No Change Of Name, Merger, Etc. The BORROWER shall not change its name or enter into any merger, consolidation, reorganization or recapitalization.
No Change Of Name, Merger, Etc. The BORROWER shall not change its name or enter into any merger, consolidation, or reorganization, other than the following mergers, provided that the BORROWER is the sole surviving entity thereof: (a) mergers between the BORROWER and its SUBSIDIARIES; and (b) mergers in connection with acquisitions by the BORROWER which are otherwise permitted by Section 6.7 of this AGREEMENT.
No Change Of Name, Merger, Etc. The Borrower shall not change its name unless it shall have given the Lender not less than thirty (30) days prior written notice thereof and shall have executed, delivered and, where applicable caused to be filed for recording such documents as the Lender may reasonably require to preserve the perfection and priority of the Lender’s security interest in the Collateral. The Borrower shall not enter into any merger or consolidation provided that (a) Martek Biosciences Corporation may merge or consolidate with Martek Biosciences Boulder Corporation, (b) a Subsidiary may merge into or consolidate with the Borrower if the Borrower is the surviving entity, and (c) the Borrower may merge into or consolidate with another person if the Borrower is the surviving entity and, as of the time of such merger (immediately before giving effect thereto), an acquisition by the Borrower of substantially all of the assets or stock of such person could have been made in compliance with the provisions of Section 6.8(b) hereof, and no Default or Event of Default shall have occurred and be continuing at the time of thereof after giving effect thereto.
No Change Of Name, Merger, Etc. None of the BORROWERS shall change its name or enter into any merger, consolidation, reorganization or recapitalization; provided, however, that: (a) any BORROWER may change its name provided the AGENT receives written notice of such name change, together with copies of the amendments to such BORROWER’S charter changing the name, within ten (10) days after any such name change; and (b) any of the BORROWERS may be merged or consolidated with or into another BORROWER provided the BORROWERS deliver written notice of such merger or consolidation to the AGENT.
No Change Of Name, Merger, Etc. None of the BORROWERS shall change its name or enter into any merger, consolidation, reorganization or recapitalization.
No Change Of Name, Merger, Etc. The GUARANTOR shall not change its name or enter into any merger, consolidation, reorganization or recapitalization.
No Change Of Name, Merger, Etc. None of the GUARANTORS shall change its respective name or enter into any mergers, consolidations, reorganizations or recapitalizations, except for mergers in which: (a) the applicable GUARANTOR is the sole surviving entity and the mergers contemplated in Section 2.1.1.f of the LOAN AGREEMENT; (b) the transaction involves a company or companies in the same line of business as presently conducted by the applicable GUARANTOR; (c) any assets acquired by the applicable GUARANTOR become subject to the LENDER'S liens in a first priority lien position and are not subject to any liens other than PERMITTED LIENS and the LENDER'S liens; and (d) no DEFAULT or EVENT OF DEFAULT or MATERIAL ADVERSE EVENT occurs or is, in the opinion of the LENDER, likely to occur as a result thereof.
No Change Of Name, Merger, Etc. Borrower shall not change its name, dissolve, merge, or consolidate with any other Person.
No Change Of Name, Merger, Etc. Neither of the BORROWERS shall change its name or enter into any merger, consolidation, reorganization or recapitalization, except as contemplated by the provisions of Section 2.1.1.f of this AGREEMENT.
No Change Of Name, Merger, Etc. The BORROWER shall not change its name or enter into any merger, consolidation, reorganization or recapitalization without the consent of the LENDER, which consent shall not be unreasonably withheld, provided, however, that the BORROWER may in connection with PERMITTED ACQUISITIONS, without the LENDER’S consent, issue shares of its capital stock at not less than seventy-five percent (75%) of the then-current market price therefor.
