MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower's assets except in the ordinary course of its business.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Merge into or consolidate with any other entity (unless NAI is the surviving entity and remains in compliance of all provisions of the Operative Documents); or make any substantial change in the nature of NAI's business as conducted as of the date hereof; or sell, lease, transfer or otherwise dispose of all or a substantial or material portion of NAI's assets except in the ordinary course of its business.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Wind up, liquidate or dissolve, reorganize, reincorporate, merge or consolidate with or into any other Person, or acquire all or substantially all of the Assets or the business of any other Person, or permit any Subsidiary to do so; provided, however, upon prior written notice to Bank, any Subsidiary may merge into or consolidate with or transfer Assets to any Borrower or any other Subsidiary.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Not merge into or consolidate with any other entity; nor make any substantial change in the nature of Borrower's business as conducted as of the date hereof; nor acquire all or substantially all of the assets of any other person or entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower's assets except in the ordinary course of its business.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Grantor shall not: (a) merge or consolidate with any other entity; (b) make any substantial change in the nature of Grantor’s business or structure; (c) acquire all or substantially all of the assets of any other entity; or (d) sell, lease, assign, transfer or otherwise dispose of a material part of Grantor’s assets, except in the ordinary course of Grantor’s business or in accordance with the terms of the Note.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Merge into, consolidate with or acquire any or all of the equity of any other entity, except as set forth at the end of this Section 5.3; make any substantial change in the nature of Borrower's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower's assets except in the ordinary course of its business; provided, however, that Borrower may merge into, consolidate with and/or acquire all or substantially all of the equity of any other entity, so long as (i) no such single transaction, or series of related transactions, requires total consideration (inclusive of cash, the incurring of indebtedness and the assumption of liabilities, but exclusive of consideration paid or payable in the form of stock in Borrower - hereafter "Non-Stock Consideration") on the part of Borrower and/or Subsidiaries to exceed $10,000,000.00, (ii) all such transactions in each fiscal year do not require total Non-Stock Consideration on the part of Borrower and/or Subsidiaries to exceed $20,000,000.00; (iii) in the case of a merger or consolidation, Borrower is the surviving entity, (iv) in the case of an acquisition of all or substantially all of the equity of any other entity, such other entity shall promptly execute and deliver to Bank Third Party Security Agreements, a UCC-1 Financing Statement and a Continuing Guaranties in the form executed by Subsidiaries, (v) prior to each such transaction, Borrower shall deliver to Bank a certificate showing the source of funds for such transaction, provided that no more than an aggregate of $10,000,000.00 in proceeds of the Line of Credit shall be used as Non-Stock Consideration during the term of the Line of Credit, and (vi) Borrower is in compliance with the terms and covenants of this Agreement at the time of and following the closing of each such transaction.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Without limiting Borrower’s obligations under Section 5.2, Article 14 and Article 15 of this Agreement, Borrower shall not: (a) merge or consolidate with any other entity; (b) make any substantial change in the nature of Borrower’s business or structure; (c) acquire all or substantially all of the assets of any other entity; or (d) sell, lease, assign, Transfer or otherwise dispose of a material part of Borrower’s assets, except in the ordinary course of Borrower’s business or as otherwise permitted hereunder (including under Section 7.4 and Article 15 hereof).
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Borrower will not, and will not permit any Subsidiary to, merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s or any Subsidiary’s business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity except Permitted Acquisitions (defined below); nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s or any Subsidiary’s assets except in the ordinary course of its business.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Wind up, liquidate or dissolve, reorganize, reincorporate, merge into or consolidate with any other Person, or acquire all or substantially all of the assets or the business of any other Person.
MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Not to merge into or consolidate with any other entity; nor to make any substantial change in the nature of Borrower's business as presently conducted; nor to acquire all or suxxxxxxxxlly all of the assets of any other entity; nor to sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower's assets except in the ordinary course of its business.
