Common use of Acquisitions and Mergers Clause in Contracts

Acquisitions and Mergers. The Borrower will procure that, except as permitted by the Majority Banks: (a) no member of the Group shall be subject to any reorganisation, restructuring or merger (except for solvent reconstructions within the Group) provided that (i) in the case of mergers involving the Borrower or a Material Subsidiary, the surviving entity shall be, respectively, the Borrower or a Material Subsidiary, and (ii) the same does not and is not reasonably likely to have a Material Adverse Effect; (b) no member of the Group will make any acquisitions or investments in any business or shares or equivalent other than: (i) any transaction required in order to implement the Strategic Plan or the Protocol; and (ii) acquisitions or investments (A) not exceeding in aggregate for all members of the Group €100,000,000 per annum, or (B) if and for so long as the Borrower is Investment Grade, which do not give rise to a Material Adverse Effect.

Appears in 1 contract

Sources: Revolving Credit Agreement (Alstom)

Acquisitions and Mergers. The Borrower will procure that, except as permitted by the Majority BanksLenders: (a) no member of the Group shall be subject to any reorganisation, restructuring or merger (except for solvent reconstructions within the Group) provided that (i) in the case of mergers involving the Borrower or a Material Subsidiary, the surviving entity shall be, respectively, the Borrower or a Material Subsidiary, and (ii) the same does not and is not reasonably likely to have a Material Adverse Effect; (b) no member of the Group will make any acquisitions or investments in any business or shares or equivalent other than: (i) any transaction required in order to implement the Strategic Plan or the Protocol; and (ii) acquisitions or investments (A) not exceeding in aggregate for all members of the Group EUR 100,000,000 per annum, or (B) if and for so long as the Borrower is Investment Grade, which do not give rise to a Material Adverse Effect.

Appears in 1 contract

Sources: Subordinated Debt Facility Agreement (Alstom)