Consolidations, Mergers and Sales of Assets; Change in Control. (a) No Borrower will, or will permit any Subsidiary to, directly or indirectly consolidate or merge or amalgamate with or into any other Person other than (i) consolidations or mergers among Borrowers where a Borrower is the surviving entity, (ii) consolidations or mergers among a Guarantor and a Borrower so long as the Borrower is the surviving entity, (iii) consolidations or mergers among Guarantors where a Guarantor is the surviving entity and (iv) consolidations or mergers among Excluded Foreign Subsidiaries.
Appears in 3 contracts
Samples: Credit and Security Agreement (PTC Therapeutics, Inc.), Credit and Security Agreement (Novadaq Technologies Inc), Credit and Security Agreement (Novadaq Technologies Inc)
Consolidations, Mergers and Sales of Assets; Change in Control. (a) No Borrower will, or will permit any Subsidiary to, directly or indirectly consolidate or merge or amalgamate with or into any other Person other than (i) consolidations or mergers among Borrowers where a Borrower is a the surviving entity, (ii) consolidations or mergers among a Guarantor and a Borrower so long as the Borrower is the surviving entity, (iii) consolidations or mergers among Guarantors where a the Guarantor is the surviving entity and (iv) consolidations or mergers among Excluded Restricted Foreign Subsidiaries.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Spectranetics Corp), Credit Agreement (Spectranetics Corp)
Consolidations, Mergers and Sales of Assets; Change in Control. (a) No Borrower will, or will permit any Subsidiary to, directly or indirectly consolidate or merge or amalgamate with or into any other Person other than (i) consolidations or mergers among Borrowers where a Borrower is the a surviving entity, (ii) consolidations or mergers among a Guarantor and a Borrower so long as the Borrower is the surviving entity, (iii) consolidations or mergers among Guarantors where a Guarantor is the surviving entity and or (iv) consolidations or mergers among Excluded Foreign SubsidiariesSubsidiaries that are not Credit Parties.
Appears in 1 contract
Samples: Credit and Security Agreement (TherapeuticsMD, Inc.)