Common use of Mergers and Sales of Assets Clause in Contracts

Mergers and Sales of Assets. The Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than ten percent (10%) in the aggregate of the Company's and its Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during the period since the most recent Borrowing Base Determination, or permit any Subsidiary of the Company to do so (other than to the Company or another Subsidiary of the Company or the issuance by any Subsidiary of the Company of any stock to the Company or another Subsidiary of the Company), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Subsidiary of the Company to do so; provided that the Company or any Subsidiary of the Company may merge or consolidate with any other Person and any Subsidiary of the Company may transfer properties to any other Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Subsidiary of the Company may merge or consolidate with any other Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.

Mergers and Sales of Assets. The Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than (i) ten percent (10%) in the aggregate of the Company's and its Restricted Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during any twelve month period or (ii) twenty-five percent (25%) in the period since aggregate of the most recent Borrowing Base DeterminationCompany's and its Restricted Subsidiaries' consolidated total assets as of the Effective Date to any Person or Persons during the Revolving Credit Availability Period, or permit any Restricted Subsidiary of the Company to do so (other than to the Company or another Restricted Subsidiary of the Company or the issuance by any Restricted Subsidiary of the Company of any stock to the Company or another Subsidiary of the CompanyRestricted Subsidiary), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Restricted Subsidiary of the Company to do so; provided that the Company or any Restricted Subsidiary of the Company may merge or consolidate with any other Person and any Restricted Subsidiary of the Company may transfer properties to any other Restricted Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Restricted Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Restricted Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Restricted Subsidiary of the Company may merge or consolidate with any other Restricted Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.

Mergers and Sales of Assets. The Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than (i) ten percent (10%) in the aggregate of the Company's and its Restricted Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during any twelve month period occurring after the period since date hereof or (ii) twenty-five percent (25%) in the most recent Borrowing Base Determinationaggregate of the Company's and its Restricted Subsidiaries' consolidated total assets as of the date hereof to any Person or Persons prior to the Stated Maturity Date, or permit any Restricted Subsidiary of the Company to do so (other than to the Company or another Restricted Subsidiary of the Company or the issuance by any Restricted Subsidiary of the Company of any stock to the Company or another Subsidiary of the CompanyRestricted Subsidiary), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Restricted Subsidiary of the Company to do so; provided that the Company or any Restricted Subsidiary of the Company may merge or consolidate with any other Person and any Restricted Subsidiary of the Company may transfer properties to any other Restricted Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Restricted Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Restricted Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Restricted Subsidiary of the Company may merge or consolidate with any other Restricted Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.

Mergers and Sales of Assets. The Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than ten percent (10%) in the aggregate of the Company's and its Restricted Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during the period since the most recent Borrowing Base Determinationany twelve month period, or permit any Restricted Subsidiary of the Company to do so (other than to the Company or another Restricted Subsidiary of the Company or the issuance by any Restricted Subsidiary of the Company of any stock to the Company or another Subsidiary of the CompanyRestricted Subsidiary), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Restricted Subsidiary of the Company to do so; provided that the Company or any Restricted Subsidiary of the Company may merge or consolidate with any other Person and any Restricted Subsidiary of the Company may transfer properties to any other Restricted Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Restricted Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Subsidiary of the Company may merge or consolidate with any other Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.,

Mergers and Sales of Assets. The Except for sales of the assets described in the Disclosure Statement (the "Specified Assets"), the Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than (i) ten percent (10%) in the aggregate (not including Specified Assets) of the Company's and its Restricted Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during any twelve month period or (ii) twenty-five percent (25%) in the period since aggregate (not including Specified Assets) of the most recent Borrowing Base DeterminationCompany's and its Restricted Subsidiaries' consolidated total assets as of the date hereof to any Person or Persons prior to the Stated Maturity Date, or permit any Restricted Subsidiary of the Company to do so (other than to the Company or another Restricted Subsidiary of the Company or the issuance by any Restricted Subsidiary of the Company of any stock to the Company or another Subsidiary of the CompanyRestricted Subsidiary), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Restricted Subsidiary of the Company to do so; provided that the Company or any Restricted Subsidiary of the Company may merge or consolidate with any other Person and any Restricted Subsidiary of the Company may transfer properties to any other Restricted Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Restricted Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Restricted Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Restricted Subsidiary of the Company may merge or consolidate with any other Restricted Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.

Mergers and Sales of Assets. The Except for sales of the assets described in the Disclosure Statement (the "Specified Assets"), the Company will not (a) merge or consolidate with, or sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, more than (i) ten percent (10%) in the aggregate (not including Specified Assets) of the Company's and its Restricted Subsidiaries' consolidated total assets (whether now owned or hereafter acquired) to any Person or Persons during any twelve month period or (ii) twenty-five percent (25%) in the period since aggregate (not including Specified Assets) of the most recent Borrowing Base DeterminationCompany's and its Restricted Subsidiaries' consolidated total assets as of the date hereof to any Person or Persons during the Revolving Credit Availability Period, or permit any Restricted Subsidiary of the Company to do so (other than to the Company or another Restricted Subsidiary of the Company or the issuance by any Restricted Subsidiary of the Company of any stock to the Company or another Subsidiary of the CompanyRestricted Subsidiary), or (b) sell, assign, lease or otherwise dispose of, whether in one transaction or in a series of transactions, any other properties if receiving therefor consideration other than cash or other consideration readily convertible to cash or which is less than the fair market value of the relevant properties, or permit any Restricted Subsidiary of the Company to do so; provided that the Company or any Restricted Subsidiary of the Company may merge or consolidate with any other Person and any Restricted Subsidiary of the Company may transfer properties to any other Restricted Subsidiary of the Company or to the Company so long as, in each case, (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default, (ii) in the case of any such merger or consolidation to which the Company is a party, the Company is the surviving Person, (iii) in the case of any such merger or consolidation to which any Restricted Subsidiary of the Company is a party (but not the Company), after giving effect to all transactions closing concurrently relating to such merger or consolidation, the surviving Person is a Restricted Subsidiary of the Company and (iv) the surviving Person ratifies each applicable Loan Document and provided further that any Restricted Subsidiary of the Company may merge or consolidate with any other Restricted Subsidiary of the Company so long as, in each case (i) immediately thereafter and giving effect thereto, no event will occur and be continuing which constitutes a Default and (ii) the surviving Person ratifies each applicable Loan Document.