Common use of ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION Clause in Contracts

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 9 contracts

Samples: Credit Agreement (Micro General Corp), Credit Agreement (Clearcommerce Corp), Credit Agreement (Cardiodynamics International Corp)

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ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 4 contracts

Samples: Loan and Security Agreement (Lifeminders Com Inc), General Security Agreement (Onyx Pharmaceuticals Inc), Security and Loan Agreement (Vignette Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Agreement (Medical Science Systems Inc), Medical Science Systems Inc

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, lease assign or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Imperial Bank Credit Agreement (American National Financial Inc), Credit Terms and Conditions (Alpha Microsystems)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its their business as now conducted; or sell, lease, assign, or transfer any substantial part of its their business or fixed assets, or any property or other assets necessary for the continuance of its their business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Security and Loan Agreement (Imaging Technologies Corp/Ca), Security and Loan Agreement (Imaging Technologies Corp/Ca)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidateLiquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any material assets except in the ordinary and normal course of its business as now conductedconsistent with past practices; or except in the ordinary course of business, sell, lease, assign, lease assign or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any dividends, property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Pharmaceutical Corp), Credit Agreement (Alliance Pharmaceutical Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.,

Appears in 1 contract

Samples: Credit Agreement Exhibit 99 (Dense Pac Microsystems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Ipl Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or of business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Agreement (Medical Science Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business their businesses as now conducted; or sell, lease, assign, or transfer any substantial part of its business their businesses or fixed assets, or any property or other assets necessary for the continuance of its business their businesses as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Keith Companies Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Microtel International Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; , or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, assets or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Pacific Softworks Inc

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Member Fdic Security and Loan Agreement (General Automation Inc)

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ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its their business as now conducted; or sell, lease, assign, or transfer any substantial part of its their business or fixed assets, or any property or other assets necessary for the continuance of its their business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Imaging Technologies Corp/Ca)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; : or sell any assets except in the ordinary and normal course of its business as now conducted; : or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Data Race Inc

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling selling, of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Microtel International Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Datametrics Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherof; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Megabios Corp

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business business, or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Alpha Microsystems)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the the. leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Eco Soil Systems Inc)

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