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

Mergers, Acquisitions, Sales, etc. The Seller will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, or sell or assign with or without recourse any Sale Portfolio or any interest therein (other than in the ordinary course of business or as permitted pursuant to this Agreement or the Transaction Documents).

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Fifth Street Finance Corp.), Purchase and Sale Agreement (Fifth Street Finance Corp), Purchase and Sale Agreement (Solar Capital Ltd.)

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Mergers, Acquisitions, Sales, etc. The Seller will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, or sell or assign with or without recourse any Sale Portfolio or any interest therein (other than in the ordinary course of business or as permitted pursuant to this Agreement or the Transaction DocumentsCollateral Management Agreement).

Appears in 4 contracts

Samples: Purchase and Sale Agreement (FS Investment Corp III), Purchase and Sale Agreement (FS Energy & Power Fund), Purchase and Sale Agreement (FS Investment Corp II)

Mergers, Acquisitions, Sales, etc. The Seller will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, or sell or assign with or without recourse any Sale Portfolio or any interest therein (other than in unless the ordinary course of business or as permitted pursuant to this Agreement or Seller is the Transaction Documents).surviving entity and unless:

Appears in 3 contracts

Samples: Sale and Contribution Agreement (Investcorp Credit Management BDC, Inc.), Purchase and Sale Agreement (Ares Capital Corp), Purchase and Sale Agreement (Ares Capital Corp)

Mergers, Acquisitions, Sales, etc. The Seller will not consolidate with or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Person, or sell or assign with or without recourse any Sale Portfolio or any interest therein (other than in the ordinary course of business or as permitted pursuant to this Agreement or the Transaction Documents).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Golub Capital Investment Corp), Purchase and Sale Agreement (Golub Capital BDC, Inc.)

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Mergers, Acquisitions, Sales, etc. The Seller will shall not merge or consolidate with another Person (except pursuant to a merger or merge into any other Person or convey or transfer its properties and assets substantially as an entirety to any Personconsolidation involving the Seller where the Seller is the surviving corporation), or sell convey, transfer, lease or assign with otherwise dispose of (whether in one or without recourse any Sale Portfolio in a series of transactions), all or any interest therein substantially all of its assets (whether now owned or hereafter acquired), other than in the ordinary course of business or as permitted pursuant to this Agreement or the Transaction DocumentsAgreement).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Warnaco Group Inc /De/)

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