Common use of Fundamental Changes Clause in Contracts

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 58 contracts

Samples: Credit Agreement (Tilly's, Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Citi Trends Inc)

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Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 10 contracts

Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Education, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 8 contracts

Samples: Credit Agreement (Foot Locker, Inc.), Credit Agreement (Lumber Liquidators Holdings, Inc.), Credit Agreement (Sears Hometown & Outlet Stores, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, Person (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to to, or immediately after giving effect to to, any action described below or would result therefrom:

Appears in 6 contracts

Samples: Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Tops Markets Ii Corp), Credit Agreement (Rue21, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing) (including, in each case, pursuant to a Division), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 6 contracts

Samples: Credit Agreement (Kirkland's, Inc), Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate or amalgamate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 5 contracts

Samples: Credit Agreement (Rh), Credit Agreement (Rh), Credit Agreement (Restoration Hardware Holdings Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another PersonPerson (including, (in each case, pursuant to a Division), or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.), Term Loan Credit Agreement (Barnes & Noble Education, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, Person (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to to, or immediately after giving effect to to, any action described below or would result therefrom:

Appears in 4 contracts

Samples: Credit Agreement (Cost Plus Inc/Ca/), Credit Agreement (Rue21, Inc.), Credit Agreement (Cost Plus Inc/Ca/)

Fundamental Changes. Merge, dissolve, liquidate, liquidate or consolidate with or into another Person, Person (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Supervalu Inc), Term Loan Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)

Fundamental Changes. Merge, amalgamate, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to to, or immediately after giving effect to to, any action described below or would result therefrom:

Appears in 3 contracts

Samples: Credit Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Fundamental Changes. Merge, divide, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 3 contracts

Samples: Credit Agreement (Five Below, Inc), Credit Agreement (Five Below, Inc), Credit Agreement (Five Below, Inc)

Fundamental Changes. MergeMerge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with it, liquidate or dissolve, liquidateexcept, consolidate with or into another Person, (or agree to do any of if at the foregoing), except that, so long as time thereof and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefromcontinuing, the following:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, amalgamate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 2 contracts

Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)

Fundamental Changes. Merge, dissolve, divide, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 2 contracts

Samples: Credit Agreement (Christopher & Banks Corp), Credit Agreement (Christopher & Banks Corp)

Fundamental Changes. Merge, dissolveDissolve, liquidate, merge, amalgamate or consolidate with or into another any other Person, (or agree to do any of the foregoing), except that, so long as if at the time thereof and immediately after giving effect thereto, no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefromcontinuing:

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Nn Inc), Term Loan Credit Agreement (Nn Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 2 contracts

Samples: Credit Agreement (Kid Brands, Inc), Credit Agreement (Tandy Brands Accessories Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, Person (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 2 contracts

Samples: Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Pacific Sunwear of California Inc)

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Fundamental Changes. Merge, dissolve, liquidate, amalgamate, consolidate with or into another Person, (or agree to do any of the foregoing) (including, in each case, pursuant to a Division), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 2 contracts

Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing); except, except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Nash Finch Co)

Fundamental Changes. Merge, dissolve, liquidate, or consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Fundamental Changes. Merge, dissolve, liquidate, liquidate or consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Term Loan Credit Agreement (Supervalu Inc)

Fundamental Changes. Merge, dissolve, liquidate, divide, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (KOHLS Corp)

Fundamental Changes. Merge, amalgamate, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Hancock Fabrics Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (including, in each case, pursuant to a Division) (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Torrid Holdings Inc.)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Cache Inc)

Fundamental Changes. Merge, dissolve, liquidate, or consolidate with or into another Person, (or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

Fundamental Changes. Merge, dissolve, liquidate, consolidate with or into another Person, (including, in each case, pursuant to a Division), or agree to do any of the foregoing), except that, so long as no Default or Event of Default shall have occurred and be continuing prior to or immediately after giving effect to any action described below or would result therefrom:

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Education, Inc.)

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