Common use of Consolidation, Merger, etc Clause in Contracts

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person except:

Appears in 25 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

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Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 24 contracts

Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (W-H Energy Services Inc), Term Loan Agreement (Specialty Foods Acquisition Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person corporation except:

Appears in 12 contracts

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 12 contracts

Samples: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Novamed Inc)

Consolidation, Merger, etc. The Borrower Each of the Borrowers will not, and will not permit any of its respective Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 7 contracts

Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person except:

Appears in 6 contracts

Samples: Facility Agreement (Royal Caribbean Cruises LTD), Subordination Agreement (Royal Caribbean Cruises LTD), Subordination Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. (a) The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 6 contracts

Samples: Credit Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Credit Agreement (Novamed Inc)

Consolidation, Merger, etc. The Each of the Borrower and each Parent Guarantor will not, and will not permit any of its their respective Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 5 contracts

Samples: Patent Security Agreement (Dri I Inc), Credit Agreement (Duane Reade Inc), Credit Agreement (Dri I Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or any division thereof), except:

Appears in 4 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Marvel Enterprises Inc), Credit Agreement (Ust Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person Person, except:

Appears in 4 contracts

Samples: Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. The Each Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase otherwise enter into or otherwise acquire all or substantially all of the assets of consummate any Person Business Acquisition not constituting an Investment, except:

Appears in 4 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase otherwise enter into or otherwise acquire all or substantially all of the assets of consummate any Person Acquisition, except:

Appears in 4 contracts

Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Global Power Equipment Group Inc/)

Consolidation, Merger, etc. The Holdings and each Borrower will not, and will not permit any of its their respective Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or any division thereof), except:

Appears in 4 contracts

Samples: Credit Agreement (WRC Media Inc), Credit Agreement (WRC Media Inc), Credit Agreement (WRC Media Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 3 contracts

Samples: Credit Agreement (Charles River Laboratories Inc), Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Charles River Laboratories Holdings Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 3 contracts

Samples: Credit Agreement (Tele Communications International Inc), Credit Agreement (Decisionone Corp /De), Credit Agreement (Decisionone Corp /De)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) or change its corporate structure, except:

Appears in 3 contracts

Samples: Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Surebeam Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or sell, lease or otherwise acquire dispose of (whether in one transaction or a series of transactions) all or substantially all of the its Property or assets of to any other Person exceptexcept that:

Appears in 3 contracts

Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 3 contracts

Samples: Credit Agreement (Titan Corp), Security Agreement (Titan Corp), Credit Agreement (Titan Corp)

Consolidation, Merger, etc. SECTION 7.2.6.A. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person except:

Appears in 3 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase otherwise enter into or otherwise acquire all or substantially all of the assets of consummate any Person Business Acquisition not constituting an Investment, except:

Appears in 2 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Budget Group Inc)

Consolidation, Merger, etc. The Borrower will not, and will --------------------------- not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 2 contracts

Samples: Security Agreement (Aristotle Corp), Credit Agreement (Aristotle Corp)

Consolidation, Merger, etc. The Borrower will not, and -------------------------- will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all any part of the assets of any Person (or of any division thereof) except:

Appears in 2 contracts

Samples: Credit Agreement (One Source Telecommunications Inc), Credit Agreement (Ameritel Pay Phones Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate liquidate, wind up or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person exceptor of any division of any Person except as set forth below and so long as the Borrower (if the Borrower is a party thereto) is the surviving entity:

Appears in 2 contracts

Samples: Credit Agreement (Pogo Producing Co), Credit Agreement (Pogo Producing Co)

Consolidation, Merger, etc. SECTION 7.2.6. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person except:

Appears in 2 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its consolidated Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets or Capital Securities of any Person except:(or any division thereof).

Appears in 2 contracts

Samples: Credit Agreement (Resource America Inc), Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Consolidation, Merger, etc. The Borrower will not, and will -------------------------- not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) or make any Acquisition except:

Appears in 2 contracts

Samples: Credit Agreement (Spiegel Inc), Revolving Credit Agreement (Spiegel Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase otherwise enter into or otherwise acquire all or substantially all of the assets of consummate any Person Acquisition, except:

Appears in 2 contracts

Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 2 contracts

Samples: Credit Agreement (Advanstar Communications Inc), Credit Agreement (Advanstar Communications Inc)

Consolidation, Merger, etc. The Borrower will not, and -------------------------- will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person except:(or of any division thereof). The Borrower will not, and will not permit any of its Subsidiaries to, create any Subsidiary, except with the prior written consent of the Agent.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, or consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Loan Agreement (Nastech Pharmaceutical Co Inc)

Consolidation, Merger, etc. The Borrower will -------------------------- not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Consolidation, Merger, etc. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries which are Material Obligors to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Consolidation, Merger, etc. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or withwith (collectively, to "Merge") any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person except:Person, except any Borrower (other than the Company) may Merge with and into the Company or another Borrower, and the assets or Capital Securities of any Borrower (other than the Company) may be purchased or otherwise acquired by any other Borrower.

Appears in 1 contract

Samples: Production Agreement (Sterling Chemical Inc)

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Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate or amalgamate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all any substantial part of the assets or stock of any Person except(or of any division thereof); provided, however, that:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Key Components Finance Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person except:

Appears in 1 contract

Samples: Term Loan Agreement (Royal Caribbean Cruises LTD)

Consolidation, Merger, etc. The Borrower Borrowers will not, and will not permit any of its their respective Significant Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all of the capital stock or all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Kerzner International LTD)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries Consolidated Entities to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or any division thereof), except:

Appears in 1 contract

Samples: Patent Security Agreement (United Surgical Partners International Inc)

Consolidation, Merger, etc. The Borrower Borrowers will not, and will not permit any of its their respective Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all of the capital stock or all or substantially all of the assets of any Person (or of any division or line of business thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Kerzner International Employment Services LTD)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its the Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Mueller Holdings (N.A.), Inc.)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationcorporation or other Person, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) or make any other Acquisition Investment except:

Appears in 1 contract

Samples: Credit Agreement (Pasta Group L L C)

Consolidation, Merger, etc. The Borrower will not, and -------------------------- will not permit any of its Subsidiaries Restricted Subsidiary to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 1 contract

Samples: Credit Agreement (Advanstar Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the any assets of any Person except:(or of any division thereof), without the prior written consent of Lender, determined in its sole discretion.

Appears in 1 contract

Samples: Credit Agreement (Callon Petroleum Co)

Consolidation, Merger, etc. The Holdings and the Borrower will not, and will not permit any of its the Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: And Combined Credit Agreement (Merrill Corp)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, liquidate or dissolve, consolidate with, or merge into ("Combine" or a "Combination") or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Revolving Credit Agreement (Royster-Clark Nitrogen Realty LLC)

Consolidation, Merger, etc. The US Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Mobile Services Group Inc)

Consolidation, Merger, etc. The Borrower will not, and will -------------------------- not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Novamed Eyecare Inc)

Consolidation, Merger, etc. The Borrower will not, and -------------------------- will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Buy Com Inc)

Consolidation, Merger, etc. The Borrower -------------------------- Borrowers will not, and will not permit any of its their Subsidiaries which are Material Obligors to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof), except:

Appears in 1 contract

Samples: Credit Agreement (United Auto Group Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate merge or dissolveconsolidate with any Person and the Borrower will not, consolidate with, or merge into or withand will not permit, any other corporationRestricted Subsidiary to, or purchase or otherwise acquire transfer all or substantially all of the its assets of to any Person Person, except:

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Consolidation, Merger, etc. The Borrower Borrowers will not, and --------------------------- will not permit any of its their respective Significant Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all of the capital stock or all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun International North America Inc)

Consolidation, Merger, etc. The Borrower and the Parent will not, and will not permit any of its their respective Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (W-H Energy Services Inc)

Consolidation, Merger, etc. The Borrower will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate or amalgamate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all any substantial part of the assets or Capital Securities of any Person except(or of any division thereof); provided, however, that:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Key Components Finance Corp)

Consolidation, Merger, etc. The Borrower will not, -------------------------- and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division thereof) except:

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

Consolidation, Merger, etc. The Parent and the Borrower will not, and will not permit any of its their respective Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any other corporationPerson, or purchase or otherwise acquire all or substantially all of the assets of any Person (or any division thereof), except:

Appears in 1 contract

Samples: Credit Agreement (CTC Communications Group Inc)

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