Common use of Certain Transactions Clause in Contracts

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement and the Warrants to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of contained in this Agreement Agreement, the Senior Subordinated Securities, the Warrant (if unexercised) and the Warrant Securities to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless (i) the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the CompanyCompany or (ii) the Investor agrees otherwise in writing.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), or, at the request of the Investor, the ultimate parent of such successor, transferee or lessee party of the Company, expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless (i) the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement Amended SPA to be performed and observed by the CompanyCompany or (ii) the Investor agrees otherwise in writing.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement and the Governing Agreements to be performed and observed by the Company.

Certain Transactions. The Company will shall not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement and the Senior Subordinated Securities to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), assumes (expressly assumes or by operation of law) the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the issuer constituent corporation, successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Purchase Agreement to be performed and observed by the CompanyCompany and the Issuer Trust.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer transfer, divide or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement and the Amended Warrant to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its the ultimate publicly traded parent entityentity of such successor, transferee of lessee party), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not amalgamate, merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the CompanyCompany expressly or by operation of law.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual 30169533 performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the Company.

Certain Transactions. The Company Corporation will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the CompanyCorporation), expressly assumes the due and punctual performance and observance of each and every covenant, agreement covenant and condition of this Agreement to be performed and observed by the CompanyCorporation.

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless unless (i) the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement Amended SPA to be performed and observed by the CompanyCompany or (ii) the Investor agrees otherwise in writing.

Certain Transactions. The Company will not merge or consolidate withinto, or sell, transfer or lease all or substantially all of its property or assets to, any other party person unless the successor, transferee or lessee party (or its ultimate parent entity)party, as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement obligation and condition of this Agreement to be performed and observed by the CompanyCompany (including the Registration Rights in Annex 4).

Certain Transactions. The Company will not merge or consolidate with, or sell, transfer or lease all or substantially all of its property or assets to, any other party unless the successor, transferee or lessee party (or its ultimate parent entity), as the case may be (if not the Company), expressly assumes the due and punctual performance and observance of each and every covenant, agreement and condition of this Agreement to be performed and observed by the Company..