Common use of Mergers or Acquisitions Clause in Contracts

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 29 contracts

Samples: Loan and Security Agreement (Amyris, Inc.), Loan and Security Agreement (Quanterix Corp), Loan and Security Agreement (Plug Power Inc)

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Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 18 contracts

Samples: Loan and Security Agreement (Acelrx Pharmaceuticals Inc), Loan and Security Agreement (BioAmber Inc.), Loan and Security Agreement (Baxano Surgical, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, assets or property of another PersonPerson without the prior written consent of Lender.

Appears in 5 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or Borrower, (b) a Borrower into another Borrower), ) or (c) 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 and as permitted by Section 7.6.

Appears in 3 contracts

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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.

Appears in 3 contracts

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

Mergers or Acquisitions. No Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 the capital stock or property of a Subsidiary or a Borrower).

Appears in 2 contracts

Samples: Loan and Security Agreement (Glori Acquisition Corp.), Loan and Security Agreement (Glori Energy Inc.)

Mergers or Acquisitions. Except with respect to the New Financing, Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 2 contracts

Samples: Loan and Security Agreement (Zev Ventures Inc.), Loan and Security Agreement (Your Internet Defender, Inc)

Mergers or Acquisitions. No Borrower shall not merge or consolidateconsolidate (except with another Borrower), or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 2 contracts

Samples: Loan and Security Agreement (Insmed Inc), Loan and Security Agreement (INSMED Inc)

Mergers or Acquisitions. Other than Permitted Acquisitions, Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 2 contracts

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 Permitted Investments.

Appears in 2 contracts

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.), Loan and Security Agreement (Trulia, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 Permitted Acquisitions.

Appears in 2 contracts

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 prior written consent of the Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Genocea Biosciences, Inc.), Loan and Security Agreement (Genocea Biosciences, Inc.)

Mergers or Acquisitions. No Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into a Borrower or (b) a Borrower into another Borrower), 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, without the prior written consent of the Lender.

Appears in 2 contracts

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

Mergers or Acquisitions. Except in connection with a Permitted Investment, Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 2 contracts

Samples: Loan and Security Agreement (Coronado Biosciences Inc), Loan and Security Agreement (Adma Biologics, Inc.)

Mergers or Acquisitions. Except for Permitted Acquisitions, Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 (Celladon Corp)

Mergers or Acquisitions. Borrower shall not merge merge, amalgamate, or consolidate, or permit any of its Subsidiaries to merge merge, amalgamate, or consolidate, with or into any other business organization (other than mergers mergers, amalgamations, or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 (Celator Pharmaceuticals Inc)

Mergers or Acquisitions. Borrower shall not merge merger or consolidate, or permit any of its Subsidiaries to merge merger or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower, or the Merger (as defined in the definition of Merger Agreement above)), 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 (Arsanis, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 Permitted Acquisitions. 7.10

Appears in 1 contract

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries Subsidiary to merge or consolidate, with or into any other business organization person or entity (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (bin which Borrower is the surviving entity) a Borrower into another Borrower), or acquire, or permit any of its Subsidiaries Subsidiary to acquire, all or substantially all of the capital stock or property of another Personperson or entity.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Anesiva, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 Permitted Acquisitions).

Appears in 1 contract

Samples: Loan and Security Agreement (Celsion CORP)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another a Qualified Subsidiary or into Borrower or (b) a Borrower into another 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 (Mast Therapeutics, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, in each case, other than Permitted Investments or Permitted Transfers.

Appears in 1 contract

Samples: Loan and Security Agreement (NeurogesX Inc)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into a Borrower with such Borrower as the surviving entity or (b) a Borrower into another 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 (PARTS iD, Inc.)

Mergers or Acquisitions. Such Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 (Pacira Pharmaceuticals, Inc.)

Mergers or Acquisitions. Except for Permitted Acquisitions, Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or and (b) a Borrower Foreign Subsidiary into another BorrowerForeign Subsidiary), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. For the abundance of caution, Parent shall always remain the surviving entity.

Appears in 1 contract

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

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Mergers or Acquisitions. No Borrower shall not (a) merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or organization, (b) a Borrower into another 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 Permitted Investments, or (c) liquidate, wind of its affairs or dissolve itself, whether in a single transaction or in a series of related transactions.

Appears in 1 contract

Samples: Protective Advance Loan and Security Agreement (Kior Inc)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 prior written consent of Agent.

Appears in 1 contract

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 the capital stock or assets of a Subsidiary).

Appears in 1 contract

Samples: Loan and Security Agreement (Ocz Technology Group Inc)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which that is not a Borrower into another Subsidiary or into that is not a Borrower or (b) a Borrower any Subsidiary into another 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 Permitted Investments).

Appears in 1 contract

Samples: Loan and Security Agreement (Cell Therapeutics Inc)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 Permitted Investments. Borrower may dissolve any Subsidiary into the Subsidiary’s corporate parent.

Appears in 1 contract

Samples: Loan and Security Agreement (Cerulean Pharma Inc.)

Mergers or Acquisitions. Such Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 another Borrower).

Appears in 1 contract

Samples: Loan and Security Agreement (Cempra Holdings, LLC)

Mergers or Acquisitions. During the Term, and without the satisfaction of the Loan or the consent of the Lender, the Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 (KingsCrowd, Inc.)

Mergers or Acquisitions. Such Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another 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 by one Subsidiary of another).

Appears in 1 contract

Samples: Loan and Security Agreement (BIND Therapeutics, Inc)

Mergers or Acquisitions. Without prior consent of Lender which will not be unreasonably withheld, the Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower)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 (Odetics Inc)

Mergers or Acquisitions. No Borrower shall not merge or consolidate, or nor permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into a Borrower or (b) a Borrower into another Borrower), or acquire, or permit any of its Subsidiaries to acquire, in each case including for the avoidance of doubt through a merger, purchase, in-licensing arrangement or any similar transaction, all or substantially all of the capital stock or any property of another Person.

Appears in 1 contract

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

Mergers or Acquisitions. (a) Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (ai) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (bii) a Borrower into another Borrower), or (b) acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person.Person other than Permitted Investments. 7.10

Appears in 1 contract

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

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not (other than a Borrower Borrower) into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), or or, except in connection with transactions permitted under clause (xi) in the definition of Permitted Investments, 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 1 contract

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

Mergers or Acquisitions. No Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower the Company or (b) a Borrower into another Borrower), or and no Borrower shall acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than a Permitted Investment.

Appears in 1 contract

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

Mergers or Acquisitions. Except for Permitted Acquisitions, no Borrower shall not merge or consolidate, or permit any of each of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into a Borrower or (b) a Borrower into another Borrower), or acquire, or permit any of each 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 (RumbleON, Inc.)

Mergers or Acquisitions. Borrower shall not merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other business organization (other than mergers or consolidations of (a) a Subsidiary which is not a Borrower into another Subsidiary or into Borrower or (b) a Borrower into another Borrower), 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 the Secured Obligations are indefeasibly paid in full, pursuant to a prepayment in accordance with Section 2.4, concurrently with the closing of any merger, consolidation or other acquisition.

Appears in 1 contract

Samples: Loan and Security Agreement (Cleveland Biolabs Inc)

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