Change in Borrower Sample Clauses

Change in Borrower. A termination, dissolution, consolidation or merger of Borrower with or into any other entity, the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all of Borrower’s assets, the marshalling of Borrower’s assets and liabilities, the receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition with creditors, or readjustment of, or other similar proceedings affecting Borrower, Guarantor, or any of the assets of either;

Change in Borrower. Effective immediately upon the consummation of the Mergers and without further action by New Oracle or any other Person hereunder, (a) New Oracle (i) shall become the Borrower under this Agreement, with the same force and effect as if originally named as such herein and (ii) hereby accepts all of the rights and assumes and agrees to perform all obligations of the Borrower under this Agreement and the Notes, whether in existence at the time of the Mergers or arising at any time thereafter and (b) Oracle (i) shall cease to be the Borrower for the purposes of this Agreement, (ii) shall be discharged and released from all obligations and covenants under this Agreement and the Notes and (iii) shall no longer be entitled to request or borrow Advances hereunder; provided that New Oracle shall deliver the documentation referenced in Section 3.01(e) of this Agreement as it relates to itself as the new Borrower. It is understood that, upon consummation of the Mergers, New Oracle will be renamed “Oracle Corporation.” The parties hereto agree that if the Mergers and the transactions set forth in the Merger Agreement are not consummated, New Oracle shall not become the Borrower under this Agreement and Oracle shall remain the Borrower under this Agreement.

Change in Borrower. The sale, assignment, pledge, hypothecation, mortgage or transfer, in each case by Guarantor, of the beneficial equity interests of Borrower if immediately thereafter Guarantor shall own, subject to no lien or security interest, less than fifty-one percent (51%) of the beneficial equity interests in Borrower, without the prior written consent of Lender; or the occurrence of any material management, organizational or other such change in Borrower, including, without limitation, the occurrence of any material partnership or joint venture dispute, which Lender determines, in its reasonable discretion, will have a material adverse effect on the Loan, the Property, or on Borrower’s ability to perform its obligations under the Loan Documents; or any amendment or modification of the articles of incorporation, bylaws, operating agreement, partnership agreement, trust agreement or other charter document of Borrower, which Lender determines, in its reasonable discretion, will have a material adverse effect on the Loan, or on Borrower’s ability to perform its obligations under the Loan Documents. Notwithstanding the foregoing, any transfer of interests in Borrower or its constituent members that is expressly permitted by the Deed of Trust shall not be an Event of Default under this Paragraph 11.21.

Change in Borrower since the date the Borrower applied for the Facilities there has been no material alterations or changes in the constitution, condition, business, operating environment, management or other affairs of the Borrower which could or might adversely affect the ability of the Borrower to perform its obligations under this Agreement and/or the Security Documents to which it is a party;

Change in Borrower. The security, liabilities and or obligations created by this Debenture shall continue to be valid and binding for all purposes 110 Borrower : Syarikat Telefon Wireless (M) Sdn. Bhd. Facility : Term Loan Facility of RM91,000,000.00 whatsoever notwithstanding any change whether by amalgamation, reconstruction or otherwise howsoever in the constitution of the Borrower and it is expressly declared that no change of any sort whatsoever in, relating to or affecting the Borrower shall in any way, affect the security, liabilities and or obligations created by this Debenture in relation to any transaction whatsoever whether past, present or future.