Common use of Fundamental Changes Clause in Contracts

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into Consummate any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or business, except that:

Fundamental Changes. Enter into Consummate any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter Merge or consolidate with or into any merger, consolidation or amalgamation, Person or liquidate, wind wind-up or dissolve itself (itself, or permit or suffer any liquidation or dissolution), dissolution or Dispose of sell all or substantially all of its property or businessassets, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:.

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any mergerMerge, consolidation consolidate or amalgamationamalgamate, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation consolidation, reorganization, or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except thatexcept:

Fundamental Changes. Enter into any merger, consolidation or ------------------- amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except thatexcept:

Fundamental Changes. Enter into any merger, consolidation consolidation, restructuring, recapitalization, reorganization or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or businessbusiness or amend, modify or otherwise change its name, jurisdiction of organization, organizational number, identification number or FEIN, except that, if no Default shall have occurred and be continuing:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or divide, liquidate, wind up or dissolve itself (or suffer any division, liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose engage in any type of all or substantially all business other than of its property or businessthe same general type now conducted by it, except thatexcept:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), ) or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except thatexcept:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except thatthat the following are permitted:

Fundamental Changes. (a) Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of (in one transaction or in a series of transactions) all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or permit any change to its organizational structure, or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation consolidation, or amalgamation, or liquidate, wind up up, or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:as permitted by the Credit Agreement.

Fundamental Changes. Enter into any mergerMerge, consolidation consolidate or amalgamationamalgamate, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property assets or business, except that:

Fundamental Changes. Enter into any mergerMerge, consolidation consolidate or amalgamationamalgamate, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or businessbusiness (taken as a whole), except that:

Fundamental Changes. Enter Merge or consolidate with or into any merger, consolidation or amalgamation, Person or liquidate, wind wind-up or dissolve itself (itself, or permit or suffer any liquidation or dissolution), dissolution or Dispose of sell all or substantially all of its property or businessassets, except that:for the following (each, a “Permitted Merger”):

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:that the following are permitted (collectively, “Permitted Acquisitions”):

Fundamental Changes. Enter into any transaction of merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:that (subject to Section 7.18):

Fundamental Changes. Enter into any merger, merger consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property property, business or business, except thatassets except:

Fundamental Changes. Enter into any merger, ------------------- consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property assets, or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), nor permit the Group Members taken as a whole, or the Borrower, individually, to Dispose of of, all or substantially all of their or its respective property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business; provided that the Company may be liquidated, except that:wound up, dissolved or all or substantially all of its property or business Disposed of, so long as the proceeds of such Disposition, liquidation, winding-up or dissolution are distributed in accordance with Section 5.02.

Fundamental Changes. Enter into any merger, consolidation or consolidation, amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), nor permit the Group Members, taken as a whole, or the Borrower, individually, to Dispose of of, all or substantially all of their or its property respective Property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all any of its property or business, except that:business (other than pursuant to the Lease/Purchase Documents).

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), nor permit the Group Members, taken as a whole, or the Borrower, individually, to Dispose of of, all or substantially all of their or its respective property or business, except that:

Fundamental Changes. Enter into any merger, consolidation consolidation, restructuring, recapitalization, conversion, reorganization or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or businessbusiness or amend, modify or otherwise change its name, jurisdiction of organization, organizational number, identification number or FEIN, except that, if no Default shall have occurred and be continuing:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or business, business except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, dissolve or wind up or dissolve terminate itself (or suffer any liquidation or dissolutionother than a Permitted Reorganization), or Dispose of all or substantially all of its property or business, except that:.

Fundamental Changes. Enter into any merger, consolidation consolidation, Division or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or business, business except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except thatthat so long as no Event of Default exists or would result therefrom:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of (in one transaction or in a series of transactions), all or substantially all of its property Property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:or form or enter into any partnership, syndicate or other combination.

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property Property or business, business except that:

Fundamental Changes. Enter into any merger, consolidation or ------------------------ amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, administration, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:. 6.5

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or reorganize itself in any non-U.S. jurisdiction, or Dispose of all or substantially all of its the property or businessbusiness of Borrower and its Subsidiaries, except thatexcept:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, division of or by a limited company, or an allocation of assets to a series of a limited liability company (or the unwinding of such division of allocation), or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, create any new subsidiary, or acquire by purchase or otherwise all or a substantial part of the business, property or assets of, or Capital Stock or other evidence of beneficial ownership of, any Person or any unit of division thereof, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind wind-up or dissolve itself (or suffer any liquidation or dissolution), ; make any Asset Disposition not permitted hereunder; make any Acquisition; or Dispose make any material change in its present method of all or substantially all of its property or conducting business, except that:.

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:to the extent permitted pursuant to Section 5.2 of the Guarantee.

Fundamental Changes. Enter into any acquisition, merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, or amend (or allow the amendment of any of its Organizational Documents in a manner adverse to the interests of the Lenders, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property Property or business, except that:

Fundamental Changes. Enter into any merger, consolidation consolidation, joint venture or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or ------------------- amalgamation, or liquidateliquidation, wind winding-up or dissolve itself dissolution (or suffer any liquidation liquidation, winding-up or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or businessassets, except that:

Fundamental Changes. (a) Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or businessbusiness (including, in each case, pursuant to an LLC Division), except that:

Fundamental Changes. Enter into any division, merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:The Borrower shall not consolidate with or merge -103-

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or businessbusiness (except as permitted by Section 9.5), except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of, all or substantially all of its property or business or permit any Significant Subsidiary Holding Company to enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of, all or substantially all of its property or business, except that:.

Fundamental Changes. Enter into any merger, Division Transaction, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation ------------------- or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or ------------------- amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or ------------------- amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except thatexcept:

Fundamental Changes. 120 . Enter into any merger, consolidation or amalgamation, or divide, liquidate, wind up or dissolve itself (or suffer any division, liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, amalgamation or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of of, all or substantially all of its property or business, except that:

Fundamental Changes. Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its property or business, except that:: < 40