Examples of Speed Merger in a sentence
All representations and warranties made by Borrower or Speed Merger Sub in the Speed Acquisition Documents and in the certificates delivered in connection therewith are true and correct in all material respects.
Use the proceeds of the Advances for any purpose other than (a) on the Seventh Amendment Closing Date, (i) to finance the Speed Merger in an amount not to exceed $25,000,000 and (ii) to pay transactional fees, costs, and expenses incurred in connection with the Seventh Amendment, the Speed Merger and the transactions contemplated hereby and thereby, and (b) otherwise, consistent with the terms and conditions hereof, for its lawful and permitted purposes.
To Borrower's knowledge, none of the representations or warranties of Speed Target or any of the SFC Equityholders in the Speed Merger Documents contain any untrue statement of a material fact or omit any fact necessary to make the statements therein not misleading, in any case that could reasonably be expected to result in a Material Adverse Change.
None of Borrower, Speed Merger Sub nor Speed Target is in default in the performance or compliance with any provisions thereof.
The execution, delivery and performance of each of the Speed Merger Documents has been duly authorized by all necessary action on the part of Borrower, Speed Merger Sub and Speed Target.
Subject to the satisfaction of the conditions set forth in Section 6 below and in reliance upon the representations and warranties of Borrower set forth in Section 7 below, Agent and Lenders hereby consent to the consummation of the Speed Merger pursuant to the terms of the Speed Merger Agreement.