Common use of Merger Clause in Contracts

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor and will it not permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Parent and the Borrower will not, nor will it they permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge (i) into the Borrower or a Wholly-Owned SubsidiarySubsidiary or (ii) in connection with a Permitted Acquisition.

Merger. The Borrower will not, nor will it permit any Principal Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or (a) merge, consolidate with or enter into any analogous reorganization or transaction with any other Person, except that for any merger of a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary of the Borrower or any Guarantor or (b) liquidate, wind up or dissolve itself (or suffer any liquidation, wind up or dissolution.

Merger. The Borrower will not, nor will it permit any ------ Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into with the Borrower or a Wholly-Owned Subsidiary, provided that the Borrower or a Wholly-Owned Subsidiary is the surviving corporation in any such merger or consolidation.

Merger. The Neither the Borrower will notnor the General Partner will, nor will it they permit any Subsidiary (other than a Qualifying Investment Affiliate) to, merge or consolidate with or into any other Person, except that if no Default shall occur after giving effect to such merger, a Subsidiary may merge into the Borrower or another Subsidiary, and Borrower or General Partner may enter into a Wholly-Owned Subsidiarymerger in which such entity is the survivor.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into or consolidate with (i) the Borrower, with the Borrower as the surviving entity, or (ii) a Wholly-Owned Subsidiary.

Merger. The No Borrower will notwill, nor will it the Company permit any other Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that,

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) in connection with a Permitted Acquisition, provided however in any such case, the Borrower or the applicable Wholly-Owned Subsidiary must be the surviving entity and after giving effect thereto no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may amalgamate, merge or consolidate with or into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a any Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, the Borrower or a Subsidiary may merge with another Person to affect an Acquisition permitted by Section 6.14.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and except as provided in Sections 6.13(v) and (vi). 6.12.

Merger. The Borrower will not, nor will it permit any Significant ------ Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that;

Merger. The Borrower will not, nor will it permit Parent or any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary (subject to compliance with Section 6.25) and (ii) in connection with Permitted Acquisitions.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Wholly Owned SubsidiarySubsidiary that is party to the Guaranty and the Borrower may merge with or into any Person so long and the Borrower is the surviving Person.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into with the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) the Borrower and any Subsidiary may merge or consolidate with or into any other Person provided that the Borrower or such Subsidiary shall be the continuing or surviving corporation and, after giving effect to such merger or consolidation, no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit Parent or any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, or permit any other Person to merge into or consolidate with it, or liquidate or dissolve, except that a Subsidiary may merge merge, liquidate or dissolve into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) Zenith shall merge into the Borrower as required under this Agreement, and Zenith shall be the surviving corporation.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other PersonPerson or consummate a Division, except that a Subsidiary may merge into or consolidate with (i) the Borrower, with the Borrower as the surviving entity, or (ii) a Wholly-Owned Subsidiary, and except that a Subsidiary that is not a Credit Party may consummate a Division.

Merger. The Borrower will not, nor will it permit any Subsidiary to, ------ merge or consolidate with or into any other Person, except (a) that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and (b) as permitted in Section 6.13.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary (other than Warrior) may merge into the Borrower or a Wholly-Owned Subsidiary, and the Borrower or a Subsidiary may merge with another Person to affect an Acquisition permitted by Section 6.15. The Parent will not merge or consolidate with or into any other Person.

Merger. The Borrower will not, nor will it permit any Subsidiary ------ to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into with the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) the Borrower and any Subsidiary may merge or consolidate with or into any other Person provided that the Borrower or such Subsidiary shall be the continuing or surviving corporation and, after giving effect to such merger or consolidation, no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Subsidiary to, ------ merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge (i) into the Borrower or a Wholly-Owned Subsidiary or (ii) in connection with a Permitted Acquisition or (iii) in connection with a disposition permitted hereunder, provided, that if a Guarantor merges with another Subsidiary, the surviving entity shall be a Guarantor other than in connection with a disposition of such Guarantor.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and the Borrower or a Subsidiary may merge with another Person to affect an Acquisition permitted by Section 6.15. The Parent will not merge or consolidate with or into any other Person.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Significant ------ Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor and the Borrower will it not permit any Subsidiary to, merge into or consolidate with or into any other Person, except that a Subsidiary may or permit any other Person to merge into the Borrower or a Wholly-Owned consolidate with it or such Subsidiary., or liquidate or dissolve itself, except that:

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Wholly Owned SubsidiarySubsidiary that is party to the Guaranty.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower, with the Borrower as the surviving entity, or into a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Included Subsidiary to, merge or consolidate with or into any other Person, except that a an Included Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary which is also an Included Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge (i) into the Borrower or a Wholly-Owned Subsidiary or (ii) in connection with a Permitted Acquisition, provided, in each case, that (a) if a Guarantor merges with another Subsidiary, the surviving entity shall be a Guarantor and (b) a Domestic Subsidiary shall not merge into a Foreign Subsidiary.

Merger. The Each Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary (including any Borrower) may merge into the another Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into with the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge with and into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (x) the Borrower may consummate the Merger and (y) a Subsidiary may merge into the Borrower (with the Borrower as the surviving entity) or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (a) a Wholly-Owned Subsidiary may merge into the Borrower or a any Wholly-Owned Subsidiary.Subsidiary of the Borrower, (b) the Borrower or any Subsidiary may merge or consolidate with any other Person so long as the Borrower or such Subsidiary is the continuing or surviving corporation and, prior to and after giving effect to such

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, or sell, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired), except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, (ii) that a Subsidiary may merge or consolidate with or into any other Person as part of a Permitted Acquisition, and (iii) any other Person may merge or consolidate with or into any Subsidiary or the Borrower as part of a Permitted Acquisition.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge merge, amalgamate or consolidate with or into any other Person, except that a Subsidiary may merge or amalgamate into the Borrower or a Wholly-Owned SubsidiarySubsidiary of the Borrower.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower, with the Borrower as the surviving entity, or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (a) a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and (b) the Borrower or any Subsidiary may merge or consolidate with any other Person provided that, prior to and after giving effect to such merger or consolidation, no Default or Event of Default shall exist.

Merger. The Parent Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge into the Parent Borrower or a Wholly-Owned SubsidiarySubsidiary (subject to compliance with Section 6.25) and (ii) in connection with Permitted Acquisitions.

Merger. The Borrower will not, nor will it permit any Subsidiary toSubsidiary, to merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.that:

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, (i) unless the Borrower is the surviving entity and (ii) except that a Subsidiary may merge into or consolidate with the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other PersonPerson unless the Borrower (with respect to mergers or consolidations involving the Borrower) or a Subsidiary (with respect to mergers or consolidations not involving the Borrower) is the surviving corporation, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that except: (i) any merger of a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and (ii) any consolidation or merger in which the Borrower is the surviving entity and the shareholders of the Borrower prior to such consolidation or merger will control a majority of the Borrower's voting stock upon the closing of such consolidation or merger.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge (i) into the Borrower or a Wholly-Owned Subsidiary or (ii) in connection with a Permitted Acquisition, provided, in each case, that if a Guarantor merges with another Subsidiary, the surviving entity shall be a Guarantor.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, or liquidate or dissolve, or permit any other Person to merge into or consolidate with it, or liquidate or dissolve, except that a Subsidiary may merge merge, consolidate, liquidate or dissolve into the Borrower or a Wholly-Owned (with the Borrower being the survivor thereof, and with the Borrower being the survivor of any merger with Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary other than an Excluded Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a (i) Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.Subsidiary and (ii) the Borrower or a Subsidiary may merge, consolidate or amalgamate with any other Person in connection with an Acquisition, provided that such Acquisition is permitted by

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and (ii) so long as such a merger does not result in a Change in Control or otherwise violate any provision of this Agreement, the Borrower or any Subsidiary may merge with another Person so long as the Borrower or the applicable Subsidiary is the surviving entity.

Merger. The Borrower will not, nor will it permit any Subsidiary ------ to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, ------ merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into with the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) the Borrower and any Subsidiary may merge or consolidate with or into any other Person provided that the Borrower or such Subsidiary shall be the continuing or surviving corporation and, after giving effect to such merger or consolidation, no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Significant Subsidiary to, merge or consolidate with or into any other Person, except that a Significant Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into with the Borrower or a Wholly-Owned Subsidiary and (ii) the Borrower or a Subsidiary may merge or consolidate with any other Person pursuant to a Permitted Acquisition, provided that (a) the Borrower or such Subsidiary, as applicable shall be the surviving entity and (b) after giving effect thereto, no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and a Permitted Acquisition may be consummated as a merger.

Merger. The Borrower will not, nor will it permit any Subsidiary ------ to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and (ii) the Borrower may merge into another domestic corporation that assumes in writing all Obligations of the Borrower hereunder and whose debt instruments have received a credit rating of A- and A-3 by Standard and Poors and Xxxxx'x Investors Services, respectively.

Merger. The Borrower will not, nor will it permit any ------ Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge with and into the Borrower or a Wholly-Wholly- Owned SubsidiarySubsidiary and (ii) pursuant to a Permitted Acquisition.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge into with the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) the Borrower may merge with another Person; provided that (a) the Borrower is the surviving entity, and (b) immediately before and after the consummation of such transaction, no Default or Unmatured Default shall have occurred and be continuing.

Merger. The Borrower Borrowers will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that for mergers in which a Borrower is the surviving Person or any merger of a Subsidiary may merge with or into the a Borrower or a Wholly-Owned SubsidiarySubsidiary of a Borrower.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other PersonPerson without prior written notice to Lender, except that a Subsidiary of the Borrower may merge into the Borrower or with a Wholly-Wholly Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into (i) the Borrower, with the Borrower as the surviving entity, or (ii) a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary or a Subsidiary Guarantor.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge (i) into the Borrower or a Wholly-Wholly Owned SubsidiarySubsidiary or (ii) in connection with a Permitted Acquisition.

Merger. The Borrower will not, nor will it permit any Subsidiary to, (unless Required Lenders agree otherwise, in their sole discretion) merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge merge, amalgamate or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary of the Borrower.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) as permitted under Section 6.14(iv).

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiaryWholly‑Owned Subsidiary and except as provided in Sections 6.13(v) and (vi).

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary of the Borrower.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that except: (1) any merger of a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, and (2) any consolidation or merger in which the Borrower is the surviving entity and the shareholders of the Borrower prior to such consolidation or merger will control a majority of the Borrower's voting stock upon the closing of such consolidation or merger.

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, the Borrower or a Subsidiary may merge with another Person to affect an Acquisition permitted by Section 6.14. The Parent will not merge or consolidate with or into any other Person.

Merger. The Borrower will not, nor will it permit any ------ Subsidiary to, merge or consolidate with or into any other Person, except that (i) a Subsidiary may merge into with the Borrower or a Wholly-Owned SubsidiarySubsidiary and (ii) the Borrower and any Subsidiary may merge or consolidate with or into any other Person provided that the Borrower or such Subsidiary shall be the continuing or surviving corporation and, after giving effect to such merger or consolidation, no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a any Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiaryBorrower.

Merger. The Borrower will not, nor will it permit any Subsidiary ------ to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, or change its legal name or status as a corporation, limited liability or partnership, as applicable, without the prior written consent of the Required Banks.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.; provided however in any such case, the Borrower or the applicable Wholly-Owned Subsidiary must be the surviving entity and after giving effect thereto no Default or Unmatured Default shall exist. SIDLEY AXXXXX XXXXX & WXXX LLP

Merger. The Borrower will not, nor will it permit any Subsidiary of its Subsidiaries to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary, the Borrower or a Subsidiary may merge with another Person to affect an Acquisition permitted by Section 6.16. The Parent will not merge or consolidate with or into any other Person.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower (provided the Borrower is the surviving corporation) or a Wholly-Owned Subsidiary.Wholly-

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that (a) a Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary and (b) the Borrower or any Subsidiary may from time to time be party to a merger in connection with an Acquisition by the Borrower or such Subsidiary that is permitted under Section 6.14, so long as the Borrower or such Subsidiary is the survivor of such merger.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except (i) that a Subsidiary may merge with and into the Borrower or Borrower, and (ii) that a Wholly-Owned Subsidiary may merge with a Restricted Subsidiary (provided, that the survivor of any such merger is also a Restricted Subsidiary).

Merger. The Borrower will not, nor will it permit any Subsidiary to, of Borrower to merge or consolidate with or into any other Person, except that a so long as no Default or Unmatured Default has occurred and is continuing or would be caused thereby, any Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary toof its Subsidiaries to dissolve, liquidate, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary.

Merger. The Borrower will not, nor will it permit any Subsidiary to, merge or consolidate with or into any other Person, except that a Subsidiary may merge into the Borrower or a Wholly-Owned Subsidiary; provided, however in any such case, the Borrower or the applicable Wholly-Owned Subsidiary must be the surviving entity and after giving effect thereto no Default or Unmatured Default shall exist.

Merger. The Borrower will not, nor will it permit any Consolidated ------ Subsidiary to, merge or consolidate with or into any other Person, except that a Consolidated Subsidiary may merge into the Borrower or a Wholly-Owned SubsidiarySubsidiary or with any other Person in connection with a Permitted Acquisition.