MERGE OR CONSOLIDATE definition

MERGE OR CONSOLIDATE. Not liquidate or dissolve, merge or consolidate with or into, or acquire any other business organization.
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MERGE OR CONSOLIDATE. Not liquidate or dissolve, merge or consolidate with or into, or acquire any other business organization, provided however, that this Section 6.4 shall not apply to transactions in which Borrower is the surviving entity.
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MERGE OR CONSOLIDATE. Not liquidate or dissolve, merge or consolidate with or into, or acquire any other business organization; provided however, that this Section 6.4 shall not apply to transactions in which Borrower is the surviving entity, and provided further, that Borrower may make business acquisitions of up to $4,000,000.00 in the aggregate.
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Examples of MERGE OR CONSOLIDATE in a sentence

  • THE ISSUER IS PERMITTED BY THE INDENTURE, UNDER CERTAIN CIRCUMSTANCES, TO MERGE OR CONSOLIDATE, SUBJECT TO THE RIGHTS OF THE INDENTURE TRUSTEE AND THE HOLDERS OF NOTES UNDER THE INDENTURE.

  • PROCEDURE UPON RESOLUTION OF BOARD OF DIRECTORS TO MERGE OR CONSOLIDATE In a manner determined by the BOARD that is consistent with this BYLAW, the COOPERATIVE may consolidate or merge with any other entity ("Consolidate or Merge").

  • PURSUANT TO AN AGREEMENT OF MERGER OR CONSOLIDATION, THE TRUST, OR ANY ONE OR MORE SERIES OR CLASSES, MAY, BY ACT OF A MAJORITY OF THE BOARD OF TRUSTEES, MERGE OR CONSOLIDATE WITH OR INTO ONE OR MORE STATUTORY TRUSTS OR OTHER BUSINESS ENTITIES FORMED OR ORGANIZED OR EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE OR ANY OTHER STATE OR THE UNITED STATES OR ANY FOREIGN COUNTRY OR OTHER FOREIGN JURISDICTION.

  • NJ authorized corporations may not use the Business Change/Amendment Form to DISSOLVE, CANCEL, WITHDRAW, MERGE OR CONSOLIDATE.

  • APPLICATIONS TO SELL, LEASE, OR ENCUMBER PUBLIC UTILITY, WATER, OR MOTOR CARRIER PROPERTY OR RIGHTS; TO MERGE OR CONSOLIDATE FACILITIES; OR TO ACQUIRE STOCK OF ANOTHER PUBLIC UTILITY, WATER CARRIER, OR OTHER REGULATED COMPANY SUBJECT TO COMMISSION JURISDICTION §16-601-105 Contents.

  • RIGHT TO AMEND, MERGE OR CONSOLIDATE 124ICUBA reserves the right to merge or consolidate the Plan, and to make any amendment or amendments to the Plan periodically, including those which are retroactive in effect.

  • LFC SHALL NOT WIND UP, LIQUIDATE OR DISSOLVE ITSELF, REORGANIZE, MERGE OR CONSOLIDATE WITH OR INTO, OR CONVEY, SELL, ASSIGN, TRANSFER, LEASE OR OTHERWISE DISPOSE OF (WHETHER IN ONE TRANSACTION OR IN A SERIES OF TRANSACTIONS) ALL OR SUBSTANTIALLY ALL OF ITS ASSETS (WHETHER NOW OWNED OR HEREAFTER ACQUIRED) TO ANY PERSON, OR ACQUIRE ALL OR A SUBSTANTIAL PORTION OF THE ASSETS OR THE BUSINESS OF ANY PERSON, EXCEPT FOR PURCHASES OF INVENTORY AND EQUIPMENT IN THE ORDINARY COURSE OF BUSINESS.

  • Tracheal intubation inhibits the cough reflex, affects mucociliary clearance, provides directaccess for bacteria from the upper to the lower respiratory system, and allows for the formation of biofilm, which can subsequently be a source of persistent infection [7].Biofilms are increasingly becoming an area of focus secondary to their roles in chronic or persistent infections often resistant to standard antibiotic therapy [8].

Related to MERGE OR CONSOLIDATE

  • Consolidate means that a state may meet statutory and regulatory re- quirements by combining two or more plans into one document and that the state can select the format, submission date, and planning period for the con- solidated plan.

  • Convey means to sell, transfer, assign, contribute or otherwise convey assets hereunder.

  • Transfer Assets means the assets of the Company which the WFOE or its designated entity or individual is entitled to purchase from the Company at the request of the WFOE upon its exercise of the Assets Call Option in accordance with Section 3 hereof, the amount of which may be all or part of the assets of the Company and shall be determined by the WFOE at its sole discretion in accordance with the then effective PRC Law and its commercial needs.

  • Consolidation means the consolidation of the accounts of each of the Restricted Subsidiaries with those of the Company in accordance with GAAP; provided that “Consolidation” will not include consolidation of the accounts of any Unrestricted Subsidiary, but the interest of the Company or any Restricted Subsidiary in any Unrestricted Subsidiary will be accounted for as an investment. The term “Consolidated” has a correlative meaning.

  • Consolidation Loan means a Loan made pursuant to and in full compliance with Section 428C of the Higher Education Act.

  • Total Consolidated Assets means, as of any date, the total assets appearing on the most recently prepared consolidated balance sheet of the Borrower and its Restricted Subsidiaries as of the end of the most recent fiscal quarter of the Borrower and its Restricted Subsidiaries for which such balance sheet has been provided in accordance with Section 4.01(xvii) or Section 6.01(a) or (b) (as applicable), prepared in accordance with GAAP.

  • Amalgamation means the amalgamation of the Amalgamating Corporations as contemplated in this Agreement;

  • Other Assets means any assets (or interests therein) (other than the Trust Estate) conveyed or purported to be conveyed by the Seller to another Person or Persons other than the Issuer, whether by way of a sale, capital contribution or by virtue of the granting of a lien.

  • Permitted Sale Leaseback means any Sale Leaseback consummated by the Borrower or any of the Restricted Subsidiaries after the Original Closing Date, provided that any such Sale Leaseback not between (a) a Credit Party and another Credit Party or (b) a Restricted Subsidiary that is not a Credit Party to another Restricted Subsidiary that is not a Credit Party is consummated for fair value as determined at the time of consummation in good faith by (i) the Borrower or such Restricted Subsidiary and, in the case of any Sale Leaseback (or series of related Sales Leasebacks) the aggregate proceeds of which exceed $100,000,000, (ii) the board of directors of the Borrower or such Restricted Subsidiary (which such determination may take into account any retained interest or other Investment of the Borrower or such Restricted Subsidiary in connection with, and any other material economic terms of, such Sale Leaseback).

  • Sale and Leaseback means, with respect to any Person, the sale of Property owned by that Person (the “Seller”) to another Person (the “Buyer”), together with the substantially concurrent leasing of such Property by the Buyer to the Seller.

  • Combination of vehicles means a truck or truck tractor and

  • Amalgamating Corporations means both of them;

  • Dispose of has the meaning ascribed to that expression by section 21F(8) of the Control Act. AS WITNESS the execution of this Agreement by or on behalf of the parties hereto the day and year first hereinbefore written. SIGNED by THE HONOURABLE XXXXXX XXXX XXXXX X.X. X.X.X. for and on behalf of the State of Western Australia in the presence of: P. A. XXXXX.

  • Amalgamation Agreement means the Amalgamation Agreement dated as of June 26, 2020 among Cybin, Clarmin and Subco relating to the Amalgamation, as amended on October 21, 2020, a copy of which is available under the Company’s profile on the SEDAR website at www.sedar.com.

  • Wholly-Owned Consolidated Subsidiary means any Consolidated Subsidiary all of the shares of capital stock or other ownership interests of which (except directors' qualifying shares) are at the time directly or indirectly owned by the Borrower.

  • Permitted Sale and Leaseback Transaction has the meaning provided in Section 3.02(b).

  • Merger has the meaning set forth in the Recitals.

  • Permitted Restricted Payments means any of the following Restricted Payments made by:

  • Follow-On Investment means an additional investment in the same issuer, including, but not limited to, through the exercise of warrants, conversion privileges or other rights to purchase securities of the issuer.

  • Permitted Payments to Parent means, without duplication as to amounts:

  • Sale Leaseback means any transaction or series of related transactions pursuant to which the Borrower or any of the Restricted Subsidiaries (a) sells, transfers or otherwise disposes of any property, real or personal, whether now owned or hereafter acquired, and (b) as part of such transaction, thereafter rents or leases such property or other property that it intends to use for substantially the same purpose or purposes as the property being sold, transferred or disposed.

  • Permitted Sale-Leaseback Transactions means any sale or transfer by the Company or any of its Restricted Subsidiaries of any Principal Property owned by the Company or any of its Restricted Subsidiaries with the intention of taking back a lease thereof; provided, however, that “Permitted Sale-Leaseback Transactions” shall not include any such transaction involving machinery and/or equipment (excluding any lease for a temporary period of not more than thirty-six months with the intent that the use of the subject machinery and/or equipment will be discontinued at or before the expiration of such period) relating to facilities (a) in full operation for more than 180 days as of the date of this Supplemental Indenture and (b) that are material to the business of the Company and its Subsidiaries, taken as a whole, to the extent that the aggregate Attributable Value of the machinery and/or equipment from time to time involved in such transactions (giving effect to payment in full under any such transaction and excluding the Applied Amounts, as defined in the following sentence), plus the amount of obligations and Indebtedness from time to time secured by Liens incurred under Section 6.1(18), exceeds the greater of (i) $1,000 million and (ii) 15.0% of Net Worth as determined at the time of, and immediately after giving effect to, the incurrence of such transactions based on the balance sheet for the end of the most recent quarter for which financial statements are available (such greater amount, the “Applicable Threshold”). For purposes of this definition, “Applied Amounts” means an amount (which may be conclusively determined by the Board of Directors of the Company) equal to the greater of (i) capitalized rent with respect to the applicable machinery and/or equipment and (ii) the fair value of the applicable machinery and/or equipment, that is applied within 180 days of the applicable transaction or transactions to repayment of the Notes or to the repayment of any indebtedness for borrowed money which, in accordance with GAAP, is classified as long-term debt and that is on parity with the Notes.

  • Permitted Existing Investments means the Investments of the Borrower and its Subsidiaries identified as such on Schedule 1.1.2 to this Agreement.

  • Assets includes present and future properties, revenues and rights of every description;

  • Permitted Sale-Leaseback Transaction means any Sale Lease-Back Transaction by the Company or any of its Subsidiaries, provided that (i) the proceeds of the respective Sale Lease-Back Transaction shall be entirely cash and in an amount at least equal to 95% of the aggregate amount expended by the Company or such Subsidiary in acquiring such asset (or, if not then acquired, 95% of the Fair Market Value of the Property subject to such Sale-Leaseback Transaction) and (ii) the respective transaction is otherwise effected in accordance with the applicable requirements of Section 6.10.

  • Substantially all means a sale, lease, exchange or other transfer involving seventy percent (70%) or more of the fair market value of the assets of such entity; or