Common use of Mergers; Dissolution Clause in Contracts

Mergers; Dissolution. No Fund Borrower will merge, consolidate or divide with or into any Person, unless a Fund Borrower is the surviving entity, provided however, that if any such merger involves two or more Fund Borrowers or a Fund Borrower, such merger shall not be consummated without prior confirmation from Administrative Agent that its Liens in the Collateral, after giving effect to such merger, have been preserved, or receipt by Administrative Agent of documentation it reasonably requires to so preserve such Liens. No Fund Borrower will take any action to dissolve, wind-up or terminate such Fund Borrower, including, without limitation, any action to sell or dispose of all or substantially all of the property of such Fund Borrower, unless (a) to the extent such Borrower Party is a Borrower Party, such Borrower Party is no longer a Borrower Party hereunder, (b) such termination or dissolution shall not cause or permit the cancellation, excuse or reduction of the Unfunded Commitment or Capital Commitment of any Investors, and (c) such termination, winding-up or dissolution shall not adversely affect the ability of the rest of the Borrower Parties to perform their Obligations under this Credit Agreement or any of the other Loan Documents; provided, that a sale of any Portfolio Companies shall not be deemed a violation of this Section 10.02.