Common use of 4Fundamental Changes Clause in Contracts

4Fundamental 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: (a) any Subsidiary of Borrower may be merged or consolidated with or into a Borrower (provided that a Borrower shall be the continuing or surviving corporation) or with or into any Guarantor (provided that such Guarantor shall be the continuing or surviving corporation); (b) any Subsidiary of Borrower which is not a Guarantor may (i) be merged or consolidated with or into another Subsidiary of Borrower that is not a Guarantor, or (ii) Dispose of any or all of its assets to another Subsidiary of Borrower that is not a Guarantor (upon voluntary liquidation or otherwise); (c) any Subsidiary of Borrower may Dispose of any or all of its assets (i) to Borrower or any Guarantor (upon voluntary liquidation or otherwise) or (ii) pursuant to a Disposition permitted by Section 7.5; (d) Dispositions permitted by Section 7.5 may be made; and (e) any Investment expressly permitted by Section 7.8 may be structured as a merger, consolidation or amalgamation.

Appears in 1 contract

Sources: Credit Agreement (Enfusion, Inc.)

4Fundamental 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: (a) any Subsidiary of Borrower may be merged or consolidated with or into a Borrower (provided that a Borrower shall be the continuing or surviving corporation) or with or into any Guarantor (provided that such Guarantor shall be the continuing or surviving corporation); (b) any Subsidiary of Borrower which is not a Guarantor may (i) be merged or consolidated with or into another Subsidiary of Borrower that is not a Guarantor, or (ii) Dispose of any or all of its assets to another Subsidiary of Borrower that is not a Guarantor (upon voluntary liquidation or otherwise); (c) any Subsidiary of Borrower may Dispose of any or all of its assets (i) to Borrower or any Guarantor (upon voluntary liquidation or otherwise) or (ii) pursuant to a Disposition permitted by Section 7.5; (d) Dispositions permitted by Section 7.5 may be made; and (e) any Investment expressly permitted by Section 7.8 may be structured as a merger, consolidation or amalgamation.. ​ ​ ​

Appears in 1 contract

Sources: Credit Agreement (Enfusion, Inc.)

4Fundamental 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: (a) any Subsidiary of Borrower may be merged or consolidated with or into a Borrower (provided that a Borrower shall be the continuing or surviving corporationPerson) or with or into any Guarantor that is a Subsidiary of Borrower (provided that such Guarantor shall be the continuing or surviving corporationPerson); (b) any Subsidiary of Borrower which is not a Guarantor may (i) be merged or consolidated with or into another Subsidiary of Borrower that is not a Guarantor, or (ii) Dispose of any or all of its assets to another Subsidiary of Borrower that is not a Guarantor (upon voluntary liquidation or otherwise); (c) any Subsidiary of Borrower may Dispose of any or all of its assets (i) to Borrower or any Guarantor that is a Subsidiary of Borrower (upon voluntary liquidation or otherwise) or (ii) pursuant to a Disposition permitted by Section 7.5; (d) Dispositions permitted by Section 7.5 may be made; and; (e) any Investment expressly permitted by Section 7.8 may be structured as a merger, consolidation or amalgamation; and (f) any of Enfusion US 1, Inc., Enfusion US 2, Inc. or Enfusion US 3, Inc. may be merged or consolidated with or into each other or with or into Holdings (provided that Holdings shall be the surviving Person in any such transaction involving Holdings).

Appears in 1 contract

Sources: Credit Agreement (Enfusion, Inc.)

4Fundamental 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:: ​ (a) any Subsidiary of Borrower may be merged or consolidated with or into a Borrower (provided that a Borrower shall be the continuing or surviving corporation) or with or into any Guarantor (provided that such Guarantor shall be the continuing or surviving corporation);; ​ (b) any Subsidiary of Borrower which is not a Guarantor may (i) be merged or consolidated with or into another Subsidiary of Borrower that is not a Guarantor, or (ii) Dispose of any or all of its assets to another Subsidiary of Borrower that is not a Guarantor (upon voluntary liquidation or otherwise);; ​ (c) any Subsidiary of Borrower may Dispose of any or all of its assets (i) to Borrower or any Guarantor (upon voluntary liquidation or otherwise) or (ii) pursuant to a Disposition permitted by Section 7.5;; ​ (d) Dispositions permitted by Section 7.5 may be made; andand ​ (e) any Investment expressly permitted by Section 7.8 may be structured as a merger, consolidation or amalgamation.. ​

Appears in 1 contract

Sources: Credit Agreement (Enfusion, Inc.)

4Fundamental 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: (a) any Subsidiary of Borrower may be merged or consolidated with or into a Borrower (provided that a Borrower shall be the continuing or surviving corporationPerson) or with or into any Guarantor that is a Subsidiary of Borrower (provided that such Guarantor shall be the continuing or surviving corporationPerson); (b) any Subsidiary of Borrower which is not a Guarantor may (i) be merged or consolidated with or into another Subsidiary of Borrower that is not a Guarantor, or (ii) Dispose of any or all of its assets to another Subsidiary of Borrower that is not a Guarantor (upon voluntary liquidation or otherwise); (c) any Subsidiary of Borrower may Dispose of any or all of its assets (i) to Borrower or any Guarantor that is a Subsidiary of Borrower (upon voluntary liquidation or otherwise) or (ii) pursuant to a Disposition permitted by Section 7.5; (d) Dispositions permitted by Section 7.5 may be made; and; (e) any Investment expressly permitted by Section 7.8 may be structured as a merger, consolidation or amalgamation; and (f) any of [Newco 1, Newco 2 and Newco 3] may be merged or consolidated with or into each other or with or into Holdings (provided that Holdings shall be the surviving Person in any such transaction involving Holdings).

Appears in 1 contract

Sources: Credit Agreement (Enfusion, Inc.)