Merger/Changes Clause Samples
Merger/Changes. Borrower shall not: (i) enter into any merger, reorganization or consolidation; (ii) make any substantial change in the basic type of business now conducted by it; (iii) undergo any material change in the ownership, management, effective control or day to day operations of Borrower; or (iv) change or otherwise modify its accounting methods, practices or fiscal reporting period for accounting or tax purposes, in each case without the prior consent of the Lender which consent shall not be unreasonably withheld or conditioned.
Merger/Changes. This Agreement and the Releases (a form of which is attached as Exhibit A hereto) supersedes any prior understandings and all prior agreements between the parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the Agreement between the parties with respect to its subject matter. There are no understandings or agreements, oral or otherwise, in relation thereto, between or among the parties except as expressly set forth in this Agreement and the Releases. The terms and conditions of this Agreement cannot be changed or modified in any respect except in a written instrument that is signed by the party against whom the change or modification is to be enforced.
Merger/Changes. (i) Enter into any merger, reorganization or consolidation that results in the current shareholders of the applicable Borrowers owning, directly or indirectly, less than 51% of the voting capital of the successor entity; (ii) change its fiscal year, except as notified by the applicable Borrower to the Lender; or (iii) replace the Chief Executive Officer or Chief Financial Officer with an individual not reasonably satisfactory to the Lender within sixty (60) days.
Merger/Changes. This Agreement supersedes all prior agreements between the parties with respect to its subject matter and constitutes (together with the exhibits and schedules hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. There are no understandings or agreements, verbal or otherwise, in relation thereto, between or among the parties except as expressly set forth in this Agreement. The terms and conditions of this Agreement cannot be changed or modified in any respect except in a written instrument that is signed by the party against whom the change or modification is to be enforced.
Merger/Changes. No Borrower shall enter into any merger, reorganization or consolidation, which would result in such Borrower’s not being the surviving entity, or make any substantial change in the basic type of business now conducted by it, or undergo any material change in ownership, management, effective control or day to day operations.