Common use of Xxxxxxx and demergers Clause in Contracts

Xxxxxxx and demergers. A decision is made that any Group Company shall be demerged or merged if such merger or demerger is likely to have a Material Adverse Effect, provided that a merger subject to existing security between Subsidiaries only or between the Issuer and a Subsidiary, where the Issuer is the surviving entity, shall not be an Event of Default and a merger involving the Issuer, where the Issuer is not the surviving entity, shall always be considered an Event of Default and provided that the Issuer may not be demerged.

Appears in 2 contracts

Samples: Waiver and Amendment and Restatement Agreement, Amendment and Restatement Agreement

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Xxxxxxx and demergers. A decision is made that any Material Group Company shall be demerged or merged if such merger or demerger is likely to have a Material Adverse Effect, provided that a merger subject to existing security between Subsidiaries only or between the Issuer and a Subsidiary, where the Issuer is the surviving entity, shall not be an Event of Default and a merger involving the Issuer, where the Issuer is not the surviving entity, shall always be considered an Event of Default and provided that the Issuer may not be demerged.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement, Amendment and Restatement Agreement

Xxxxxxx and demergers. A decision is made that any Material Group Company shall be demerged or merged if such merger or demerger is likely to have a Material Adverse Effect, provided that a merger subject to existing security between Subsidiaries only or between the Issuer and a Subsidiary, where the Issuer is the surviving entity, shall not be an Event of Default and (i) a merger involving the Issuer, where the Issuer is not the surviving entity, shall always be considered an Event of Default and provided that the Issuer may not be demerged.

Appears in 1 contract

Samples: Amendment and Restatement Agreement

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Xxxxxxx and demergers. A decision is made that any Group Company shall be demerged or merged if such merger or demerger is likely to have a Material Adverse Effect, provided that Effect or a merger subject to existing security between Subsidiaries only or between the Issuer and a Subsidiary, decision where the Issuer is the surviving entity, shall not be an Event of Default and enter into a merger involving the Issuer, where the Issuer is not the surviving entity, shall always be considered an Event of Default and provided that the Issuer may not be demergedentity or a demerger.

Appears in 1 contract

Samples: Amendment and Restatement Agreement

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