Merger or Consolidation of Seller. Any Person into which the Seller may be merged or consolidated, or any Person resulting from such merger, conversion or consolidation to which the Seller is a party, or any Person succeeding to substantially all of the business or substantially all of the lending business of the Seller shall be the successor to the Seller hereunder, without execution or filing of any paper or any further act on the part of any of the parties hereto, notwithstanding anything herein to the contrary; provided that if the Seller is the Servicer at the time of such merger, conversion, consolidation or sale, such transaction meets the requirements set forth in Section 5.13 of the Sale and Servicing Agreement.
Appears in 7 contracts
Samples: Sale and Contribution Agreement (Hercules Capital, Inc.), Sale and Contribution Agreement (Horizon Technology Finance Corp), Sale and Contribution Agreement (Hercules Capital, Inc.)