Common use of ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION Clause in Contracts

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 9 contracts

Samples: Credit Agreement (Cardiodynamics International Corp), Credit Agreement (Micro General Corp), Credit Agreement (Clearcommerce Corp)

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ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 4 contracts

Samples: Credit Agreement (Onyx Pharmaceuticals Inc), Credit Terms and Conditions (Terayon Communication Systems), Loan and Security Agreement (Lifeminders Com Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Business Loan Agreement (Medical Science Systems Inc), Business Loan Agreement (Medical Science Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, lease assign or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Credit Agreement (American National Financial Inc), Credit Agreement (Alpha Microsystems)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its their business as now conducted; or sell, lease, assign, or transfer any substantial part of its their business or fixed assets, or any property or other assets necessary for the continuance of its their business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Security and Loan Agreement (Imaging Technologies Corp/Ca), Security and Loan Agreement (Imaging Technologies Corp/Ca)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidateLiquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any material assets except in the ordinary and normal course of its business as now conductedconsistent with past practices; or except in the ordinary course of business, sell, lease, assign, lease assign or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any dividends, property or other asset accompanied by the leasing back of the same.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Pharmaceutical Corp), Credit Agreement (Alliance Pharmaceutical Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; conducted or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Business Line Credit Agreement (Top Tier Software Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Loan Agreement (Ipl Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its their business as now conducted; or sell, lease, assign, or transfer any substantial part of its their business or fixed assets, or any property or other assets necessary for the continuance of its their business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Imaging Technologies Corp/Ca)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; : or sell any assets except in the ordinary and normal course of its business as now conducted; : or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Credit Terms and Conditions (Data Race Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling selling, of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Microtel International Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or of business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Business Loan Agreement (Medical Science Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.,

Appears in 1 contract

Samples: Credit Agreement (Dense Pac Microsystems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidateLiquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Credit Terms and Conditions (Inland Casino Corp)

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ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Microtel International Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business business, or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Alpha Microsystems)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Datametrics Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the the. leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (Eco Soil Systems Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Security and Loan Agreement (General Automation Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherefore; or sell any assets except in the ordinary and normal course of its business their businesses as now conducted; or sell, lease, assign, or transfer any substantial part of its business their businesses or fixed assets, or any property or other assets necessary for the continuance of its business their businesses as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Loan Agreement (Keith Companies Inc)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase or otherwise acquire the assets or business of any person or other entity; or liquidate, dissolve, merge or consolidate, or commence any proceedings therefortherof; or sell any assets except in the ordinary and normal course of its business as now conducted; or sell, lease, assign, or transfer any substantial part of its business or fixed assets, or any property or other assets necessary for the continuance of its business as now conducted, conducted including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Credit Terms and Conditions (Megabios Corp)

ACQUISITION OR SALE OF BUSINESS; MERGER OR CONSOLIDATION. Purchase Not purchase or otherwise acquire the assets or business of any person or other entity; , or liquidate, dissolve, merge or consolidate, or commence any proceedings therefor; , or sell any assets except in the ordinary and normal course of its business as now conducted; , or sell, lease, assign, or transfer any substantial part of its business or fixed assets, assets or any property or other assets necessary for the continuance of its business as now conducted, including without limitation the selling of any property or other asset accompanied by the leasing back of the same.

Appears in 1 contract

Samples: Business Line of Credit Agreement (Pacific Softworks Inc)

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