Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.
Appears in 6 contracts
Samples: Revolving Credit and Term Loan Agreement (Stride & Associates Inc), Inventory and Receivables Revolving Credit Agreement (Silverleaf Resorts Inc), Revolving Credit Agreement (HMT Technology Corp)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, practices or the merger or consolidation acquisition of two or more Subsidiaries shares of common stock of the Borrower.) except:
Appears in 4 contracts
Samples: Revolving Credit Agreement (Timberland Co), Revolving Credit Agreement (Timberland Co), Revolving Credit Agreement (Timberland Co)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past industry practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower).
Appears in 3 contracts
Samples: Revolving Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc)
Mergers and Acquisitions. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower Borrowers with and into one of the BorrowerBorrowers, or the merger or consolidation of two or more Subsidiaries of the BorrowerBorrowers.
Appears in 3 contracts
Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Mayors Jewelers Inc/De), Mayors Jewelers Inc/De
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.); other than
Appears in 2 contracts
Samples: Revolving Credit Agreement (Michaels Stores Inc), Revolving Credit Agreement (Michaels Stores Inc)
Mergers and Acquisitions. The Neither the Parent nor the Borrower will, or will not, and will not permit any of its their Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except for (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.
Appears in 2 contracts
Samples: Term Loan Agreement (Quaker Fabric Corp /De/), Revolving Credit Agreement (Quaker Fabric Corp /De/)
Mergers and Acquisitions. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, become a party to any merger or consolidation, to convert any of the Borrowers or their Subsidiaries from one form of corporate organization or partnership to another, or agree to or effect any asset acquisition or stock acquisition (acquisition, other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.than:
Appears in 2 contracts
Samples: Credit Agreement (Transtechnology Corp), Credit Agreement (Transtechnology Corp)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business 71 consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Silverleaf Resorts Inc)
Mergers and Acquisitions. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets (including new restaurants) in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower Borrowers with and into another Borrower and the Borrower, or the merger or consolidation acquisition of two or more Subsidiaries of the Borrowerstock in connection with Investments permitted by Section 9.3(i).
Appears in 1 contract
Samples: Revolving Credit Agreement (American Restaurant Group Inc)
Mergers and Acquisitions. (a) The Borrower will not, and will not permit any of its Subsidiaries to, to become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except for (i) the mergers contemplated by the Transaction, and (ii) the merger or consolidation of one or more of the wholly-owned Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more wholly-owned Subsidiaries of the Borrower.
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Mergers and Acquisitions. (a) The Borrower will not, and will not permit any of its Subsidiaries to, to become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the wholly-owned Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more wholly-owned Subsidiaries of the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Bridgestreet Accommodations Inc)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the BorrowerBorrower so long as the Borrower is the surviving corporation, or the merger or consolidation of two or more Subsidiaries of the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)
Mergers and Acquisitions. The Borrower will not, and will not ------------------------ permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the BorrowerFCI, or the merger or consolidation of two or more Subsidiaries of the Borrower.
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Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.. The Borrower will not, and will not
Appears in 1 contract
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower. 12.5.2.
Appears in 1 contract
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices, the formation of Restricted or Unrestricted Subsidiaries in compliance with Section 8.13.1 and Section 9.3) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.except:
Appears in 1 contract
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.stock
Appears in 1 contract
Mergers and Acquisitions. The Borrower will not, and will not ------------------------ permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries (other than Excluded Subsidiaries) of the Borrower.
Appears in 1 contract
Samples: Revolving Credit Agreement (Fairfield Communities Inc)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices, the formation of Restricted or Unrestricted Subsidiaries in compliance with §8.13.1 and §9.3) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.except:
Appears in 1 contract
Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger , or consolidation of one or more Investments permitted under Section 11.3, and other than transfers of the Subsidiaries of assets among the Borrower with and into the BorrowerGuarantors) except, so long as no Default or the merger Event of Default has occurred and is continuing or consolidation of two or more Subsidiaries of the Borrower.would result after giving effect thereto,
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)
Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practicesbusiness) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Trailer Bridge Inc)
Mergers and Acquisitions. The Borrower will not, and not nor will not it permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.except:
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