Common use of Consolidations, Mergers and Sales of Assets Clause in Contracts

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if, unless:

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate Consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets if immediately after giving effect to another Person if:such merger (x) no Default shall exist, and (y) the Borrower is the surviving entity.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:if the Borrower is the corporation surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:, unless

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets Substantial Assets to any Person (other Personthan a Subsidiary); provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:if the Borrower is the entity surviving such merger and, after giving effect thereto, no Default shall have occurred and be continuing.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will shall not (i) consolidate with or merge with or into any other Person corporation or (ii) sellconvey, transfer or lease or otherwise transfer, directly or indirectly, all or its properties and assets substantially all of its assets as an entirety to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if, unless:

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that that, the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets if (A) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to another Person if:such merger, no Default shall have occurred and be continuing.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:if the Borrower is the surviving corporation and, after giving effect thereto, no Default exists.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person (other than a Subsidiary of the Borrower) or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (ia) consolidate or merge with or into any other Person person or (iib) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:person.

Consolidations, Mergers and Sales of Assets. (a) The No Borrower will not shall (i) consolidate or merge with or into any other Person or (ii) sell, lease sell or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:, except as otherwise contemplated in this Agreement.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will shall not (i) consolidate with or merge with or into any other Person or convey, transfer or lease (iiwhether in one transaction or in a series of transactions) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its properties and assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of , unless Lender gives its assets to another Person ifprior written consent or:

Consolidations, Mergers and Sales of Assets. (a) The No Borrower will not shall (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other Person; provided that , other than sales of assets in the Borrower may merge or consolidate with another Person or sell all or substantially all ordinary course of its assets to another Person if:business.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) merge or consolidate or merge with or into any other Person or (ii) sell, lease lease, transfer or otherwise transfer, directly or indirectly, dispose of all or substantially all of its assets to assets, property or business in any other Person; provided that the Borrower may merge single transaction or consolidate with another Person or sell all or substantially all series of its assets to another Person if:related transactions, unless

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets if (A) the Borrower is the corporation surviving such merger and (B) immediately after giving effect to another Person if:such merger, no Default shall have occurred and be continuing.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate Consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets if immediately after giving effect to another Person if:such merger (x) no Default shall exist and (y) the Borrower is the surviving entity.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) merge or consolidate or merge with or into any other non-affiliated Person or (ii) sell, lease lease, transfer or otherwise transfer, directly or indirectly, all or dispose of substantially all of its assets as an entirety to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person ifunless:

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:, unless

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.

Consolidations, Mergers and Sales of Assets. (a) The ------------------------------------------- Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.

Consolidations, Mergers and Sales of Assets. (a) The ------------------------------------------- Borrower will not (i) consolidate or merge with or into any other Person or (ii) except for Investments, sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all any substantial part of its assets to any Person other Person; provided that the than a Wholly-Owned Consolidated Subsidiary. The Borrower may will not permit any of its Subsidiaries to consolidate or merge with or consolidate with another Person into, or sell transfer all or substantially all any substantial part of its assets to another to, any Person if:other than the Borrower or a Wholly-Owned Consolidated Subsidiary.

Consolidations, Mergers and Sales of Assets. No Borrower will, directly or indirectly (a) The Borrower will not (i) consolidate or merge or amalgamate with or into any other Person Person, other than pursuant to a Permitted Acquisition, or (iib) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to consummate any Asset Dispositions other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:than Permitted Asset Dispositions.

Consolidations, Mergers and Sales of Assets. (a) The Borrower ------------------------------------------- will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its the assets of the Borrower to any other PersonPerson or Persons; provided that the -------- Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:if (A) the Borrower is the entity surviving such merger and (B) after giving effect thereto, no Default shall have occurred.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may (A) merge or consolidate with another Person or if (1) the Borrower is the corporation surviving such merger and (2) immediately after giving effect to such merger, no Default shall have occurred and be continuing and (B) sell all or substantially all of its assets to another Person if:Margin Stock for fair value.

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all any substantial part of the assets of the Borrower and its assets Subsidiaries, taken as a whole, to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:if the

Consolidations, Mergers and Sales of Assets. (a) The Borrower will not (i) except as provided in Section 5.04, consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, transfer all or substantially all of its assets to any other Person; provided that the Borrower may merge or consolidate with another Person or sell all or substantially all of its assets to another Person if:.