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
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
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