Sale or Merger. Subject to any restrictions of the Investment Company Act and applicable law, the Board shall be entitled, without the approval of any Members, to cause the Company to, among other things, sell, exchange or otherwise dispose of all or substantially all of the Company’s assets in a single transaction or series of transactions, including a merger, consolidation or other statutory transaction, or approve on behalf of the Company the sale, exchange or disposition of all or substantially all of the Company’s assets, including a merger, consolidation or other statutory transaction. The Board may also cause the sale of all or substantially all of the Company’s assets under foreclosure or other realization without the consent of any Members.
Sale or Merger. Borrower will not sell to, merge or consolidate with any person or entity or permit any such merger or consolidation with the Borrower, except for:
Sale or Merger. During the term of this Agreement, if MSL decides to sell a substantial portion of its assets or operations outside the ordinary course of its business, or to merge or transfer ownership of MSL to a third Party, MSL will immediately notify IBM. MSL warrants that any new company resulting from the sale or merger of MSL will accept and assume full responsibility for the performance of this Agreement.
Sale or Merger. All options granted to Employee pursuant to this Agreement will become fully exercisable if Employer is sold (or all or substantially all of the assets of Employer are sold) (by stock sale, merger or otherwise) to a third party.
Sale or Merger. In the event that prior to the Lender’s conversion or full repayment of the Bridge Loan, the Borrower shall have been sold to, consummated a merger or have been acquired by a third party (a “Business Combination”), the Lender shall be entitled to receive an amount equal to the difference between $1.35 and the amount per share received by the Borrower in the Business Combination (the “Business Combination Payment”). The Business Combination Payment shall be paid to the Lender at the closing of the Business Combination (the “Business Combination Closing”) in cash, equity or debt instruments at the option of the Borrower. The Borrower shall furnish the Lender with ten days prior written notice of the Business Combination Closing; and the Borrower shall furnish the Lender with written notice of its intent to pay cash, equity or debt instruments prior to the date of the Business Combination Closing.
Sale or Merger. Subject to any restrictions of the 1940 Act and applicable law, the Board shall be entitled, without the approval of any Members, to cause the Fund to, among other things, sell, exchange or otherwise dispose of all or substantially all of the Fund’s assets in a single transaction or series of transactions, or approve on behalf of the Fund, the sale, exchange or disposition of all or substantially all of the Fund’s assets. The Board may also cause the sale of all or substantially all of the Fund’s assets under foreclosure or other realization without the consent of any Members.
Sale or Merger. In the event of dissolution or liquidation of PMSC or any merger or combination in which PMSC is not a surviving corporation ("Sale or Merger"), each outstanding Option granted hereunder shall terminate, but the Optionee shall have the right, immediately prior to such dissolution, liquidation, merger or combination, to exercise his or 3 her Option, in whole or in part, to the extent that it shall not have been exercised, without regard to any installment exercise provisions.
Sale or Merger. The Option shall become immediately exercisable upon the sale or merger of the Company whereby the Company is not the surviving entity. The Option shall be exercisable to the extent Optionholder was entitled to do so at the time of sale or merger.
Sale or Merger. The Employee acknowledges that the -------------------------- services to be rendered by him or her are unique and personal. Accordingly, the Employee may not assign any of his or her rights or delegate any of his or her duties or obligations under this Agreement. The rights and obligations of the Corporation under this Agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of the Corporation. The parties contemplate and intend that this Agreement shall be assumed without material change by GlobalTel as part of its acquisition of GFP Group and that it will be fully enforceable by GlobalTel and the Employee without the need of any additional agreement. In the event of a sale or merger of the Corporation to any other entity, the successor to the Corporation shall assume the Corporation's obligations pursuant to this Agreement. In the event that a sale, merger or corporate restructure results in a 50 percent or greater change of ownership or control of the Corporation's affairs, except as a result of the GlobalTel acquisition, the Employee may terminate this Agreement and require that the Corporation redeem the Employees stock pursuant to the formula and method of valuation stated in the Shareholder Agreement, and pay the other amounts as provided in paragraph 14 above.
Sale or Merger. (i) It shall be an Event of Default under Section 3(a)(viii) if the Maker or a Guarantor:
