Consolidation, Merger, Subsidiaries, Etc Sample Clauses

Consolidation, Merger, Subsidiaries, Etc. It shall not (a) liquidate or dissolve, consolidate with, or merge into or with, any other corporation, provided that this clause (a) shall not prevent (i) a merger or consolidation involving only a Borrower and one or more of its Subsidiaries pursuant to which a Borrower is the surviving party, (ii) a merger or consolidation involving only one or more Wholly-Owned Domestic Subsidiaries of a Borrower pursuant to which the surviving Person is a Wholly-Owned Domestic Subsidiary of a Borrower that is a Credit Party, (iii) a merger or consolidation that has the effect of a disposition of assets permitted by SECTION 9.04 or an Investment permitted by SECTION 9.07, or (iv) purchase or otherwise acquire all or substantially all of the capital stock or assets of any Person (or of any division or business unit thereof).
AutoNDA by SimpleDocs
Consolidation, Merger, Subsidiaries, Etc. (a) The Borrower will not, and will not permit any Subsidiary to, liquidate or dissolve, consolidate with, or merge into or with, any Person, or purchase or otherwise acquire all or substantially all of the assets or stock of any Person (or of any operating division or unit thereof), except that any such Subsidiary may liquidate or dissolve voluntarily into, and may merge with and into, the Borrower or any other wholly-owned Subsidiary (so long as the Borrower or such wholly-owned Subsidiary is the surviving corporation) and Borrower may acquire assets pursuant to the Vogue Acquisition.
Consolidation, Merger, Subsidiaries, Etc. It shall not (a) liquidate or dissolve, consolidate with, or merge into or with, any other corporation, or (b) purchase or otherwise acquire all or substantially all of the Capital Stock or assets of any Person (or of any division or business unit thereof).
Consolidation, Merger, Subsidiaries, Etc. (a) None of the Borrowers shall, nor shall they cause or permit any 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 stock or assets of any Person (or of any division or business unit thereof) or otherwise make or agree to make other acquisition; other than mergers, consolidations or acquisitions that are funded in accordance with Section 6.2.3(d); provided, however, that any Credit Party other than TAG may liquidate or dissolve voluntarily into, and may merge with and into, the Borrower or any other Credit Party (so long as TAG or such other Credit Party is the surviving corporation); and provided, further, that any Credit Party shall be permitted to liquidate any Inactive Subsidiary so long as prior to such liquidation all assets of the entity to be liquidated shall have been transferred to another Credit Party and evidence satisfactory to the Administrative Agent that such transfer has occurred shall have been delivered to the Administrative Agent.
Consolidation, Merger, Subsidiaries, Etc. It shall not, and shall not permit any of its Subsidiaries to, (a) liquidate or dissolve, consolidate with, or merge into or with, any other corporation, provided that this clause (a) shall not prevent (i) a merger or consolidation involving only the Borrower and one or more of its Subsidiaries pursuant to which the Borrower is the surviving party, (ii) a merger or consolidation involving only one or more Wholly-Owned Domestic Subsidiaries of the Borrower pursuant to which the surviving Person is a Wholly-Owned Domestic Subsidiary of the Borrower, (iii) a merger or consolidation that constitutes a Permitted Acquisition or has the effect of a disposition of assets permitted by Section 9.04 or an Investment permitted by Section 9.07 or (iv) any liquidation or dissolution of a Subsidiary of the Borrower that is not a Credit Party if the board of directors of the Borrower determines that the book value of the assets of such Subsidiary is less than $1,000,000 and such liquidation or dissolution is not otherwise disadvantageous to the Lenders, or (b) purchase or otherwise acquire all or substantially all of the Capital Stock or assets of any Person (or of any division or business unit thereof), other than in a Permitted Acquisition.
Consolidation, Merger, Subsidiaries, Etc. The Issuer will not, and will not permit any of its Subsidiaries to, liquidate or dissolve, consolidate with, or merge into or with, any Person, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any operating division or unit thereof), except that any Subsidiary may liquidate or dissolve voluntarily into, and may merge with and into, the Issuer (so long as the Issuer is the surviving corporation). The Issuer will not, and will not permit any of its Subsidiaries to, create any Subsidiary or transfer any assets to any Subsidiary other than a Subsidiary that is or becomes a party to this Agreement as a Guarantor immediately upon creation or immediately before such transfer of assets, as the case may be.
Consolidation, Merger, Subsidiaries, Etc. (a) Borrower shall not, and shall not permit any Relevant Subsidiary to, (i) liquidate or dissolve, consolidate with, or merge into or with, any other Person (including the Borrower) or (ii) purchase or otherwise acquire all or substantially all of the Capital Stock or assets of any Person (or of any division or business unit thereof), except for Permitted Investments; provided, that any Relevant Subsidiary may consolidate with, or merge into or with, any other Relevant Subsidiary; and provided, further, that the Borrower and any Relevant Subsidiary may transfer to the Ultimate Parent or any Restricted Subsidiary any property or assets that are not Collateral.
AutoNDA by SimpleDocs
Consolidation, Merger, Subsidiaries, Etc. (a) No Loan Party will liquidate or dissolve, consolidate with, or merge into or with, any other Person, or purchase or otherwise acquire all or substantially all of the assets of any Person (or of any division or business unit thereof) or otherwise make or agree to make acquisitions; provided, however, that any Subsidiary of the Borrower may liquidate or dissolve voluntarily into, and may merge with and into, the Borrower or any other wholly-owned Subsidiary (so long as the Borrower or such wholly-owned Subsidiary is the surviving Person).
Consolidation, Merger, Subsidiaries, Etc. (a) The Borrowers will not, and will not permit any 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 or business unit thereof) or otherwise make or agree to make acquisitions, except for a merger, reorganization or consolidation of NRV with or into CCI or of CCI with or into NRV or of NRV or CCI with or into Holdings; and
Consolidation, Merger, Subsidiaries, Etc. (a) The Borrower will not, and will not permit any Subsidiary to, liquidate or dissolve, consolidate with, or merge into or with, any Person, or purchase or otherwise acquire all or substantially all of the assets or any Person (or of any operating division or unit thereof), except that (i) any such Subsidiary may liquidate or dissolve voluntarily into, and may merge with and into, the Borrower or any wholly-owned Subsidiary other than an Inactive Subsidiary (so long as the Borrower or such wholly-owned Subsidiary is the surviving corporation), and (ii) Brunswick and STI may consummate the Merger provided that they simultaneously comply with the conditions set forth in Section 4.2 and Section 4.3.
Time is Money Join Law Insider Premium to draft better contracts faster.