Consolidation and Merger. Borrower will not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder.
Appears in 11 contracts
Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc), Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Consolidation and Merger. Borrower will not consolidate with or merge ------------------------ into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder.
Appears in 3 contracts
Samples: Loan and Security Agreement (Mego Financial Corp), Loan and Security Agreement (Mego Financial Corp), Loan and Security Agreement (Signature Resorts Inc)
Consolidation and Merger. Borrower will not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder."
Appears in 2 contracts
Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)
Consolidation and Merger. Borrower will not consolidate with or merge into any other Person entity, or permit any other Person entity to consolidate with or merge into itBorrower, unless: or acquire (i) Borrower is the continuing in a transaction analogous in purpose or surviving corporation in any such consolidation or merger and (ii) prior effect to and immediately after such a consolidation or merger, Borrower shall not be in default hereunder) all or substantially all the assets of any other entity.
Appears in 2 contracts
Samples: Loan Agreement (Famous Daves of America Inc), Loan Agreement (Famous Daves of America Inc)
Consolidation and Merger. The Borrower will shall not consolidate with or merge into any other Person person or entity, or permit any other Person person or entity to consolidate with or merge into it, unless: (i) Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder.
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.), Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.)
Consolidation and Merger. Neither Borrower will not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) such Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder.
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Consolidation and Merger. The Borrower will shall not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) Borrower is the continuing or surviving corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, . The Borrower shall not be permit a Change in default hereunderManagement to occur.
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Consolidation and Merger. Borrower will not consolidate with or merge into any other Person entity, or permit any other Person entity to consolidate with or merge into it, unless: or acquire (i) Borrower is the continuing in a transaction analogous in purpose or surviving corporation in any such consolidation or merger and (ii) prior effect to and immediately after such a consolidation or merger, ) all or substantially all of the assets of Borrower shall not be in default hereunderwithout the prior written consent of Bank.
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Consolidation and Merger. Borrower will shall not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into it, unless: (i) unless Borrower is the continuing surviving entity and the requirements of Section 8.1(b) below remain satisfied. Borrower will not sell or surviving corporation in any such consolidation lease all or merger substantially all of its assets, including real and (ii) prior to and immediately after such consolidation or mergerpersonal property, Borrower shall not be in default hereunderout of the ordinary course of its business.
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Consolidation and Merger. Each Borrower will not consolidate with or merge into any other Person or permit any other Person to consolidate with or merge into itit or convey all or substantially all of its assets to any person, unless: unless (i) Borrower is either the respective Borrowers shall be the continuing corporation or surviving the successor corporation in any such consolidation or merger and (ii) prior to and immediately after such consolidation or merger, Borrower shall not be in default hereunder.the person which acquires by sale or
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