Common use of Restrictions on Fundamental Changes Clause in Contracts

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 63 contracts

Samples: Loan and Security Agreement (Scheib Earl Inc), Term Loan and Security Agreement (Techprecision Corp), Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.)

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Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 24 contracts

Samples: Loan and Security Agreement (Areawide Cellular Inc), Loan and Security Agreement (Allied Healthcare Products Inc), Loan and Security Agreement (Silicon Storage Technology Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 13 contracts

Samples: Credit Agreement (Sumtotal Systems Inc), Credit Agreement (Servicesource International LLC), Credit Agreement (Monotype Imaging Holdings Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.;

Appears in 12 contracts

Samples: Dip Credit Agreement (Foothills Resources Inc), Loan and Security Agreement (Lazy Days R.V. Center, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 7 contracts

Samples: Loan and Security Agreement (Garden Botanika Inc), Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (Usci Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock other than (i) to consummate a Permitted Acquisition and (ii) mergers between Borrower and any of its Subsidiaries, provided that Borrower is the surviving entity of such merger and remains an entity organized under the laws of a state within the United States.

Appears in 7 contracts

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

Restrictions on Fundamental Changes. (a) Enter Other than a Permitted Merger, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 6 contracts

Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)

Restrictions on Fundamental Changes. (a) Enter into Effect any merger, consolidation, reorganization, or recapitalization, or reclassify its outstanding Stock.

Appears in 5 contracts

Samples: Loan and Security Agreement (Midway Games Inc), Loan and Security Agreement (Midway Games Inc), Unsecured Loan Agreement (Midway Games Inc)

Restrictions on Fundamental Changes. (ai) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 4 contracts

Samples: Security Agreement (Global Digital Solutions Inc), Global Digital Solutions Inc, Global Digital Solutions Inc

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 4 contracts

Samples: Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp), Loan and Security Agreement (Network Plus Corp)

Restrictions on Fundamental Changes. (a) Enter Other than as a result of a Permitted Merger or in order to consummate a Permitted Acquisition, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 3 contracts

Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Take Two Interactive Software Inc)

Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Acquisition, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 3 contracts

Samples: Credit Agreement (Baseline Oil & Gas Corp.), Credit Agreement (Alaska Air Group Inc), Credit Agreement (Alaska Air Group Inc)

Restrictions on Fundamental Changes. (a) Enter Except for the Merger, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 2 contracts

Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock or otherwise change Borrower's type of organization, jurisdiction of organization or other legal or corporate structure.

Appears in 2 contracts

Samples: Loan and Security Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Harvey Electronics Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.; provided, however, that Parent may reorganize its tissue and products lines into separate lines of business,

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Restrictions on Fundamental Changes. (a) Enter Except for Permitted Transactions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 2 contracts

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

Restrictions on Fundamental Changes. (a) Enter Except for the consummation of Permitted Acquisitions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (Big Dog Holdings Inc), And Consolidated Loan and Security Agreement (Big Dog Holdings Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, or reorganization, or recapitalizationor, or except for the Parent, reclassify its Stock.

Appears in 2 contracts

Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)

Restrictions on Fundamental Changes. (a) Enter into Consummate any merger, consolidation, amalgamation, reorganization, or recapitalization, or reclassify reclassification of its Stock.;

Appears in 2 contracts

Samples: Dip Credit Agreement (Storm Cat Energy CORP), Credit Agreement (Storm Cat Energy CORP)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, reorganization or recapitalization, recapitalization or reclassify its Stock.;

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, reorganization or recapitalization, recapitalization or reclassify reclassification of its StockShares.

Appears in 1 contract

Samples: Loan Agreement (Abraxas Petroleum Corp)

Restrictions on Fundamental Changes. (a) Enter Other than Permitted Mergers, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 1 contract

Samples: Credit Agreement (Trizetto Group Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except that a Borrower may merge with and into another Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Kroll Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock with the exception of the Holding Company Reorganization.

Appears in 1 contract

Samples: Loan Agreement (CTC Communications Corp)

Restrictions on Fundamental Changes. (a) Enter Merge, consolidate or amalgamate with any Person, enter into any merger, consolidation, reorganization, or recapitalization, reorganization or reclassify its Stock., (or agree to do any of the foregoing),

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, amalgamation, consolidation, reorganization, plan of arrangement, or recapitalization, or reclassify its Stock.,

Appears in 1 contract

Samples: Credit Agreement (Dialogic Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalizationrecapitalization (other than stock splits or reverse stock splits), or reclassify its Stockcapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution).

Appears in 1 contract

Samples: Loan and Security Agreement (Todays Man Inc)

Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Transaction, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.;

Appears in 1 contract

Samples: Credit Agreement (Utstarcom Inc)

Restrictions on Fundamental Changes. (a) Enter Except for Permitted Acquisitions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.. 106

Appears in 1 contract

Samples: Loan and Security Agreement (Friede Goldman Halter Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, reorganization or recapitalization, recapitalization or reclassify its Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Abraxas Petroleum Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock or otherwise change Borrower’s type of organization, jurisdiction of organization or other legal or corporate structure.

Appears in 1 contract

Samples: Loan Agreement (American Greetings Corp)

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Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., (b) liquidate, wind up, or dissolve itself or (c) suspend or go out of a substantial portion of its business. Section 7.8

Appears in 1 contract

Samples: Loan and Security Agreement (Nicholas Financial Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, amalgamation, reorganization, or recapitalization, or reclassify its Stock.;

Appears in 1 contract

Samples: Credit Agreement (Angiotech Pharmaceuticals Inc)

Restrictions on Fundamental Changes. (a) Enter into any Acquisition, merger, consolidation, reorganization, or recapitalization, or reclassify its Capital Stock., or sell, lease, convey or transfer all or substantially all of its assets unless:

Appears in 1 contract

Samples: Loan and Security Agreement (Mikohn Gaming Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., except for (i) a Permitted C-Corp Conversion, or (ii) a Permitted Reorganization Transaction,

Appears in 1 contract

Samples: Credit Agreement (Oasis Interval Ownership, LLC)

Restrictions on Fundamental Changes. (a) Enter Other than Permitted Investments, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercator Software Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, or make any material change that is adverse to Lender to any of its Governing Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Fortegra Financial Corp)

Restrictions on Fundamental Changes. (a) (1) Enter into any merger, consolidation, amalgamation, reorganization, or recapitalization, or reclassify its Stock.Stock or (2) liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), except that:

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Exide Technologies)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.,

Appears in 1 contract

Samples: Credit Agreement (Sanfilippo John B & Son Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution).

Appears in 1 contract

Samples: Guaranty and Security Agreement (Midas Inc)

Restrictions on Fundamental Changes. (a) 11.4.1. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockstock or membership interests.

Appears in 1 contract

Samples: Loan and Security Agreement (Energy Focus, Inc/De)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Capital Stock.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Peninsula Gaming, LLC)

Restrictions on Fundamental Changes. (a) Enter Other than Permitted Reorganization Transactions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Capital Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (GXS Corp)

Restrictions on Fundamental Changes. (a) Enter Except for Permitted Transactions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital Stock.

Appears in 1 contract

Samples: Security Agreement (Microstrategy Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidationmerger or consolidation (other than a Permitted Acquisition), reorganization, or recapitalization, or reclassify its Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (I Link Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock.; provided, however, upon prior written notice to Agent:

Appears in 1 contract

Samples: Credit Agreement (Youbet Com Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except to the extent permitted by the terms of Section 7.11.

Appears in 1 contract

Samples: Credit Agreement (ECA Marcellus Trust I)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock except as permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., other than a merger or consolidation (i) between Borrowers, (ii) between Guarantors or (iii) between a Borrower and a Guarantor where the Borrower is the surviving Person;

Appears in 1 contract

Samples: Credit Agreement (TRC Companies Inc /De/)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, amalgamations or recapitalization, or reclassify its Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Outsourcing Services Group Inc)

Restrictions on Fundamental Changes. (a) Enter Other than as permitted by Section 7.21, enter into any merger, ------------ consolidation, reorganization, or recapitalization, or reclassify its Stock.

Appears in 1 contract

Samples: Loan and Security Agreement (Hologic Inc)

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