Common use of Consolidations, Mergers and Sales of Assets; Change in Control Clause in Contracts

Consolidations, Mergers and Sales of Assets; Change in Control. No Borrower will, or will permit any Subsidiary to, directly or indirectly: (a) consolidate or merge or amalgamate with or into any other Person other than (i) consolidations or mergers among Borrowers so long as (x) in any consolidation or merger involving Radius Health, Radius Health is the surviving entity and (y) in any consolidation or merger involving a Borrower, a Borrower is the surviving entity, (ii) consolidations or mergers among a Guarantor and a Borrower so long as a Borrower is the surviving entity, (iii) consolidations or mergers among Guarantors, (iv) consolidations or mergers among Subsidiaries that are not Credit Parties, (v) consolidations and mergers of any Subsidiary that is not a Credit Party with and into any Borrower or Guarantor so long as such Borrower or Guarantor is the surviving entity, (vi) consolidations or mergers in connection with any Permitted Acquisition so long in any merger or consolidation involving a Borrower or Guarantor, such Borrower or Guarantor, as applicable, is the surviving entity and for any consolidation or merger involving Radius Health, Radius Health is the surviving entity and (vii) dissolutions or liquidations of Excluded Subsidiaries so long as any assets of such dissolved or liquidated Person are transferred to a Credit Party; or (b) consummate any Asset Dispositions other than Permitted Asset Dispositions.

Consolidations, Mergers and Sales of Assets; Change in Control. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly: (a) consolidate or merge or amalgamate with or into any other Person other than (i) consolidations or mergers among Borrowers so long as (x) in any consolidation or merger involving Radius HealthOrthoPediatrics Corp., Radius Health is the surviving entity and (y) in any consolidation or merger involving a Borrower, a Borrower OrthoPediatrics Corp. is the surviving entity, (ii) consolidations consolidations, amalgamations or mergers among a Guarantor and a Borrower so long as a the Borrower is the surviving entity, (iii) consolidations consolidations, amalgamations or mergers among Guarantors, (iv) consolidations consolidations, amalgamations or mergers among Subsidiaries that are not Credit Parties, (v) consolidations and mergers of any Subsidiary that is not a Credit Party with and into any Borrower or Guarantor so long as such Borrower or Guarantor is the surviving entityconsolidations, (vi) consolidations amalgamations or mergers in connection with any Permitted Acquisition so long as in any merger merger, amalgamations or consolidation involving a Borrower or a Guarantor, as applicable, such Borrower or Guarantor, as applicable, is the surviving entity entity, and for any consolidation or merger involving Radius HealthOrthoPediatrics Corp., Radius Health OrthoPediatrics Corp. is the surviving entity entity, and (viivi) so long as no Event of Default has occurred and is continuing, dissolutions or liquidations of Excluded Subsidiaries that are not Credit Parties so long as any assets of such dissolved or liquidated Person are transferred to a Credit Party; or (b) make or consummate any Asset Dispositions other than Permitted Asset Dispositions.