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As-Is
As-Is contract clause examples

(A) any Guarantor is merging with any other Guarantor; # any Guarantor is merging with the Borrower, and the Borrower is the continuing Person; # any Guarantor is merging with a Person that is not a Subsidiary of the Borrower and # if the Guarantor is not the continuing Person, such transaction is in compliance with the provisions of [Section 6.13(b)] or the successor Person becomes a Guarantor hereunder or # if the Guarantor is the continuing Person, such transaction is a Permitted Acquisition or otherwise permitted under Section 6.14; or # a Non-Guarantor Subsidiary is merging with the Borrower or any Guarantor, and the Borrower or a Guarantor, as applicable, is the continuing Person; and

the Borrower or any Subsidiary may merge with any other Person in connection with a Permitted Acquisition provided, that, # if the Borrower is a party to such transaction, the Borrower is the continuing or surviving Person and # if a Guarantor is a party to such transaction, such Guarantor is the surviving Person.

the Borrower or any Subsidiary may merge into or consolidate with any Person in a transaction that is not permitted by [Section 7.3(a)(i)], provided that # in the case of a merger involving the Borrower, the Borrower shall be the surviving entity of such merger, # such merger is permitted by [Section 7.4] and either # the Subsidiary Guarantor shall be the surviving entity or # such other Person shall become a Subsidiary Guarantor pursuant to [Section 6.12], and # such merger shall not be prohibited by [Section 7.5];

Borrower or any Restricted Subsidiary may merge into or consolidate with another Person in order to consummate a transaction what is otherwise permitted pursuant to [Section 6.04]; provided that # if the Borrower is a party in such transaction, the Borrower is the surviving corporation; and # if any Subsidiary Guarantor is a party in such transaction and the Borrower is not, the surviving entity shall be or become a Subsidiary Guarantor;

any Subsidiary # may merge with the Borrower, provided that the Borrower shall be the continuing or surviving Person, or # may merge with any one or more other Subsidiaries, provided that when any Guarantor is merging with another Subsidiary, the Guarantor shall be the continuing or surviving Person; and

any Subsidiary of the Borrower may merge or consolidate with # the Borrower, provided that the Borrower shall be the continuing or surviving Person or # any one or more other Subsidiaries of the Borrower, provided that if any Subsidiary Guarantor is merging with another Subsidiary of the Borrower that is not a Subsidiary Guarantor, such Subsidiary Guarantor shall be the continuing or surviving Person (unless such Subsidiary Guarantor ceases to be a Subsidiary Guarantor as the result of such merger or consolidation);

any Subsidiary of the Borrower may be merged with or into the Borrower or any other Subsidiary of the Borrower; provided that, # in the case of a merger involving the Borrower, the Borrower shall be the continuing or surviving Person and # in the case of a merger involving a Guarantor and a Subsidiary, such Guarantor shall be the continuing or surviving Person;

the Borrower or any Restricted Subsidiary may merge or amalgamate with any other Person in connection with a Permitted Acquisition, provided that # if the Borrower is a party thereto, the Borrower is the continuing or surviving Person, and # if a Guarantor is a party thereto, such surviving Person shall be the Borrower or a Guarantor;

(i) the Borrower may merge, amalgamate or consolidate with any of its Subsidiaries; provided that the Borrower is the continuing or surviving Person, and # any Restricted Subsidiary may merge, amalgamate or consolidate with (or engage in any similar transaction, including to be acquired by or wound up into) any of the Borrower or one or more other Restricted Subsidiaries; provided that # if a Guarantor is a party thereto, the continuing or surviving Person is the Borrower or a Guarantor or # if the Borrower is a party thereto, the Borrower is the continuing or surviving Person;

(i) any Borrower may merge with any other Borrower and # any non-Borrower Subsidiary may merge with # any Borrower; provided that such Borrower shall be the continuing or surviving Person, or # any one or more other non-Borrower Subsidiaries; provided that when any Guarantor is merging with another non-Borrower Subsidiary, the Guarantor shall be the continuing or surviving Person;

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