Common use of Mergers or Acquisitions Clause in Contracts

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 8 contracts

Samples: Loan Agreement (Ultradata Corp), Loan and Security Agreement (Curon Medical Inc), Loan Modification Agreement (Quicklogic Corporation)

AutoNDA by SimpleDocs

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another a Person., except where no Event of Default has occurred and is continuing or would result from such action during the term of this Agreement:

Appears in 6 contracts

Samples: Loan and Security Agreement (Aviat Networks, Inc.), Loan and Security Agreement (Cray Inc), Loan and Security Agreement (Fusion-Io, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 6 contracts

Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Astea International Inc), Loan and Security Agreement (C-Bridge Internet Solutions Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 4 contracts

Samples: Loan and Security Agreement (Aldagen Inc), Loan and Security Agreement (Nexsan Corp), Loan and Security Agreement (Intelepeer Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 4 contracts

Samples: Security Agreement (Ibasis Inc), Security Agreement (Ibasis Inc), Security Agreement (Ibasis Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its their Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its their Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 4 contracts

Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, provided that any Subsidiary of Borrower may merge into Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Capital Stock or property of another Person., other than:

Appears in 3 contracts

Samples: Loan Agreement (Evolving Systems Inc), Loan and Security Agreement (Evolving Systems Inc), Loan and Security Agreement (Evolving Systems Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except where no Event of Default has occurred, is continuing or would exist after giving effect to the transactions.

Appears in 3 contracts

Samples: Loan Agreement (Safeguard Scientifics Inc), Loan Agreement (Clarient, Inc), Loan Agreement (Chromavision Medical Systems Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other non-Affiliate business organization, other than Lender or its Affiliates, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 3 contracts

Samples: Security Agreement (DSL Net Inc), Purchase Agreement (DSL Net Inc), Security Agreement (Stevens Financial Group LLC)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person., except

Appears in 2 contracts

Samples: Loan and Security Agreement (Advanced BioHealing Inc), Loan and Security Agreement (Advanced BioHealing Inc)

Mergers or Acquisitions. (a) Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.; provided however,

Appears in 2 contracts

Samples: Loan and Security Agreement (Rae Systems Inc), Loan and Security Agreement (Rae Systems Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another Person., or enter into any agreement to do any of the same; except, with respect to any such transaction, if the following conditions are met (such transaction satisfying the following conditions, a “Permitted Acquisitions”):

Appears in 2 contracts

Samples: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, equity securities, or property of another Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Streamline Health Solutions Inc.), Loan and Security Agreement (Streamline Health Solutions Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, shares or property of another Person.

Appears in 2 contracts

Samples: Confessed Judgment Guaranty Agreement (Amphitrite Digital Inc), Confessed Judgment Guaranty Agreement (Amphitrite Digital Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge merger or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 2 contracts

Samples: Loan Modification Agreement (Quintus Corp), Loan and Security Agreement (Sage Inc/Ca)

Mergers or Acquisitions. Merge or consolidate, or permit ----------------------- any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Thermatrix Inc), Loan and Security Agreement (Onsale Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division).

Appears in 2 contracts

Samples: Loan Agreement (Aspen Aerogels Inc), Loan Agreement (Aspen Aerogels Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary of the Borrower into another Subsidiary of the Borrower or into the Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another Person, or enter into any agreement to do any of the same.

Appears in 2 contracts

Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than a merger of any Subsidiaries with Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or cease operations, liquidate, change its name, or dissolve (other than pursuant to a merger of a Subsidiary with Borrower).

Appears in 2 contracts

Samples: Business Loan and Security Agreement (Iridex Corp), Loan and Security Agreement (Iridex Corp)

Mergers or Acquisitions. Merge or consolidate, or permit any ----------------------- of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.Person except where:

Appears in 1 contract

Samples: Loan and Security Agreement (Solazyme Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.or

Appears in 1 contract

Samples: Loan and Security Agreement (Jive Software, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except where Borrower is the surviving entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Ribogene Inc / Ca/)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person., except that:

Appears in 1 contract

Samples: Loan and Security Agreement (Versata Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower, with Borrower being the surviving entity), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (BioNano Genomics, Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another a Person., except where no Event of Default has occurred and is continuing or would result from such action during the term of this Agreement and:

Appears in 1 contract

Samples: Loan and Security Agreement (U.S. Auto Parts Network, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for mergers of Subsidiaries with each other or with Borrower, provided that Borrower is the surviving Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Corsair Communications Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.. 7.4

Appears in 1 contract

Samples: Loan and Security Agreement (Arthrocare Corp)

Mergers or Acquisitions. Merge Other than as described on the ----------------------- Schedule, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Evolving Systems Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (not an Affiliate).

Appears in 1 contract

Samples: Loan and Security Agreement (Ise Labs Inc)

Mergers or Acquisitions. Merge Other than Permitted Acquisitions, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into a Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Jamdat Mobile Inc)

Mergers or Acquisitions. Merge Except for the transactions involving the acquisition of Borrower or its assets by Lender, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or permit all or substantially all of its assets to be acquired by any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Winwin Gaming Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another a Person., except:

Appears in 1 contract

Samples: Loan and Security Agreement (Solazyme Inc)

Mergers or Acquisitions. Merge Merger or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Bsquare Corp /Wa)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into a Loan Party), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.,

Appears in 1 contract

Samples: Execution Version Loan and Security Agreement (DraftKings Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Sprout Social, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions.

Appears in 1 contract

Samples: Loan and Security Agreement (Backblaze, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except in connection with a Permitted Acquisition or an Approved Acquisition.

Appears in 1 contract

Samples: Loan and Security Agreement and Waiver and Consent (Neophotonics Corp)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person., except that the Borrower or any of its Subsidiaries may merge or consolidate with another

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)

Mergers or Acquisitions. (a) Merge or consolidate, or permit any of ----------------------- its their Subsidiaries to merge or consolidate, with or into any other business organizationperson, or acquire, or permit any of its their Subsidiaries to acquire, all or substantially all of the share capital stock or property of another Person.person

Appears in 1 contract

Samples: Midatech Pharma PLC

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, without the prior written consent of Bank and the delivery to Bank by Borrower of a Borrower prepared proforma consolidated financial statement.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)

Mergers or Acquisitions. Merge or consolidate, or ----------------------- permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than Creditor), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Iprint Technologies Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.a Person except where:

Appears in 1 contract

Samples: Loan and Security Agreement (TerraVia Holdings, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquireother than in connection with the Specified Acquisition, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, equity securities, or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Streamline Health Solutions Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, unless the Borrower is the surviving entity, the target company in a merger is involved in a similar line of business and no Event of Default exists prior to or would occur as a result thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Tci Solutions Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than mergers or acquire, consolidations relating to the reincorporation or permit any other reorganization into a different jurisdiction or mergers or consolidations of its Subsidiaries to acquire, all a Subsidiary into another Subsidiary or substantially all of the capital stock or property of another Personinto Borrower).

Appears in 1 contract

Samples: Loan and Security Agreement (Akesis Pharmaceuticals, Inc.)

Mergers or Acquisitions. Merge Except for the merger, consolidation or other combination of a Subsidiary with a Guarantor as part of an Anticipated Liquidation, merge, consolidate, or otherwise combine, or permit any of ----------------------- its Subsidiaries to merge or merge, consolidate, or otherwise combine, with or into any other business organization, Person or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another a Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Adept Technology Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person." and inserting in lieu thereof the following:

Appears in 1 contract

Samples: Second Loan Modification Agreement (Natural Microsystems Corp)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, unless Borrower is the surviving entity after consummation of such merger or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Personconsolidation.

Appears in 1 contract

Samples: Loan and Security Agreement (6d Bytes Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than transactions between Subsidiaries that are Guarantors.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Solutions/Ca/)

Mergers or Acquisitions. (i) Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person; or (ii) merge or consolidate a Subsidiary into another Subsidiary or into Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Imagex Com Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary).

Appears in 1 contract

Samples: Loan and Security Agreement (Villageedocs Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, without the prior written consent of Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Visioneer Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.to

Appears in 1 contract

Samples: Loan and Security Agreement (Novatel Wireless Inc)

AutoNDA by SimpleDocs

Mergers or Acquisitions. Merge Other than in connection with a Permitted Acquisition: (a) merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, ; or (b) acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Tippingpoint Technologies Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than a Subsidiary merging or consolidating into Borrower or another Subsidiary), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for Permitted Acquisitions.

Appears in 1 contract

Samples: Loan and Security Agreement (Quicklogic Corporation)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.Person (including, without limitation, by the formation of any Subsidiary) except:

Appears in 1 contract

Samples: Loan and Security Agreement (A10 Networks, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division).

Appears in 1 contract

Samples: Loan and Security Agreement (Zovio Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries Affiliates to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries Affiliates to acquire, all or substantially all of the share capital stock or property of another Person.

Appears in 1 contract

Samples: Loan Agreement (Mimecast LTD)

Mergers or Acquisitions. Merge Except in connection with the ----------------------- Conversion, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Manhattan Associates Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any ----------------------- of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan Modification Agreement (Interwoven Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Security Agreement (Switchboard Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except the reorganization transaction contemplated in Section 6.8 herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Graphix Zone Inc/De)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or enter into any agreement to do any of the same, except, in each case, in connection with Permitted Acquisitions.

Appears in 1 contract

Samples: Loan and Security Agreement (Thayer Ventures Acquisition Corp)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than mergers or acquire, or permit any consolidations of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.a

Appears in 1 contract

Samples: Loan and Security Agreement (Everyday Health, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than in connection with Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Ekso Bionics Holdings, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquireacquired, all or substantially all of the capital stock or property of another Person, without the consent of Bank which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Loan Modification Agreement (Placeware Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson without the consent of Bank, not to be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Loan and Security Agreement (Adnexus Therapeutics, Inc.)

Mergers or Acquisitions. Merge Except for Permitted Acquisitions, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or consummate any agreement to do any of the same.

Appears in 1 contract

Samples: Loan and Security Agreement (CareDx, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than mergers or acquire, consolidations of a Subsidiary into another Subsidiary or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.into

Appears in 1 contract

Samples: Loan and Security Agreement (Clearone Communications Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than pursuant to a transaction in which all Obligations to the Bank are paid on the initial closing thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Fennec Pharmaceuticals Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, provided one or more Subsidiaries may merge with Borrower or another Subsidiary as long as Borrower is the surviving entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Marimba Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except the merger or consolidation of one Subsidiary into another Subsidiary or into the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Brio Technology Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than: (i) mergers or consolidations between or among Borrowers; (ii) mergers or consolidations between or among Foreign Subsidiaries of Borrowers; or (iii) mergers or consolidations permitted under subsection (g) of the defined term Permitted Investments.

Appears in 1 contract

Samples: Loan and Security Agreement (Maxwell Technologies Inc)

Mergers or Acquisitions. (a) Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except that a Subsidiary of Borrower may merge or consolidate into another Subsidiary of Borrower or into Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Xata Corp /Mn/)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except Permitted Acquisitions.

Appears in 1 contract

Samples: Disbursement Instructions (Vastera Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson if an event of default has occurred and is continuing or would result from such action.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonus Networks Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except that Subsidiaries may merge or consolidate with each other or into Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Resound Corp)

Mergers or Acquisitions. Merge Other than the Merger, merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, or enter into any agreement to do any of the same.

Appears in 1 contract

Samples: Loan and Security Agreement (Glowpoint, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.or

Appears in 1 contract

Samples: Loan and Security Agreement (Bsquare Corp /Wa)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for the merger or consolidation of one or more Subsidiaries of Borrower with or into Borrower or the merger or consolidation of two or more Subsidiaries of Borrower, unless as a condition to the consummation of such merger or acquisition, all Obligations are satisfied in full.

Appears in 1 contract

Samples: Loan and Security Agreement (Verity Inc \De\)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidateconsolidate (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Proxim Wireless Corp)

Mergers or Acquisitions. Merge or consolidate, or permit any of its ----------------------- its Subsidiaries subsidiaries to merge or consolidate, with or into any other business organizationorganization or entity, or acquire, or permit any of its Subsidiaries subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.

Appears in 1 contract

Samples: Operating Agreement (Amerigon Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into a Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another Person., or enter into any agreement to do any of the same except for acquisitions for which the Permitted Acquisition Conditions have been satisfied and for which Bank has indicated so

Appears in 1 contract

Samples: Loan and Security Agreement (Everside Health Group, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with any Person other than with Borrower or into any other business organizationSubsidiary, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Persona Person other than Borrower or any Guarantor.

Appears in 1 contract

Samples: Loan and Security Agreement (Solta Medical Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationorganization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower}, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.Person except where (a) each of the following conditions is applicable:

Appears in 1 contract

Samples: Loan and Security Agreement (Indie Semiconductor, Inc.)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for the merger or consolidation of one or more Subsidiaries of Borrower with or into Borrower or the merger or consolidation of two or more Subsidiaries of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Verity Inc \De\)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson in a transaction, or enter into any or become bound to effect any Liquidation Event.

Appears in 1 contract

Samples: Loan and Security Agreement (Crossroads Systems Inc)

Mergers or Acquisitions. Merge or consolidate, ; or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, organization (other than any Affiliate of a Borrower; or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (other than any Affiliate of a Borrower).

Appears in 1 contract

Samples: Loan and Security Agreement (Safeguard Scientifics Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person; provided that a Subsidiary of Borrower may merge with and into Borrower, so long as Borrower is the surviving entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Novatel Wireless Inc)

Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other business organizationPerson, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or of property of another PersonPerson other than as permitted in the Loan Agreement.

Appears in 1 contract

Samples: Security Agreement (Sonic Solutions/Ca/)

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