Common use of CONSOLIDATION, MERGER AND SALE Clause in Contracts

CONSOLIDATION, MERGER AND SALE. The Company will not (a) consolidate or merge with or into (or permit any subsidiary to consolidate or merge with or into) any other person other than a subsidiary (where the pre-existing stockholders of the Company will own a majority of the voting stock of the surviving entity), or (b) sell or otherwise dispose of (or permit any subsidiary to sell or otherwise dispose of) a material portion of its property or assets in one or more transactions to, any other person or entity or enter into (or permit any subsidiary to enter into) an agreement with respect to any of the foregoing without the prior consent of the Payee.

Appears in 3 contracts

Samples: Credit Agreement (Abtech Holdings, Inc.), Credit Agreement (Abtech Holdings, Inc.), Credit Agreement (Abtech Holdings, Inc.)

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CONSOLIDATION, MERGER AND SALE. The Company will not (a) consolidate or merge with or into (or permit any subsidiary to consolidate or merge with or into) any other person other than a subsidiary (where the pre-existing stockholders of the Company will own a majority of the voting stock of the surviving entity), or (b) sell or otherwise dispose of (or permit any subsidiary to sell or otherwise dispose of) a material portion of its property or assets in one or more transactions to, any other person or entity or enter into (or permit any subsidiary to enter into) an agreement with respect to any of the foregoing without the prior consent of the Payee.. Exhibit 10.11

Appears in 1 contract

Samples: Security Agreement (Abtech Holdings, Inc.)

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