Common use of Mergers or Acquisitions Clause in Contracts

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- their Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its their Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, provided that any Subsidiary of Borrower may merge into Borrower.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other non-Affiliate business organization, other than Lender or its Affiliates, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than a merger of any Subsidiaries with Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or cease operations, liquidate, change its name, or dissolve (other than pursuant to a merger of a Subsidiary with Borrower).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, equity securities, or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge merger or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, shares or property of another Person.Person except that: (a) Borrower or any of its Subsidiaries shall be permitted to acquire all or substantially all of the capital stock, shares or property of another Person so long as (i)

Mergers or Acquisitions. Merge or consolidate, or permit any ----------------------- of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit ----------------------- any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, shares or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson without the consent of Bank, not to be unreasonably withheld, conditioned or delayed.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than pursuant to a transaction in which all Obligations to the Bank are paid on the initial closing thereof.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than mergers or acquire, or permit any consolidations of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.a

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquireacquired, all or substantially all of the capital stock or property of another Person, without the consent of Bank which shall not be unreasonably withheld.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with any Person other than with Borrower or into any other business organizationSubsidiary, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Persona Person other than Borrower or any Guarantor.

Mergers or Acquisitions. Merge Merger or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person." and inserting in lieu thereof the following:

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, without the prior written consent of Bank.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or of property of another PersonPerson other than as permitted in the Loan Agreement.

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for mergers of Subsidiaries with each other or with Borrower, provided that Borrower is the surviving Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person., except that the Borrower or any of its Subsidiaries may merge or consolidate with another

Mergers or Acquisitions. Merge or consolidate, or permit any ----------------------- of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except with respect to transactions (i) among Borrower and its wholly owned Subsidiaries provided that Borrower is the surviving entity of each such transaction, and (ii) among Borrower’s wholly owned Subsidiaries.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except that Subsidiaries may merge or consolidate with each other or into Borrower.

Mergers or Acquisitions. Merge Other than the Merger, merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or enter into any agreement to do any of the same.

Mergers or Acquisitions. Merge or consolidate, ; or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than any Affiliate of a Borrower; or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (other than any Affiliate of a Borrower).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except where Borrower is the surviving entity.

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, without the prior written consent of Bank and the delivery to Bank by Borrower of a Borrower prepared proforma consolidated financial statement.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for the merger or consolidation of one or more Subsidiaries of Borrower with or into Borrower or the merger or consolidation of two or more Subsidiaries of Borrower.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.or

Mergers or Acquisitions. Merge or consolidate, or ----------------------- permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge Other than in connection with a Permitted Acquisition: (a) merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, ; or (b) acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for the merger or consolidation of one or more Subsidiaries of Borrower with or into Borrower or the merger or consolidation of two or more Subsidiaries of Borrower, unless as a condition to the consummation of such merger or acquisition, all Obligations are satisfied in full.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than in connection with Permitted Investments.

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries subsidiaries to merge or consolidate, with or into any other business organizationorganization or entity, or acquire, or permit any of its Subsidiaries subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, shares or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. (i) Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person; or (ii) merge or consolidate a Subsidiary into another Subsidiary or into Borrower.

Mergers or Acquisitions. Merge Other than as described on the ----------------------- Schedule, merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than: (i) mergers or consolidations between or among Borrowers; (ii) mergers or consolidations between or among Foreign Subsidiaries of Borrowers; or (iii) mergers or consolidations permitted under subsection (g) of the defined term Permitted Investments.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into a Loan Party), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.,

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquireother than in connection with the Specified Acquisition, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, equity securities, or property of another Person.

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.capital

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.to

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (not an Affiliate).

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.or