Successor upon Consolidation, Merger and Sale of Assets. (a) The Company may not consolidate or merge with, or sell, lease, convey or otherwise transfer in one transaction or a series of related transactions all or substantially all of the consolidated assets of the Company and its subsidiaries to, any other Person (a “Fundamental Change”) unless the Company is the surviving corporation or the Company requires, as a necessary condition to the consummation of such transaction, that:
Appears in 3 contracts
Samples: Exchange and Purchase Agreement (Liveperson Inc), Liveperson Inc, Liveperson Inc
Successor upon Consolidation, Merger and Sale of Assets. (a) The Company may not may, without the consent of the Warrantholders, consolidate or merge with, or sell, lease, convey or otherwise transfer in one transaction or a series of related transactions all or substantially all of the consolidated assets of the Company and its subsidiaries to, any other Person (a “Fundamental Change”) unless so long as the Company is the surviving corporation or corporation, or, in the event that the Company requires, as a necessary condition to is not the consummation of such transaction, thatsurviving corporation:
Appears in 1 contract
