Common use of Sale of Assets, Merger, etc Clause in Contracts

Sale of Assets, Merger, etc. Without the prior written consent of LESSOR, which consent shall not be unreasonably or arbitrarily withheld, LESSEE will not sell, lease, assign, transfer or otherwise dispose of substantially all of its assets, whether now owned or hereafter acquired, except in the ordinary course of its business as presently conducted and for a full and adequate consideration, and will not merge or consolidate with or into, or acquire substantially all of the assets and assume substantially all of the liabilities of, any corporation or other entity unless the surviving entity is the LESSEE or the surviving entity assumes this Lease and the financial condition of LESSEE or the surviving entity after such sale of assets, merger, consolidation or acquisition is equal to or better than that of LESSEE immediately prior thereto as LESSOR in its reasonable judgment shall determine.