve.

Mergers, Etc. Neither the Borrower nor any Restricted Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any Personother Person (any such transaction, except a “consolidation”); provided that

Mergers, Etc. Neither the Borrower nor any Subsidiary other member of the Borrower Group will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any other Person, except that.

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a "consolidation"); provided that

Mergers, Etc. Neither the Borrower nor any Subsidiary of its Subsidiaries will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except thatfor mergers or consolidations among Borrower and its Subsidiaries.

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except thatBorrower may merge into or consolidate with any other Person provided that Borrower is the surviving entity and no Default exists or would result therefrom and Borrower and any Subsidiary may merge or consolidate, or sell, lease or otherwise dispose of all or substantially all of its property with Borrower or any other Subsidiary.

Mergers, Etc. Neither the The Borrower nor will not, and will not permit any Subsidiary will to, merge into or with or consolidate with or merge into any other Person Person, or permit any other Person to merge into or consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose Dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property (whether now owned or hereafter acquired) to any Person, except thatother Person or liquidate or dissolve.

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except thatthat the foregoing restriction shall not apply to the merger of any Subsidiary into the Borrower or another Subsidiary.

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a "consolidation"); provided that:

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any other Person. Except as approved by the Administrative Agent and the Lenders in writing, except thatthe Borrower shall not issue any additional Equity Interests in the Borrower.

Mergers, Etc. Neither With the exception of the Merger, neither the ------------ Borrower nor any Restricted Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any Personother Person (any such transaction, except a "consolidation"); provided that

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except a “consolidation”); provided that

Mergers, Etc. Neither the Borrower nor any Subsidiary or Parent will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except thata "consolidation").

Mergers, Etc. Neither the Borrower nor any Material ------------- Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except thata "consolidation"); provided that -------------

Mergers, Etc. Neither the Borrower nor any Subsidiary will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its Property or assets to any other Person, except that; provided that any Subsidiary may merge with or transfer all or substantially all of its assets (i) to any other Subsidiary or (ii) to the Borrower (with the Borrower being the surviving corporation).

Mergers, Etc. Neither the Borrower nor any Subsidiary Affiliate will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any other Person, except that.

Mergers, Etc. Neither the Borrower nor any Material Subsidiary ------------ will merge into or with or consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, or acquire all or substantially all of the capital stock or assets of any Person, or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Property to any Personother Person (any such transaction, except thata "consolidation"); provided that -------------