Common use of Sale of Assets; Merger and Consolidation Clause in Contracts

Sale of Assets; Merger and Consolidation. The Company will not, nor will it permit any Consolidated Subsidiary to, (a) sell, lease or otherwise transfer, directly or indirectly, assets which, when aggregated with all other such transfers during the term of this Agreement, would constitute more than 50% of the consolidated assets of the Company and its Consolidated Subsidiaries as of the date of this Agreement or (b) merge or consolidate with or into or enter into any analogous reorganization or transaction with any other person, except: (i) Any Consolidated Subsidiary or other corporation may merge or consolidate with the Company, provided that after giving effect to any such merger or consolidation, (x) the Company shall be the continuing or surviving corporation and (y) no Default or Unmatured Default shall exist, (ii) Any Consolidated Subsidiary may merge or consolidate with any other Consolidated Subsidiary, (iii) Any other corporation may merge or consolidate with any Consolidated Subsidiary, provided that after giving effect to any such merger or consolidation, (x) the continuing or surviving corporation shall be a Consolidated Subsidiary and (y) no Default or Unmatured Default shall exist, and (iv) Sales, leases, transfers or other dispositions of assets by Financial Subsidiaries shall not be restricted by the provisions of this Section 6.9 and shall not count against the 50% limit set forth herein.

Sale of Assets; Merger and Consolidation. The Company Borrower will not, nor will it permit any Consolidated Subsidiary to, (ax) sell, lease or otherwise transfer, directly or indirectly, assets which, when aggregated with all other such transfers during the term of this Agreement, would constitute more than 50% of the consolidated assets of the Company Borrower and its Consolidated Subsidiaries as of the date of this Agreement or (by) merge or consolidate with or into or enter into any analogous reorganization or transaction with any other personPerson, except: (ia) Any Consolidated Subsidiary or other corporation may merge or consolidate with the CompanyBorrower, provided that after giving effect to any such merger or consolidation, (xi) the Company Borrower shall be the continuing or surviving corporation and (yii) no Default or Unmatured Default shall exist, (iib) Any Consolidated Subsidiary may merge or consolidate with any other Consolidated Subsidiary, (iiic) Any other corporation may merge or consolidate with any Consolidated Subsidiary, provided that after giving effect to any such merger or consolidation, (xi) the continuing or surviving corporation shall be a Consolidated Subsidiary and (yii) no Default or Unmatured Default shall exist, and (ivd) Sales, leases, transfers or other dispositions of assets by Financial Subsidiaries shall not be restricted by the provisions of this Section 6.9 and shall not count against the 50% limit set forth herein.

Sale of Assets; Merger and Consolidation. The Company will not, nor will it permit any Consolidated Subsidiary to, (ax) sell, lease or otherwise transfer, directly or indirectly, assets which, when aggregated with all other such transfers during the term of this Agreement, would constitute more than 50% of the consolidated assets of the Company and its Consolidated Subsidiaries as of the date of this Agreement or (by) merge or consolidate with or into or enter into any analogous reorganization or transaction with any other person, except: (ia) Any Consolidated Subsidiary or other corporation may merge or consolidate with the Company, provided that after giving effect to any such merger or consolidation, (xi) the Company shall be the continuing or surviving corporation and (yii) no Default or Unmatured Default shall exist, (iib) Any Consolidated Subsidiary may merge or consolidate with any other Consolidated Subsidiary,, and (iiic) Any other corporation may merge or consolidate with any Consolidated Subsidiary, provided that after giving effect to any such merger or consolidation, (xi) the continuing or surviving corporation shall be a Consolidated Subsidiary and (yii) no Default or Unmatured Default shall exist, and (iv) Sales, leases, transfers or other dispositions of assets by Financial Subsidiaries shall not be restricted by the provisions of this Section 6.9 and shall not count against the 50% limit set forth herein.