Common use of No Consolidation, Amalgamation, etc Clause in Contracts

No Consolidation, Amalgamation, etc. Consolidate, amalgamate or merge with any other Person, export a corporation into a jurisdiction outside of Canada, enter into any corporate reorganization or other transaction intended to effect or otherwise permit a change in its type of existence, liquidate, wind-up or dissolve itself, or permit any liquidation, winding-up or dissolution, unless prior written approval has been received from the Majority Lenders and such customary documentation as is required by Lenders' Counsel, acting reasonably, is delivered concurrently with such transaction. Notwithstanding the foregoing, (i) a Credit Party may consolidate, amalgamate or merge with another Credit Party, liquidate, wind-up or dissolve itself into another Credit Party so long as (A) to the extent that the Borrower is involved, the Borrower is the surviving entity and remains an entity constituted under the laws of Canada or a province or territory thereof; and (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions; and (ii) a Group Party may consolidate, amalgamate or merge with a Credit Party, liquidate, wind-up or dissolve into a Credit Party so long as (A) a Credit Party is the surviving entity and (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions.

No Consolidation, Amalgamation, etc. ConsolidateNo Group Party shall consolidate, amalgamate or merge with any other Person, export a corporation into a jurisdiction outside of Canada, enter into any corporate reorganization or other transaction intended to effect or otherwise permit a change in its type of existence, liquidate, wind-up or dissolve itself, or permit any liquidation, winding-up or dissolution, unless either (i) all Obligations owing to the Lender outstanding under the Loan Documents (including the Outstanding Amount and the Multiple on Invested Capital) as at the date of such transaction are to be repaid in full in connection with the completion of such transaction, or (ii) the prior written approval from the Lender has been received from the Majority Lenders and such customary documentation as is required by Lenders' Xxxxxx’s Counsel, acting reasonably, is delivered concurrently with such transaction. Notwithstanding the foregoing, (i) a Credit Party may consolidate, amalgamate or merge with another Credit Party, liquidate, wind-up or dissolve itself into another Credit Party so long as (A) to the extent that the Borrower is involved, the Borrower is the surviving entity and remains an entity constituted under the laws of Canada or a province or territory thereof; and (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions; and (C) the Borrower has provided the Lender with at least 10 Business Days’ prior written notice of such transaction; and (ii) a Group Party (other than an Excluded Subsidiary) may consolidate, amalgamate or merge with a Credit Party, liquidate, wind-up or dissolve into a Credit Party so long as (A) a Credit Party is the surviving entity and entity; (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions.; ; and

No Consolidation, Amalgamation, etc. ConsolidateNo Group Party shall consolidate, amalgamate or merge with any other Person, export a corporation into a jurisdiction outside of Canada, enter into any corporate reorganization or other transaction intended to effect or otherwise permit a change in its type of existence, liquidate, wind-up or dissolve itself, or permit any liquidation, winding-up or dissolution, unless either (i) all Obligations owing to the Lender outstanding under the Loan Documents (including the Outstanding Amount and the Multiple on Invested Capital) as at the date of such transaction are to be repaid in full in connection with the completion of such transaction, or (ii) the prior written approval from the Lender has been received from the Majority Lenders and such customary documentation as is required by Lenders' Lxxxxx’s Counsel, acting reasonably, is delivered concurrently with such transaction. Notwithstanding the foregoing, (i) a Credit Party may consolidate, amalgamate or merge with another Credit Party, liquidate, wind-up or dissolve itself into another Credit Party so long as (A) to the extent that the Borrower is involved, the Borrower is the surviving entity and remains an entity constituted under the laws of Canada or a province or territory thereof; and (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions; and (C) the Borrower has provided the Lender with at least 10 Business Days’ prior written notice of such transaction; and (ii) a Group Party (other than an Excluded Subsidiary) may consolidate, amalgamate or merge with a Credit Party, liquidate, wind-up or dissolve into a Credit Party so long as (A) a Credit Party is the surviving entity and entity; (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions.; ; and

No Consolidation, Amalgamation, etc. ConsolidateNo Group Party shall consolidate, amalgamate or merge with any other Person, export a corporation into a jurisdiction outside of Canada, enter into any corporate reorganization or other transaction intended to effect or otherwise permit a change in its type of existence, liquidate, wind-up or dissolve itself, or permit any liquidation, winding-up or dissolution, unless either (i) all Obligations owing to the Lender outstanding under the Loan Documents (including the Outstanding Amount and the Multiple on Invested Capital) as at the date of such transaction are to be repaid in full in connection with the completion of such transaction, or (ii) the prior written approval from the Lender has been received from the Majority Lenders and such customary documentation as is required by Lenders' Lender’s Counsel, acting reasonably, is delivered concurrently with such transaction. Notwithstanding the foregoing, (i) a Credit Party may consolidate, amalgamate or merge with another Credit Party, liquidate, wind-up or dissolve itself into another Credit Party so long as (A) to the extent that the Borrower is involved, the Borrower is the surviving entity and remains an entity constituted under the laws of Canada or a province or territory thereof; and (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions; and (C) the Borrower has provided the Lender with at least 10 Business Days’ prior written notice of such transaction; and (ii) a Group Party (other than an Excluded Subsidiary) may consolidate, amalgamate or merge with a Credit Party, liquidate, wind-up or dissolve into a Credit Party so long as (A) a Credit Party is the surviving entity and entity; (B) no Default or Event of Default has occurred and is continuing at such time or will result from such transactions.; ; and