Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
Appears in 10 contracts
Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Orion Energy Systems, Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 6 contracts
Samples: Guaranty and Security Agreement (Infinera Corp), Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan and Security Agreement (Stonemor Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 4 contracts
Samples: Loan and Security Agreement (Servicesource International, Inc.), Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan and Security Agreement (Arlo Technologies, Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability companyDivision, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 2 contracts
Samples: Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.. 1.6
Appears in 1 contract
Samples: Loan and Security Agreement (Summit Midstream Partners, LP)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder..
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
Division. Any reference herein to here into a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
Appears in 1 contract
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 1 contract
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) ), as 27 if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunderhereunder (and each division of any limited liability company that is a Subsidiary, joint venture or any other like term shall also constitute such a Person or entity).
Appears in 1 contract
Samples: Term Credit Agreement (Ecolab Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) ), as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.hereunder (and each division of any limited liability company that is a Subsidiary, joint venture or any other like term shall also constitute such a Person or entity).
Appears in 1 contract
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.. 1.6
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
Appears in 1 contract
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.. 51
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