Common use of Mergers, Etc Clause in Contracts

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person.

Appears in 19 contracts

Sources: Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.)

Mergers, Etc. Merge or consolidate with (except where Borrower is the surviving entity), or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person).

Appears in 17 contracts

Sources: Revolving Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or permit any of the Borrowers to do so.

Appears in 13 contracts

Sources: Five Year Credit Agreement (Omnicom Group Inc.), Credit Agreement (Omnicom Group Inc.), Five Year Credit Agreement (Omnicom Group Inc.)

Mergers, Etc. Merge with or into or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) acquire all or substantially all of its the assets (whether now owned or hereafter acquired) toof, any Person.

Appears in 9 contracts

Sources: Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh), Letter of Credit and Reimbursement Agreement (North Atlantic Energy Corp /Nh), Revolving Credit Agreement (North Atlantic Energy Corp /Nh)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, except in the event that the Company shall be the continuing or surviving Person following such merger or consolidation.

Appears in 7 contracts

Sources: Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (of, whether in one transaction or in a series of transactions) , all or substantially all of its the property and assets (whether now owned or hereafter acquired) to, of Borrower to any Person.

Appears in 5 contracts

Sources: Term Loan Credit Agreement (Rentech, Inc.), Term Loan Credit Agreement (Blackstone Holdings I L.P.), Loan Agreement (Rentech, Inc.)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, except in the event that the Borrower shall be the continuing or surviving Person following such merger or consolidation.

Appears in 5 contracts

Sources: Delayed Draw Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.), Term Loan Credit Agreement (At&t Inc.)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Personperson or entity.

Appears in 4 contracts

Sources: Loan Agreement (Star Scientific Inc), Credit Agreement (Dynacq International Inc), Credit Agreement (Dynacq International Inc)

Mergers, Etc. Merge or consolidate with (except where Borrower or intoa Person wholly-owned by Borrower is the surviving entity), oror sell, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, (or enter into any Personagreement to do any of the foregoing).

Appears in 4 contracts

Sources: Loan Agreement (Taubman Centers Inc), Loan Agreement (Taubman Realty Group LTD Partnership), Revolving Loan Agreement (Taubman Centers Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets to (whether now owned or hereafter acquired) to), any Person, or permit any of its Subsidiaries to do so.

Appears in 3 contracts

Sources: Line of Credit Agreement (Smith & Wollensky Restaurant Group Inc), Line of Credit Agreement (Smith & Wollensky Restaurant Group Inc), Line of Credit Agreement (Smith & Wollensky Restaurant Group Inc)

Mergers, Etc. Merge or consolidate with any person, sell, lease, license or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) toto any person or acquire all or substantially all of the assets or the business of any person, or take any other action to effect, any PersonBusiness Combination Transaction (other than the Transactions), in each case whether in one transaction or in a series of transactions, except that a Subsidiary may merge into or transfer assets to the Company or a Wholly-Owned Subsidiary.

Appears in 3 contracts

Sources: Merger Agreement (Phoenix Network Inc), Agreement and Plan of Merger (Phoenix Network Inc), Merger Agreement (Icon CMT Corp)

Mergers, Etc. Merge into or consolidate with any Person or intopermit any Person to merge into it, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its the assets (whether now owned or hereafter acquired) toof the Borrower and its Subsidiaries, taken as a whole, to any Person.

Appears in 2 contracts

Sources: Credit Agreement (Sodexho Alliance S A), Credit Agreement (Sodexho Mariott Services Inc)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or acquire all or substantially all of the assets or the business of any Person.

Appears in 2 contracts

Sources: Loan Agreement (Pick Communications Corp), Parent Guarantee Agreement (Pick Communications Corp)

Mergers, Etc. Merge with or into or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person, if any such transaction or series of transactions would result in a Change of Control, or liquidate.

Appears in 2 contracts

Sources: Convertible Revolving Credit Agreement (OBITX, Inc.), Revolving Credit Agreement (Alternative Construction Company, Inc.)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or acquire all or substantially all of the assets or the business of any Person (or enter into any agreement to do any of the foregoing), except as may be set forth in the Purchase Agreement.

Appears in 2 contracts

Sources: Loan Agreement (Winstar Communications Inc), Loan Agreement (Cellularvision Usa Inc)

Mergers, Etc. Merge or consolidate amalgamate with or intoany person, orsell, directly or indirectlylease, convey, transfer, lease license or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) toto any person or acquire all or substantially all of the assets or the business of any person, any Personin each case whether in one transaction or in a series of transactions.

Appears in 2 contracts

Sources: Purchase Agreement (Saxon Petroleum Inc), Purchase Agreement (Forest Oil Corp)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person.

Appears in 2 contracts

Sources: Term Loan Agreement (Smith & Wollensky Restaurant Group Inc), Term Loan Agreement (Smith & Wollensky Restaurant Group Inc)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or acquire all or substantially all of the assets or the business of any Person (or enter into any agreement to do any of the foregoing), or permit any of its Subsidiaries to do so, except that any obligor may merge into or consolidate with or transfer assets to any other Obligor.

Appears in 2 contracts

Sources: Credit Agreement (JLM Industries Inc), Credit Agreement (JLM Industries Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or permit any of its Subsidiaries to do so.

Appears in 2 contracts

Sources: Credit Agreement (Macquarie Infrastructure CO Trust), Credit Agreement (Macquarie Infrastructure CO Trust)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person.

Appears in 1 contract

Sources: Revolving Credit Agreement (Wentworth J G & Co Inc)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets their Properties (whether now owned or hereafter acquired) to, to any Person.

Appears in 1 contract

Sources: Credit Agreement (Ashton Houston Residential L.L.C.)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or permit the Borrower to do so.

Appears in 1 contract

Sources: 364 Day Credit Agreement (Omnicom Group Inc.)

Mergers, Etc. Merge Enter into any merger or consolidate consolidation with or intoacquire all or substantially all of the assets of any Person, oror sell, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, to any Person, unless such transaction has been approved by Lenders in their sole discretion.

Appears in 1 contract

Sources: Post Petition Loan and Security Agreement (Interdent Inc)

Mergers, Etc. Merge or consolidate with (except where Borrower is the surviving entity), or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) ), all or substantially all of its assets (whether now owned or hereafter acquired) to, or enter into any Personagreement to do any of the foregoing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Price Enterprises Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all any substantial part of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Person.Person unless, in the case of a merger or consolidation, the Borrower shall be the continuing person, or the person or

Appears in 1 contract

Sources: Loan Agreement (Trak Auto Corp)

Mergers, Etc. Merge or consolidate with with, or intosell, orassign, directly or indirectly------------ lease, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) toto any Person, or acquire all or substantially all of the assets or the business of any Person.

Appears in 1 contract

Sources: Loan Agreement (SBM Industries Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person.or

Appears in 1 contract

Sources: 364 Day Credit Agreement (Honeywell International Inc)

Mergers, Etc. Merge with or into or consolidate with or into, oror sell, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any PersonPerson or Persons.

Appears in 1 contract

Sources: Credit Agreement (New England Power Co)

Mergers, Etc. Merge with or into or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person.

Appears in 1 contract

Sources: Receivables Purchase and Sale Agreement (Maxtor Corp)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person.

Appears in 1 contract

Sources: Term Loan Agreement (Freds Inc)

Mergers, Etc. Merge (a) Wind up, liquidate or dissolve itself, reorganize, merge or consolidate with or into, oror convey, directly or indirectlysell, conveyassign, transfer, lease lease, or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets Assets (whether now owned or hereafter acquired) to, to any Person, or (b) acquire all or substantially all of the Assets or the business of any Person, or cause or permit any Subsidiary to do so.

Appears in 1 contract

Sources: Revolving Credit Agreement (Landmark Bancorp Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) acquire all or substantially all of its the assets (whether now owned of, or hereafter acquired) toenter in joint venture or partnership with, any Person.

Appears in 1 contract

Sources: Common Agreement (Ica Corporation Holding Co)

Mergers, Etc. Merge or consolidate with any Person (except where Borrower or intoa Person wholly-owned by Borrower is the surviving entity), oror sell, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, (or enter into any Personagreement to do any of the foregoing).

Appears in 1 contract

Sources: Revolving Credit Agreement (Taubman Realty Group LTD Partnership)

Mergers, Etc. Merge or consolidate with with, or intosell, orassign, directly or indirectlylease, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, to any Person.

Appears in 1 contract

Sources: Guaranty Agreement (Spacehab Inc \Wa\)

Mergers, Etc. Merge or consolidate with with, or intosell, or, directly or indirectly, convey, transferassign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person, or acquire all or a material part of the assets or the business of any Person (or enter into any agreement to do any of the foregoing).

Appears in 1 contract

Sources: Credit Agreement (Boundless Corp)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, ------------- transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets of, any Personperson or entity.

Appears in 1 contract

Sources: Loan Agreement (Star Scientific Inc)

Mergers, Etc. Merge or consolidate with or into, or, directly or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, any Person., or permit any of its Subsidiaries to do so, except

Appears in 1 contract

Sources: Credit Agreement (York International Corp /De/)

Mergers, Etc. Merge or consolidate with with, or intosell, orassign, directly or indirectlylease, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired) to, to any Person, or acquire any assets after the date of this Agreement.

Appears in 1 contract

Sources: Credit Agreement (Spacehab Inc \Wa\)

Mergers, Etc. Merge or consolidate with or intointo any Person, oror assign, directly transfer or indirectly, convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) sell all or substantially all of its properties or assets (whether now owned or hereafter acquired) to, any Person).

Appears in 1 contract

Sources: Credit Agreement (Mikes Original Inc)