Common use of Mergers, Acquisitions, Etc Clause in Contracts

Mergers, Acquisitions, Etc. None of FIL, Borrower or any of FIL's other Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower and any of FIL's other Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving Borrower, Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower and FIL's other Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such Subsidiary or FIL's other Subsidiaries possess the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Neither Borrower or nor any of FIL's other their Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower Borrowers and any of FIL's other their Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving either Borrower, such Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower Borrowers and FIL's other their Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, the acquiring Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such Subsidiary Borrowers or FIL's other their Subsidiaries possess the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Borrower or any of FIL's other Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower and any of FIL's other Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving Borrower, Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower and FIL's other Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower or such Subsidiary or FIL's other Subsidiaries possess the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Borrower the Borrowers or any of FIL's other their Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower Borrowers and any of FIL's other their Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving any Borrower, such Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower Borrowers and FIL's other their Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, the acquiring Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such Subsidiary Borrowers or FIL's other their Subsidiaries possess the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Borrower the Borrowers or any of FIL's other Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower Borrowers and any of FIL's other Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving any Borrower, such Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower Borrowers and FIL's other Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, the acquiring Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such Subsidiary Borrowers or FIL's other Subsidiaries possess the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Neither Borrower or nor any of FIL's other its Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower and any of FIL's other its Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving Borrower, Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower and FIL's other its Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, the acquiring Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such or its Subsidiary or FIL's other Subsidiaries possess possesses the power to direct or cause the direction of the management and policies of such Person.

Mergers, Acquisitions, Etc. None of FIL, Borrower the Borrowers or any of FIL's other their Subsidiaries shall consolidate with or merge into any other Person or permit any other Person to merge into them, acquire any Person as a new Subsidiary or acquire all or substantially all of the assets of any other Person, except for the following: (i) FIL, Borrower Borrowers and any of FIL's other their Subsidiaries may merge with each other, provided that (A) (1) in any such merger involving any Borrower, such Borrower is the surviving corporation and (2) in any such merger involving a Guarantor, the surviving corporation becomes a Guarantor and (B) in each case, no Default has occurred and is continuing on the date of, or will result after giving effect to, any such merger; and (ii) FIL, Borrower Borrowers and FIL's other their Subsidiaries may acquire any Person as a new Subsidiary or of all or substantially all of the assets of any Person, provided that: (A) No Default has occurred and is continuing on the date of, or will result after giving effect to, any such acquisition; (B) Such Person is not primarily engaged in any business substantially different from (1) the present business of FIL, the acquiring Borrower or such Subsidiary or (2) any business reasonably related thereto; and (C) FIL, Borrower such or its Subsidiary or FIL's other Subsidiaries possess possesses the power to direct or cause the direction of the management and policies of such Person.