Common use of Merger and Acquisition Clause in Contracts

Merger and Acquisition. Consolidate with or merge with or into any Person unless (i) Borrower is the surviving corporation and (ii) immediately upon consummation of such consolidation or merger, Borrower would be permitted to borrow at least $1.00 of additional Indebtedness for Borrowed Money under Section 7.1.

Appears in 3 contracts

Sources: Loan Agreement (Champps Entertainment Inc/ Ma), Loan Agreement (Ich Corp /De/), Loan Agreement (Ich Corp /De/)