Common use of CERTAIN INTERCOMPANY MERGERS, ETC Clause in Contracts

CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) the liquidation or dissolution of any Wholly-Owned Subsidiary of the Borrower, and (iii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.

Appears in 5 contracts

Samples: Credit Agreement (Value City Department Stores Inc /Oh), Credit Agreement (Value City Department Stores Inc /Oh), Credit Agreement (Fca of Ohio Inc)

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CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iiiii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 3 contracts

Samples: Credit Agreement (Healthcare Recoveries Inc), Credit Agreement (Trover Solutions Inc), Credit Agreement (Miami Computer Supply Corp)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iiiii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Wholly- Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (Miami Computer Supply Corp)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower it is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iiiii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (NCS Healthcare Inc)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (Royal Appliance Manufacturing Co)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower it is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iiiii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Wholly- Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (NCS Healthcare Inc)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, merger or consolidation or amalgamation of any Wholly-Wholly- Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, merger or consolidation or amalgamation involving the Borrower, Borrower the Borrower is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iiiii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (Essef Corp)

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CERTAIN INTERCOMPANY MERGERS, ETC. If no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Wholly- Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, ; (ii) the liquidation or dissolution of any Wholly-Owned Subsidiary of the Borrower, ; and (iii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, if after giving effect thereto at least 60% of the Consolidated Total Assets of the Borrower are owned directly by the Borrower and not indirectly through Subsidiaries, shall each be permitted.

Appears in 1 contract

Samples: Credit Agreement (Stoneridge Inc)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, merger or consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, merger or consolidation or amalgamation involving the Borrower, Borrower the Borrower is the surviving or continuing or resulting corporation, (ii) or the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and (iii) or the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (Essef Corp)

CERTAIN INTERCOMPANY MERGERS, ETC. If if no Default or Event of Default shall have occurred and be continuing or would result therefrom, (i) the merger, consolidation or amalgamation of any Wholly-Owned Subsidiary with or into the Borrower or another Wholly-Owned Subsidiary, so long as in any merger, consolidation or amalgamation involving the Borrower, the Borrower is the surviving or continuing or resulting corporation, (ii) the liquidation or dissolution of any Wholly-Owned Subsidiary of the BorrowerSubsidiary, and or (iii) the transfer or other disposition of any property by the Borrower to any Wholly-Owned Subsidiary or by any Wholly-Wholly- Owned Subsidiary to the Borrower or any other Wholly-Owned Subsidiary of the Borrower, shall each be permitted.;

Appears in 1 contract

Samples: Credit Agreement (Royal Appliance Manufacturing Co)

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