Common use of Limitation on Mergers Clause in Contracts

Limitation on Mergers. Except as expressly provided in this --------------------- Section, neither Buyer nor any Subsidiary thereof will merge or consolidate with or into any other business entity. Any Subsidiary of Buyer may, however, be merged into or consolidated with either Buyer or another Subsidiary which is wholly-owned by Buyer, so long as Buyer or the Subsidiary wholly-owned by Buyer is the surviving business entity. Buyer will not issue any securities other than (i) Common Stock (including the shares of Common Stock to be issued upon the conversion of the Series A Preferred) or (ii) any options or warrants giving the holders thereof only the right to acquire such shares. No Subsidiary of Buyer will issue any additional shares of its capital stock or other securities or any options, warrants or other rights to acquire such additional shares or other securities except to Buyer or to another Subsidiary. No Subsidiary of Buyer which is a partnership will allow any diminution of Buyer's interest (direct or indirect) therein.