Common use of Merger or Reorganization Clause in Contracts

Merger or Reorganization. Neither the Borrower nor Guarantor will enter into any merger, consolidation, reorganization or recapitalization, except that (i) one or more Subsidiaries of Guarantor (other than Borrower) may merge with one another or with Guarantor, (ii) Guarantor may enter into a merger with another entity if (A) Guarantor will be the surviving entity, (B) the consolidated Shareholder's Equity of the Guarantor after such merger will equal or exceed the consolidated Shareholder's Equity of the Guarantor before such merger, and (C) Guarantor may issue its stock in connection with a merger of a Subsidiary with another entity if the consolidated Shareholder's Equity of the Guarantor after such merger will equal or exceed the consolidated Shareholder's Equity of the Guarantor before such merger.

Merger or Reorganization. Neither the Borrower nor Guarantor will enter into any merger, consolidation, reorganization or recapitalization, except that (i) one or more Subsidiaries of Guarantor (other than Borrower) may merge with one another or with Guarantor, (ii) Guarantor may enter into a merger with another entity if (A) Guarantor will be the surviving entity, (B) the consolidated Shareholder's Equity of the Guarantor after such merger will equal or exceed the consolidated Shareholder's Equity of the Guarantor before such merger, and and/or (C) Guarantor may issue its stock in connection with a merger of a Subsidiary with another entity if the consolidated Shareholder's Equity of the Guarantor after such merger will equal or exceed the consolidated Shareholder's Equity of the Guarantor before such merger.