Common use of Fundamental Changes, Line of Business Clause in Contracts

Fundamental Changes, Line of Business. (a) The Borrower will not, and will not permit any of its Restricted Subsidiaries to merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary (provided that if any party to such merger, liquidation or consolidation is a Subsidiary Guarantor, the surviving or resulting entity shall be a Subsidiary Guarantor), and (iii) Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may be consummated; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 and 5.15, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower Loan Parties will not, and will not permit any of its Restricted their Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary of the Borrower and (provided that if any party to such merger, liquidation or consolidation merger is a Subsidiary Guarantor, the surviving or resulting entity shall be Loan Party) is a Subsidiary Guarantor)Loan Party, and (iii) Permitted Acquisitions as permitted by Section 6.04(vii6.04 (vii) or other Investments permitted by Section 6.04 of this Agreement may be consummated and (iv) the Permitted Restructuring may be consummated; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 5.11 and 5.155.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower Loan Parties will not, and will not permit any of its Restricted their Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any wholly owned Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any wholly owned Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted wholly owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted wholly owned Subsidiary (provided that and if any party to such merger, liquidation or consolidation merger is a Subsidiary GuarantorLoan Party, the surviving or resulting entity shall be is a Subsidiary GuarantorLoan Party), and (iii) any Subsidiary may merge with or into an entity in a Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may be consummatedAcquisition in a transaction in which the surviving entity is a Loan Party; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Administrative Agent to expressly assume the obligations of each non-surviving entity under each of the Loan Documents and to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Administrative Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 5.11 and 5.155.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower will Loan Parties shall not, and will shall not permit any of its Restricted their Subsidiaries to to, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any wholly-owned Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any wholly-owned Subsidiary of the Borrower may merge with or into, liquidate consolidate into or consolidate with any Restricted wholly-owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary and (provided that if any party to such merger, liquidation or consolidation merger is a Subsidiary Guarantor, the surviving or resulting entity shall be Loan Party) is a Subsidiary GuarantorLoan Party (if it would be required to be so pursuant to Section 5.14), and (iii) any Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 Acquisition may be consummatedconsummated so long as the surviving person is Borrower or a Subsidiary Loan Party (if it would be required to be so pursuant to Section 5.14); provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents Pledge Agreements and otherwise comply with the provisions of Sections 5.11, 5.12 and 5.155.14, in each case, case on the terms set forth therein and to the extent applicableapplicable and (iv) any Non-Loan Party may merge with or consolidate into any other Non-Loan Party.

Fundamental Changes, Line of Business. (a) The Borrower Loan Parties will not, and will not permit any of its Restricted their Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) CCI Illinois Holdings and CCI Texas Holdings may be merged together in a transaction in which either of them is the surviving corporation, (ii) the Borrowers may be merged together in a transaction in which either of them is the surviving corporation, (iii) any wholly owned Subsidiary may merge into, consolidate or liquidate into the a Borrower in a transaction in which the such Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (iiiv) any wholly owned Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted wholly owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary and (provided that if any party to such merger, liquidation or consolidation merger is a Subsidiary GuarantorLoan Party, the surviving or resulting entity shall be is a Subsidiary Guarantor), Loan Party) and (iiiiv) any Subsidiary may merge with or into an entity in a Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may be consummatedAcquisition in a transaction in which the surviving entity is a Loan Party; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Administrative Agent or the Collateral Agent to expressly assume the obligations of each non-surviving entity under each of the Loan Documents and to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 5.11 and 5.155.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower will Loan Parties shall not, and will shall not permit any of its Restricted their Subsidiaries to to, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any wholly-owned Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any wholly-owned Subsidiary of the Borrower may merge with or into, liquidate consolidate into or consolidate with any Restricted wholly-owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary and (provided that if any party to such merger, liquidation or consolidation merger is a Subsidiary Guarantor, the surviving or resulting entity shall be Loan Party) is a Subsidiary GuarantorLoan Party (if it would be required to be so pursuant to Section 5.16), and (iii) any Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 Acquisition may be consummatedconsummated so long as the surviving person is Borrower or a Subsidiary Loan Party (if it would be required to be so pursuant to Section 5.16); provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents Pledge Agreements and otherwise comply with the provisions of Sections 5.11, 5.12 and 5.155.16, in each case, case on the terms set forth therein and to the extent applicableapplicable and (iv) any Non-Loan Party may merge with or consolidate into any other Non-Loan Party.

Fundamental Changes, Line of Business. (a) The Borrower Loan Parties will not, and will not permit any of its Restricted their Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) two or more Borrowers may be merged together in a transaction in which a Borrower is the surviving corporation, (ii) any wholly owned Subsidiary may merge into, consolidate or liquidate into the a Borrower in a transaction in which the such Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (iiiii) any wholly owned Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted wholly owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted wholly owned Subsidiary (provided that and if any party to such merger, liquidation or consolidation merger is a Subsidiary GuarantorLoan Party, the surviving entity is a Subsidiary Loan Party), (iv) any Subsidiary may merge with or resulting into an entity in a Permitted Acquisition in a transaction in which the surviving entity is a Loan Party; (v) the Merger shall be a Subsidiary Guarantor), permitted and (iiivi) Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may the Proposed Reorganization shall be consummatedpermitted; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Administrative Agent to expressly assume the obligations of each non-surviving entity under each of the Loan Documents and to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Administrative Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 5.11 and 5.155.12, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower will not, and will not permit any of its Restricted Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) any Wholly Owned Subsidiary may merge into, consolidate or liquidate into the Borrower in a transaction in which the Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (ii) any Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary (provided that if any party to such merger, liquidation merger or consolidation is a Subsidiary Guarantor, the surviving or resulting entity shall be a Subsidiary GuarantorGuarantor that is a Wholly Owned Subsidiary of the Borrower), and (iii) Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may be consummated; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Collateral Agent to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 and 5.15, in each case, on the terms set forth therein and to the extent applicable.

Fundamental Changes, Line of Business. (a) The Borrower Loan Parties will not, and will not permit any of its Restricted their Subsidiaries to to, directly or indirectly, merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with them, or liquidate or dissolve, except that, if at the time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, (i) the Borrowers may be merged together in a transaction in which either of them is the surviving corporation, (ii) any wholly owned Subsidiary may merge into, consolidate or liquidate into the a Borrower in a transaction in which the such Borrower is the surviving corporation, and, in the case of a liquidation or dissolution, all assets of such Subsidiary are distributed to the Borrower, (iiiii) any wholly owned Subsidiary of the Borrower may merge with or into, liquidate into or consolidate with any Restricted wholly owned Subsidiary in a transaction in which the surviving or resulting entity is a Restricted Subsidiary and (provided that if any party to such merger, liquidation or consolidation merger is a Subsidiary GuarantorLoan Party, the surviving entity is a Subsidiary Loan Party), (iv) any Subsidiary may merge with or resulting into an entity in a Permitted Acquisition in a transaction in which the surviving entity is a Loan Party; and (v) the Mergers shall be a Subsidiary Guarantor), and (iii) Permitted Acquisitions as permitted by Section 6.04(vii) or other Investments permitted by Section 6.04 may be consummatedpermitted; provided that in connection with each of the foregoing, the appropriate Loan Parties (if any) shall take all actions necessary or reasonably requested by the Administrative Agent or the Collateral Agent to expressly assume the obligations of each non-surviving entity under each of the Loan Documents and to maintain the perfection of or perfect, as the case may be, protect and preserve the Liens on the Collateral granted to the Collateral Agent pursuant to the Security Documents and otherwise comply with the provisions of Sections 5.11, 5.12 5.11 and 5.155.12, in each case, on the terms set forth therein and to the extent applicable.