Common use of Transfer to Avoid Termination Event Clause in Contracts

Transfer to Avoid Termination Event. Section 6(b)(ii) is hereby amended (i) by deleting in the first paragraph the words “or if a Tax Event Upon Merger occurs and the Burdened Party is the Affected Party,” and in the third paragraph the words “, which consent will not be withheld if such other party’s policies in effect at such time would permit it to enter into transactions with the transferee on the terms proposed”, (ii) by deleting the words “to transfer” and inserting the words “to effect a Permitted Transfer” in lieu thereof, and (iii) adding at the end of the third paragraph “; provided that the other party’s consent shall not be required if such transfer is a Permitted Transfer.”

Transfer to Avoid Termination Event. Section 6(b)(ii) is hereby amended (i) by deleting in the first paragraph the words “"or if a Tax Event Upon Merger occurs and the Burdened Party is the Affected Party,” " and in the third paragraph the words “", which consent will not be withheld if such other party’s 's policies in effect at such time would permit it to enter into transactions with the transferee on the terms proposed”", (ii) by deleting the words “"to transfer” " and inserting the words “"to effect a Permitted Transfer” " in lieu thereof, and (iii) adding at the end of the third paragraph “"; provided that the other party’s 's consent shall not be required if such transfer is a Permitted Transfer.”"