Common use of Merger or Consolidation of the Seller Clause in Contracts

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that may result from any merger, conversion or consolidation to which the Seller shall be a party, or (iii) that may succeed to all or substantially all of the business of the Seller, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, except that if the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp)

AutoNDA by SimpleDocs

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that may result from any merger, conversion conversion, or consolidation to which the Seller shall be is a party, or (iii) that may succeed by purchase and assumption to all or substantially all of the business of the Seller, where the Seller is not the surviving entity, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement. The Seller shall promptly inform the Trustee and the Rating Agency of any such merger, except that if conversion, consolidation or purchase and assumption, where the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Security Auto Grantor Trust 1997-A), Pooling and Servicing Agreement (First Security Bank Na), Pooling and Servicing Agreement (First Security Bank Na)

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that may result from any merger, conversion conversion, or consolidation to which the Seller shall be is a party, or (iii) that may succeed by purchase and assumption to all or substantially all of the business of the Seller, where the Seller is not the surviving entity, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement. The Seller shall promptly inform the Owner Trustee and the Indenture Trustee and the Rating Agency of any such merger, except that if conversion, consolidation or purchase and assumption, where the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that may result resulting from any merger, conversion merger or consolidation to which the Seller shall be is a party, party or (iii) that may succeed succeeding to all or substantially all of the business of the Seller, which corporation or other entity shall, in any case where an assumption Seller shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this AgreementAgreement and, whether or not such assumption agreement is executed, shall be the successor to the Seller hereunder (without relieving the Seller of its responsibilities hereunder, if it survives such merger or consolidation) without the execution or filing of any document or any further act action by any of the parties to this Agreement; provided, except however, that if any such merger or consolidation is subject in all respects to the Seller restrictions set forth in any its articles of incorporation and the consent of the foregoing cases is Agent (which consent shall not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller hereunderbe unreasonably withheld).

Appears in 1 contract

Samples: Sale and Contribution Agreement (MFN Financial Corp)

Merger or Consolidation of the Seller. Any corporation ------------------------------------- or other entity (i) into which the Seller may be merged or consolidated, (ii) that may result from any merger, conversion conversion, or consolidation to which the Seller shall be is a party, or (iii) that may succeed by purchase and assumption to all or substantially all of the business of the Seller, where the Seller is not the surviving entity, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement. The Seller shall promptly inform the Owner Trustee and the Indenture Trustee and the Rating Agency of any such merger, except that if conversion, consolidation or purchase and assumption, where the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

AutoNDA by SimpleDocs

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that which may result from any merger, conversion or consolidation to which the Seller shall be a party, or (iii) that which may succeed to all or substantially all of the business of the Seller, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, except that if the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Buyer, the Master Servicer and to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 1 contract

Samples: Party Security Agreement (Pacificamerica Money Center Inc)

Merger or Consolidation of the Seller. Any corporation or other entity (i) into which the Seller may be merged or consolidated, (ii) that which may result from any merger, conversion or consolidation to which the Seller shall be a party, or (iii) that which may succeed to all or substantially all of the business of the Seller, which corporation or other entity shall, in any case where an assumption shall not be effected by operation of law, execute an agreement of assumption to perform every obligation of the Seller under this Agreement, shall be the successor to the Seller hereunder without the execution or filing of any document or any further act by any of the parties to this Agreement, except that if the Seller in any of the foregoing cases is not the surviving entity, then the surviving entity shall execute and deliver to the Buyer, the Servicer and to the Trustee an agreement of assumption to perform every obligation of the Seller hereunder.

Appears in 1 contract

Samples: Loan Purchase Agreement (Banccap Asset Securization Issuance Corp)

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