Common use of Change in Control of Borrower Clause in Contracts

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty percent (40%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Planet Hollywood International Inc), Revolving Credit and Line of Credit Agreement (Rotech Medical Corp), Revolving Credit Agreement (Planet Hollywood International Inc)

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Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Hughes Family shall become the thx "beneficial xxxeficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 2 contracts

Samples: Line of Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Hughes Family shall become the "beneficial owner(s)" (as defined in definxx xx said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 2 contracts

Samples: Revolving Credit Agreement (Hughes Supply Inc), Line of Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections Section 13(d) and 14(d)(2) of the Exchange Act) shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty thirty percent (4030%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in of control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company which individually or in the aggregate is equal to or exceeds $2,500,000 to require that such Indebtedness be redeemed, repurchased, defeased, prepaid prepaid, or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;.

Appears in 1 contract

Samples: Credit Agreement (Dollar General Corp)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Hughes Family shall become the "beneficial owner(s)" (as defined in said Rule xxxx Xule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Revolving Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty percent (40%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;to

Appears in 1 contract

Samples: 364 Day Revolving Credit Agreement (Office Depot Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections Section 13(d) and 14(d)(2) of the Exchange Act) shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty thirty percent (4030%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in of control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company which individually or in the aggregate is equal to or exceeds $10,000,000 to require that such Indebtedness be redeemed, repurchased, defeased, prepaid prepaid, or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;.

Appears in 1 contract

Samples: Credit Agreement (CBRL Group Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Hughes Family shall become the "beneficial owner(s)" (as defined in said xx xxid Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Revolving Credit Agreement (Hughes Supply Inc)

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Change in Control of Borrower. (a) Any "person" or ----------------------------- "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Xxxxxx Family shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemedxxxxxxxx, repurchasedxxxxxxxxxxx, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Line of Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Xxxxxx Family, shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower Parent entitled to vote for members of BorrowerParent's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Real Estate Term Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than Gintel, shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;; or

Appears in 1 contract

Samples: Revolving Credit Agreement (Oneita Industries Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Xxxxxx Family shall become the "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

Change in Control of Borrower. (a) Any "person" or "group" (within the meaning of Sections 13(d) and 14(d)(2) of the Exchange Act) ), other than the Hughes Family shall become the becxxx xxe "beneficial owner(s)" (as defined in said Rule 13d-3) of more than forty twenty-five percent (4025%) of the shares of the outstanding common stock of Borrower entitled to vote for members of Borrower's board of directors; or , or (b) any event or condition shall occur or exist which, pursuant to the terms of any change in control provision, requires or permits the holder(s) of Indebtedness of any Consolidated Company to require that such Indebtedness be redeemed, repurchased, defeased, prepaid or repaid, in whole or in part, or the maturity of such Indebtedness to be accelerated in any respect;

Appears in 1 contract

Samples: Revolving Credit and Line of Credit Agreement (Hughes Supply Inc)

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