Common use of Structure Clause in Contracts

Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 9 contracts

Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)

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Structure. If the proposed acquisition is an acquisition of the Capital Stock of stock or other Equity Interest issued by a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if wholly owned Domestic Subsidiary directly owned by a Loan Party or will be merged with or into any Loan Party. If the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary Loan Party shall acquire such assets; and, if the proposed acquisition is the acquisition of assets either directly or through a Person, the Board of Directors of such Person has approved such acquisitionmerger;

Appears in 4 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.)

Structure. If the proposed acquisition is an acquisition of the Capital Stock stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if wholly owned Subsidiary directly owned by Borrower. If the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned whole owned Subsidiary directly owned by Borrower shall acquire such the assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 3 contracts

Samples: Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/), Letter Loan Agreement (Horizon Health Corp /De/)

Structure. If the proposed acquisition is an acquisition of the Capital Stock of stock or other Equity Interest issued by a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if Restricted Subsidiary or will be merged with or into the Borrower or a Restricted Subsidiary who is at least 90% owned by the Borrower. If the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Restricted Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of assets either directly or through a Person, the Board of Directors of such Person has approved such acquisitionmerger;

Appears in 2 contracts

Samples: Credit Agreement (Darling International Inc), Security Agreement (Darling International Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if wholly owned Subsidiary directly owned by either Borrower. If the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the either Borrower or a Wholly-Owned wholly owned Subsidiary directly owned by either Borrower shall acquire such the assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 2 contracts

Samples: Security Agreement (Nelnet Inc), Security Agreement (Nelnet Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; and, if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;; CHAR1\1991350v2

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

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Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Domestic Subsidiary; and, if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower Parent or a Wholly-Owned Domestic Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 1 contract

Samples: Credit Agreement (Intervoice Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned Subsidiary; and, if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower Parent or a Wholly-Owned Subsidiary shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 1 contract

Samples: Guaranty Agreement (Williams Sonoma Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Owned SubsidiarySubsidiary of the Borrower; and, if the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary of the Borrower shall acquire such assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Structure. If the proposed acquisition is an acquisition of the Capital Stock stock of a Target, the acquisition will be structured so that the Target will become a Wholly-Wholly- Owned Subsidiary; if . If the proposed acquisition is an acquisition of assets, the acquisition will be structured so that the Borrower or a Wholly-Owned Subsidiary shall acquire such the assets; and, if the proposed acquisition is the acquisition of a Person, the Board of Directors of such Person has approved such acquisition;.

Appears in 1 contract

Samples: Credit Agreement (Oreilly Automotive Inc)

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