Common use of Mergers, Acquisitions, Sales, etc Clause in Contracts

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 23 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

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Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, other than in compliance with the terms hereof, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 17 contracts

Samples: Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.), Credit Agreement (Regional Management Corp.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with Section 4.1(u)(iii) or (v)) or the Transaction Documents)Sale Agreement.

Appears in 10 contracts

Samples: Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Palmer Square Capital BDC Inc.), Loan and Security Agreement (Crescent Capital BDC, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with Section 4.1(u)(iii)) or the Transaction Documents)Sale Agreement.

Appears in 8 contracts

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp), Loan and Security Agreement (Oaktree Specialty Lending Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, Division Transaction, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to this Agreement, the Sale Agreement and in accordance with the Transaction Documentsany Third Party Sale Agreement).

Appears in 7 contracts

Samples: And Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), And Investment Management Agreement (Investcorp Credit Management BDC, Inc.), And Investment Management Agreement (Investcorp US Institutional Private Credit Fund)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).. (e)

Appears in 6 contracts

Samples: Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc), Loan Agreement (Lithia Motors Inc)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any division, merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, ContractsContract, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 6 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Loan or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 5 contracts

Samples: Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian III BDC, L.L.C.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Loan or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, divide, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).

Appears in 5 contracts

Samples: Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp), Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or assets, any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (in each case other than as expressly permitted pursuant to and in accordance with the Transaction DocumentsDocuments or in the ordinary course of business).

Appears in 4 contracts

Samples: Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.), Credit Agreement (CLST Holdings, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 4 contracts

Samples: Warehouse Agreement (Vroom, Inc.), Warehouse Agreement (Vroom, Inc.), Warehouse Agreement (Vroom, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, orother than any REO Affiliate or in connection with the exercise of remedies in connection with a Loan, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement or to the Transaction DocumentsSale Agreement).

Appears in 3 contracts

Samples: Secured Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Secured Loan and Servicing Agreement (NewStar Financial, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, ContractsContract, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 3 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other PersonPerson or in connection with the exercise of remedies in connection with a Loan, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 3 contracts

Samples: Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.), Loan and Servicing Agreement (NewStar Financial, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other PersonPerson other than any REO Affiliate, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as expressly permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 3 contracts

Samples: Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.), Revolving Credit Agreement (NewStar Financial, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (AGTB Private BDC), Sale and Servicing Agreement (Ares Capital Corp), Sale and Servicing Agreement (Ares Capital Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Loan or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement or the Master Participation Agreement).

Appears in 3 contracts

Samples: Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (NMF SLF I, Inc.), Loan and Security Agreement (NMF SLF I, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement, the Transaction DocumentsSale Agreement or any Third Party Sale Agreement).

Appears in 3 contracts

Samples: Loan and Security Agreement (FS KKR Capital Corp), Loan and Security Agreement (KKR FS Income Trust), Loan and Security Agreement (FS Investment Corp IV)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other PersonPerson (excluding receipt of Equity Securities in the ordinary course of collection of a debt previously contracted in good faith), or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with Section 4.1(u)(iii)) or the Transaction Documents)Sale Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.), Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Portfolio Asset or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 2 contracts

Samples: Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.), Loan and Security Agreement (New Mountain Guardian IV BDC, L.L.C.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents)therein.

Appears in 2 contracts

Samples: Loan and Security Agreement (Americredit Corp), Loan and Security Agreement (Americredit Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not divide or be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to this Agreement (including the Permitted Merger and as provided in accordance with the Transaction DocumentsSection 4.1(u)(iii)).

Appears in 2 contracts

Samples: Loan and Security Agreement (Nuveen Churchill Direct Lending Corp.), Loan and Security Agreement (Nuveen Churchill BDC INC.)

Mergers, Acquisitions, Sales, etc. The Borrower will In the case of the Borrower, it shall not be a party to any merger or consolidation, undertake any division of its rights, assets, obligations, or liabilities pursuant to a plan of division or otherwise pursuant to applicable law, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents)Receivables.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Newell Brands Inc.), Loan and Servicing Agreement (Newell Brands Inc)

Mergers, Acquisitions, Sales, etc. The Borrower will In the case of the Borrower, it shall not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents)Receivables.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Newell Brands Inc), Loan and Servicing Agreement (Newell Rubbermaid Inc)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to this Agreement, and in accordance other than with the Transaction Documentsrespect to any REO Asset).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (North Haven Private Income Fund LLC), Loan and Servicing Agreement (North Haven Private Income Fund LLC)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein Person (other than pursuant to and as permitted hereunder, under the Sale Agreement or in accordance connection with the Transaction Documentsa workout or restructuring).

Appears in 2 contracts

Samples: Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.), Loan and Security Agreement (Cim Real Estate Finance Trust, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral Contracts or any interest therein (other than pursuant to and in accordance with this Agreement or to the Transaction DocumentsPurchase Agreement).

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other PersonPerson (other than through the exercise of remedies against an Obligor), or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement, including, for the Transaction Documentsavoidance of doubt, pursuant to the Master Participation Agreement).

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp), Loan and Servicing Agreement (Business Development Corp of America)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with this Agreement, the Transaction DocumentsSale Agreement or Closing Date Participation Agreement).

Appears in 1 contract

Samples: And Collateral Management Agreement (First Eagle Credit Opportunities Fund)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of any class of, or any partnership or joint venture interest in, the equity interests any other Person, or, or sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than SPVs or as otherwise permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with the Transaction DocumentsSection 4.1(u)(iii)) or any Sale Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (OFS Capital, LLC)

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Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 1 contract

Samples: Warehouse Agreement (Flagship Credit Corp.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with Section 4.1(u)(iii) ) or the Transaction Documents)Sale Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Oaktree Specialty Lending Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other PersonPerson (excluding receipt of Equity Securities in the ordinary course of collection of a debt previously contracted in good faith), or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and this Agreement (including as provided in accordance with the Transaction DocumentsSection 4.1(u)(iii)).

Appears in 1 contract

Samples: Loan and Security Agreement (Kayne Anderson BDC, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, other than in compliance with the terms hereof, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).. (f)

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfertransfer (including by dividing into more than one limited liability company), convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, ContractsContract, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, other than in compliance with the terms hereof, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with 103 LEGAL02/42338653v2 or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 1 contract

Samples: Credit Agreement (Regional Management Corp.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Loan or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of any class of, or any partnership or joint venture interest in, the equity interests of any other Person, or, or sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than in connection with the SPV Merger or as otherwise permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of the equity interests of any class ofother Person (other than in connection with the enforcement or collection of any Loan or as a result of a workout or restructuring of an Obligor), or any partnership or joint venture interest in, any other Person, or, sell, transfer, divide, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).. (e)

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, ContractsCertificates, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 1 contract

Samples: Certificate Funding Agreement (Credit Acceptance Corporation)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as expressly permitted pursuant to and in accordance with this Agreement or the Transaction DocumentsSale Agreement), without the prior written consent of the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sparta Commercial Services, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).

Appears in 1 contract

Samples: Credit Agreement (Golub Capital BDC, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, except as provided in the Transaction Documents, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents)therein.

Appears in 1 contract

Samples: Credit Agreement (Santander Holdings USA, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).. 21894287.12

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as permitted pursuant to this Agreement, the Sale Agreement or any Third Party Sale Agreement). [FS Investment] Loan and in accordance with the Transaction Documents).Security Agreement

Appears in 1 contract

Samples: Loan and Security Agreement (FS KKR Capital Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock or membership interests of any class of, or any partnership or joint venture interest in, any other Person, or, other than in compliance with the terms hereof, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with 103 or without recourse any Loan, Contracts, Related Security or other portion of the Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documentshereto).

Appears in 1 contract

Samples: Credit Agreement (Regional Management Corp.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock all or substantially all of any class of, or any partnership or joint venture interest in, the equity interests of any other Person, or, or sell, transfer, convey or lease all or any substantial part substantially all of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (other than as otherwise permitted pursuant to and in accordance with the Transaction Documentsthis Agreement).

Appears in 1 contract

Samples: Loan and Security Agreement (New Mountain Finance Corp)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all any of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, or sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, Contracts, Related Security or other Collateral or any interest therein (therein, other than as permitted or required pursuant to and in accordance with this Agreement or the Transaction Documents)Sale Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (NewStar Financial, Inc.)

Mergers, Acquisitions, Sales, etc. The Borrower will not be a party to any merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person, or, sell, transfer, convey or lease all or any substantial part of its assets, or sell or assign with or without recourse any Loan, ‑ 64 ‑ Contracts, Related Security or other Collateral or any interest therein (other than pursuant to and in accordance with the Transaction Documents).

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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