Common use of Prohibition of Fundamental Changes Clause in Contracts

Prohibition of Fundamental Changes. Neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (Cityscape Financial Corp), Loan and Security Agreement (Cityscape Financial Corp), Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

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Prohibition of Fundamental Changes. Neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamationamalgamation (other than among Affiliates), or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assetsassets (other than to Affiliates), without the prior written consent of the LenderLender (determined in good faith).

Appears in 1 contract

Samples: Warehouse and Security Agreement (CNL American Properties Fund Inc)

Prohibition of Fundamental Changes. Neither Without the Lender's prior written consent, neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Chastain Capital Corp)

Prohibition of Fundamental Changes. Neither the Borrower nor any ---------------------------------- of its Subsidiaries shall (i) enter into any transaction of merger or consolidation or amalgamation, or (ii) liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or (iii) sell all or substantially all of its assetsassets (other than mortgage loans), without the prior written consent of the Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (National Mortgage Corp)

Prohibition of Fundamental Changes. Neither Each of the Borrower nor any of its Subsidiaries Borrowers shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Credit Agreement (Anthracite Capital Inc)

Prohibition of Fundamental Changes. Neither the No Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lenderassets other than a Permitted Consolidation.

Appears in 1 contract

Samples: Credit Agreement (Affordable Residential Communities Inc)

Prohibition of Fundamental Changes. Neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or -115- 121 suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

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Prohibition of Fundamental Changes. Neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Prohibition of Fundamental Changes. Neither the Borrower nor ---------------------------------- any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamationamalgamation (other than between the Borrower with one of its wholly-owned Subsidiaries (so long as the Borrower is the surviving entity), or between Subsidiaries), or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: And Security Agreement (Imperial Credit Commercial Mortgage Investment Corp)

Prohibition of Fundamental Changes. Neither the Borrower nor any of its Subsidiaries shall enter into any transaction of merger or consolidation or amalgamation, or similar transaction or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (BNC Mortgage Inc)

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