Common use of Mergers, Consolidations and Sales Clause in Contracts

Mergers, Consolidations and Sales. The Company will not merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company may merge or consolidate with another Person, including a Subsidiary, if (A) the Company is the surviving corporation, (B) the Company will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, and (C) the Company will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day and; provided further, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent:

Mergers, Consolidations and Sales. The Company Borrower will not merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company Borrower may merge or consolidate with another Person, including a Subsidiary, if (A) the Company Borrower is the surviving corporation, (B) the Company Borrower will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, consolidation and (C) the Company Borrower will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day Date and; provided furtherfurther provided, however, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent:

Mergers, Consolidations and Sales. The Company will not merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company may merge or consolidate with another Person, including a Subsidiary, if (A) the Company is the surviving corporation, (B) the Company will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, and (C) the Company will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day date hereof and; provided further, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent:

Mergers, Consolidations and Sales. The Company Borrower will not merge or consolidate with or into, or convey, transfer, lease transfer or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company Borrower may merge or consolidate with another Person, including a Subsidiary, if (A) the Company Borrower is the surviving corporation, (B) the Company Borrower will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, consolidation and (C) the Company Borrower will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day Date and; provided provided, further, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent:

Mergers, Consolidations and Sales. The Company will not merge or consolidate with or into, or convey, transfer, lease transfer or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company may merge or consolidate with another Person, including a Subsidiary, if (A) the Company is the surviving corporation, (B) the Company will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, and (C) the Company will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day date hereof and; provided further, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent:

Mergers, Consolidations and Sales. The Company Borrower will not merge or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or a series of transactions) any of its Property (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, or permit any Subsidiary to do so; provided, however, that the Company Borrower may merge or consolidate with another Person, including a Subsidiary, if (A) the Company Borrower is the surviving corporation, (B) the Company Borrower will be in pro forma compliance with all provisions of this Agreement upon and after such merger or consolidation, consolidation and (C) the Company Borrower will not engage in any material line of business substantially different from that engaged in on the Series A Closing Day Date and; provided provided, further, that so long as no Default or Event of Default exists this Section shall not apply to nor operate to prevent: