Common use of Fundamental Changes; Acquisitions Clause in Contracts

Fundamental Changes; Acquisitions. Borrower shall not dissolve, wind up, liquidate, merge into or consolidate with, or suffer or permit itself to be merged into or consolidated with, any other corporation, or sell, convey or transfer all or substantially all of its assets to any person, firm or corporation. Borrower shall not change its name without the prior written consent of the Agent. Borrower shall not purchase or otherwise acquire the assets or equity interests of any other Person or Persons; provided, however, that the term "acquisition," as used in the sentence, shall not include the purchase of grain, inputs or inventory in the ordinary course of Borrower's business.

Appears in 2 contracts

Sources: Construction Loan Agreement, Construction Loan Agreement (Red Trail Energy, LLC)