Common use of Mergers, Consolidations Clause in Contracts

Mergers, Consolidations. Merge or consolidate with any Person, except that, if after giving effect thereto, no Potential Lease Event of Default or Lease Event of Default would exist, this Section 27.1 shall not apply to (i) any merger or consolidation, provided that the Guarantor or the Lessee, as applicable, is the surviving corporation and if the Lessee is the surviving corporation, it is a direct or indirect Wholly-Owned Subsidiary of the Guarantor after such merger or consolidation and (ii) any merger or consolidation of the Lessee with or into another Subsidiary of the Guarantor, provided that the surviving entity executes an agreement of assumption to perform every obligation of the Lessee under this Agreement and such surviving entity is a direct or indirect Wholly-Owned Subsidiary of the Guarantor.

Mergers, Consolidations. Merge or consolidate with any Person, except that, if after giving effect thereto, no Potential AESOP I Operating Lease Event of Default or AESOP I Operating Lease Event of Default would exist, this Section 27.1 32.1 shall not apply to (i) any merger or consolidation, provided that the Guarantor or the such Lessee, as applicable, is the surviving corporation and if the such Lessee is the surviving corporation, it is a direct or indirect Wholly-Owned Subsidiary of the Guarantor after such merger or consolidation and (ii) any merger or consolidation of the such Lessee with or into another Subsidiary of the Guarantor, provided that the surviving entity executes an agreement of assumption to perform every obligation of the such Lessee under this Agreement and such surviving entity is a direct or indirect Wholly-Owned Subsidiary of the Guarantor.

Mergers, Consolidations. Merge or consolidate with any Person, except that, if after giving effect thereto, no Potential Finance Lease Event of Default or Finance Lease Event of Default would exist, this Section 27.1 32.1 shall not apply to (i) any merger or consolidation, provided that the Guarantor or the Lessee, as applicable, is the surviving corporation and and, if the Lessee is the surviving corporation, it is a direct or indirect Wholly-Owned Subsidiary of the Guarantor after such merger or consolidation and (ii) any merger or consolidation of the Lessee with or into another Subsidiary of the Guarantor, provided that the surviving entity executes an agreement of assumption to perform every obligation of the Lessee under this Agreement and that such surviving entity is a direct or indirect Wholly-Owned Subsidiary of the Guarantor.

Mergers, Consolidations. Merge or consolidate with any Person, except that, if after giving effect thereto, no Potential AESOP II Operating Lease Event of Default or AESOP II Operating Lease Event of Default would exist, this Section 27.1 32.1 shall not apply to (i) any merger or consolidation, provided that the Guarantor or the such Lessee, as applicable, is the surviving corporation and and, if the such Lessee is the surviving corporation, it is a direct or indirect Wholly-Owned Subsidiary of the Guarantor after such merger or consolidation and (ii) any merger or consolidation of the such Lessee with or into another Subsidiary of the Guarantor, provided that the surviving entity executes an agreement of assumption to perform every obligation of the such Lessee under this Agreement and that such surviving entity is a direct or indirect Wholly-Owned Subsidiary of the Guarantor.

Mergers, Consolidations. Merge or consolidate with any Person, except that, if after giving effect thereto, no Potential Finance Lease Event of Default or Finance Lease Event of Default would exist, this Section 27.1 32.1 shall not apply to (i) any merger or consolidation, ; provided that the Finance Lease Guarantor or the such Lessee, as applicable, is the surviving corporation and if the Lessee is the surviving corporationof such merger or consolidation, or it is a direct or indirect Wholly-Owned Subsidiary of the Finance Lease Guarantor after such merger or consolidation and (ii) any merger or consolidation of the such Lessee with or into another Subsidiary of the Finance Lease Guarantor, provided that the surviving entity executes an agreement of assumption to perform every obligation of the such Lessee under this Agreement and that such surviving entity is a direct or indirect Wholly-Owned Subsidiary of the Finance Lease Guarantor.