Mergers; Dissolution. No Fund Party will merge or consolidate with or into any Person, unless such Fund Party is the surviving entity, nor shall any Managing Entity merge or consolidate with or into any Person that is not a direct or indirect Subsidiary of ▇▇▇▇▇▇▇ ▇▇▇▇▇, unless such Managing Entity is the surviving entity; provided, however, that if any such merger involves two or more Fund Parties and/or any Managing Entity, such merger shall not be consummated without prior confirmation from the Administrative Agent that its Liens in the Collateral, after giving effect to such merger, have been preserved, or receipt by the Administrative Agent of documentation it reasonably requires to so preserve such Liens. Neither any Fund Party nor any Managing Entity will take any action to dissolve, terminate, wind up, liquidate, merge or consolidate such Fund Party or such Managing Entity, including any action to sell or dispose of in a single transaction or series of related transactions all or substantially all of the property of such Fund Party or such Managing Entity.
Appears in 2 contracts
Sources: Revolving Credit Agreement (SLR Private Credit BDC II LLC), Revolving Credit Agreement (SLR Private Credit BDC II LLC)
Mergers; Dissolution. No Fund Borrower Party will merge or consolidate (including by way of Division) with or into any Person, unless such Fund Borrower Party is the surviving entity, nor shall any Managing Entity merge or consolidate with or into any Person that is not a direct or indirect Subsidiary of ▇▇▇▇▇▇▇ ▇▇▇▇▇, unless such Managing Entity is the surviving entity; provided, however, that if any such merger or consolidation involves two or more Fund Borrower Parties and/or any Managing Entity, such merger or consolidation shall not be consummated without prior confirmation from the Administrative Agent that its Liens in the Collateral, after giving effect to such mergermerger or consolidation, have been preserved, or receipt by the Administrative Agent of documentation it reasonably requires to so preserve such Liens. Neither any Fund Borrower Party nor any Managing Entity will take any action to dissolve, terminate, wind up, liquidate, merge or consolidate such Fund Borrower Party or such Managing Entity, including any action to sell or dispose of in a single transaction or series of related transactions all or substantially all of the property of such Fund Borrower Party or such Managing Entity.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC), Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)
Mergers; Dissolution. No Fund Party will merge or consolidate with or into any Person, unless such Fund Party is the surviving entity, nor shall any Managing Entity merge or consolidate with or into any Person that is not a direct or indirect Subsidiary of ▇▇▇▇▇▇▇ ▇▇▇▇▇Goldman Sachs, unless such Managing Entity is the surviving entity; provided, however, that if any such merger involves two or more Fund Parties and/or any Managing Entity, such merger shall not be consummated without prior confirmation from the Administrative Agent that its Liens in the Collateral, after giving effect to such merger, have been preserved, or receipt by the Administrative Agent of documentation it reasonably requires to so preserve such Liens. Neither any Fund Party nor any Managing Entity will take any action to dissolve, terminate, wind up, liquidate, merge or consolidate such Fund Party or such Managing Entity, including any action to sell or dispose of in a single transaction or series of related transactions all or substantially all of the property of such Fund Party or such Managing Entity.
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Mergers; Dissolution. No Fund Borrower Party will merge or consolidate (including by way of division) with or into any Person, unless such Fund Borrower Party is the surviving entity, nor shall any Managing Entity merge or consolidate with or into any Person that is not a direct or indirect Subsidiary of ▇▇▇▇▇▇▇ ▇▇▇▇▇, unless such Managing Entity is the surviving entity; provided, however, that if any such merger or consolidation involves two or more Fund Borrower Parties and/or any Managing Entity, such merger or consolidation shall not be consummated without prior confirmation from the Administrative Agent that its Liens in the Collateral, after giving effect to such mergermerger or consolidation, have been preserved, or receipt by the Administrative Agent of documentation it reasonably requires to so preserve such Liens. Neither any Fund Borrower Party nor any Managing Entity will take any action to dissolve, terminate, wind up, liquidate, merge or consolidate such Fund Borrower Party or such Managing Entity, including any action to sell or dispose of in a single transaction or series of related transactions all or substantially all of the property of such Fund Borrower Party or such Managing Entity.
Appears in 1 contract
Sources: Revolving Credit Agreement (Goldman Sachs Private Middle Market Credit II LLC)
Mergers; Dissolution. No Fund Party will merge or consolidate with or into any Person, unless such Fund Party is the surviving entity, nor shall any Managing Entity merge or consolidate with or into any Person that is not a direct or indirect Subsidiary of ▇▇▇▇▇▇▇ ▇▇▇▇▇, unless such Managing Entity is the surviving entity; , provided, however, that if any such merger involves two or more Fund Parties and/or any Managing Entity, such merger shall not be consummated without prior confirmation from the Administrative Agent that its Liens in the Collateral, after giving effect to such merger, have been preserved, or receipt by the Administrative Agent of documentation it reasonably requires to so preserve such Liens. Neither any Fund Party nor any Managing Entity will take any action to dissolve, terminate, wind up, liquidate, merge or consolidate such Fund Party or such Managing Entity, including any action to sell or dispose of in a single transaction or series of related transactions all or substantially all of the property of such Fund Party or such Managing Entity.
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