Common use of Change of Status Clause in Contracts

Change of Status. Guarantor will not become a party to a merger or consolidation with any other company, except where Guarantor is the surviving corporation or entity, and all covenants under this Guaranty are assumed by the surviving entity. Further, Guarantor may not change its legal structure, without the written consent of Bank and all covenants under this Guaranty are assumed by the new or surviving entity. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower changes its name, status or type of entity.

Appears in 10 contracts

Samples: Master Credit Agreement (Riata Energy Inc), Continuing and Unconditional Guaranty (Fountain Powerboat Industries Inc), Continuing and Unconditional Guaranty (Fountain Powerboat Industries Inc)

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Change of Status. Guarantor will not become a party to a merger or consolidation with any other company, except where Guarantor is the surviving corporation or entity, and all covenants under this Guaranty are assumed by the surviving entity. Further, Guarantor may not change its legal structure, without the written consent of Bank Lender and all covenants under this Guaranty are assumed by the new or surviving entity. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower changes its name, status or type of entity.

Appears in 5 contracts

Samples: Continuing and Unconditional Guaranty, Unlimited Guaranty, Unlimited Guaranty (Magellan Petroleum Corp /De/)

Change of Status. Guarantor will not become a party to a merger or consolidation with any other company, or change its legal structure without the written consent of Bank, except where Guarantor is as may be expressly permitted in the surviving corporation or entityLoan Agreement; provided, and however, that all covenants under this Guaranty are assumed by the surviving entity. Further, Guarantor may not change its legal structure, without the written consent of Bank and all covenants under this Guaranty are shall be assumed by the new or surviving entity. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower changes its name, status or type of entity.

Appears in 3 contracts

Samples: Revolving Credit Agreement (RFS Hotel Investors Inc), Revolving Credit Agreement (RFS Hotel Investors Inc), Revolving Credit Agreement (RFS Hotel Investors Inc)

Change of Status. Guarantor will not become a party to a merger or consolidation with any other company, except where Guarantor is the surviving corporation or entity, and entity or all covenants under this Guaranty are assumed by the surviving entity. Further, Guarantor may not change its legal structure, without the written consent of Bank and unless all covenants under this Guaranty are assumed by the new or surviving entity. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event Borrower changes its name, status or type of entity.

Appears in 2 contracts

Samples: Limited Guaranty (Nexstar Broadcasting Group Inc), Limited Guaranty (Nexstar Finance Inc)

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Change of Status. Guarantor will not become a party to a merger or consolidation with any other company, except where Guarantor is the surviving corporation or entity, and all covenants under this Guaranty are assumed by the surviving entity. Further, Guarantor may not change its legal structure, without the written consent of Bank and all covenants under this Guaranty are assumed by the new or surviving entity. Guarantor further agrees that this Guaranty shall be binding, legal and enforceable against Guarantor in the event either Borrower changes its name, status such person's name or type of entitystatus.

Appears in 2 contracts

Samples: Limited Guaranty (Rite Aid Corp), Limited Guaranty (Rite Aid Corp)

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