Common use of Merger, Consolidation, Sale of Assets, Etc Clause in Contracts

Merger, Consolidation, Sale of Assets, Etc. (i) Merge or consolidate with any Person, or permit any of their Subsidiaries to merge or consolidate with, any Person; provided, however, that the Borrowers may merge and any Loan Party (other than the Borrowers) may be merged into a Borrower or a Guarantor or another such Subsidiary, or may consolidate with another such Subsidiary, so long as (A) no other provision of this Agreement would be violated thereby, (B) the Company gives the Agent at least 60 days' prior written notice of such merger or consolidation and (C) no Default or Event of Default shall have occurred and be continuing either before or after giving effect to such transactions.

Appears in 1 contract

Samples: Financing Agreement (Aris Industries Inc)

AutoNDA by SimpleDocs

Merger, Consolidation, Sale of Assets, Etc. (i) Merge or consolidate with any Person, or permit any of their Subsidiaries to merge or consolidate with, any Person; provided, -------- however, that the Borrowers may merge and any Loan Party (other than the Borrowers) including any Subsidiary ------- of a Loan Party formed or acquired after the Effective Date, may be merged into a Borrower or a Guarantor (other than the Borrowers) or another such Subsidiary, or may consolidate with another such Subsidiary, so long as (A) no other provision of this Agreement would be violated thereby, (Bx) the Company gives the Administrative Agent at least 60 days' prior written notice of such merger or consolidation and (Cy) no Default or Event of Default shall have occurred and be continuing either before or after giving effect to such transactions.

Appears in 1 contract

Samples: Financing Agreement (McNaughton Apparel Group Inc)

Merger, Consolidation, Sale of Assets, Etc. (i) Merge or consolidate with any Person, or permit any of their Subsidiaries to merge or consolidate with, any Person; provided, however, that the Borrowers may merge and any Loan Party (other than the Borrowers) including any Subsidiary of a Loan Party formed or acquired after the Effective Date, may be merged into a Borrower or a Guarantor (other than the Borrowers) or another such Subsidiary, or may consolidate with another such Subsidiary, so long as (A) no other provision of this Agreement would be violated thereby, (B) the Company gives the Administrative Agent at least 60 days' prior written notice of such merger or consolidation and (CB) no Default or Event of Default shall have occurred and be continuing either before or after giving effect to such transactions.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

AutoNDA by SimpleDocs

Merger, Consolidation, Sale of Assets, Etc. (i) Merge or consolidate with any Person, or permit any of their Subsidiaries to merge or consolidate with, any Person; provided, however, -------- ------- that the Borrowers may merge and any Loan Party (other than the Borrowers) including any Subsidiary of a Loan Party formed or acquired after the Effective Date, may be merged into a Borrower or a Guarantor (other than the Borrowers) or another such Subsidiary, or may consolidate with another such Subsidiary, so long as (A) no other provision of this Agreement would be violated thereby, (B) the Company gives the Administrative Agent at least 60 days' prior written notice of such merger or consolidation and (CB) no Default or Event of Default shall have occurred and be continuing either before or after giving effect to such transactions.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.