Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person.
Consolidation and Merger; Asset Acquisitions. Company shall not, and shall not permit any Subsidiary to, consolidate with or merge into any other entity, or permit any other entity to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other entity.
Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire in a transaction analogous in purpose or effect to a consolidation or merger all or substantially all the assets of any other Person.
Consolidation and Merger; Asset Acquisitions. Section 6.17 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, provided, however, that the restrictions contained in this Section 6.8 shall not apply to or prevent (i) the consolidation or merger of a Subsidiary with, or a conveyance or transfer of its assets to, the Borrower (if the Borrower shall be the continuing or surviving corporation) or (ii) the acquisition of assets of other Persons permitted by Section 6.4(g).
Consolidation and Merger; Asset Acquisitions. The Co-Borrowers will not, and will not permit any other Credit Party to, consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person, except for the merger of any Credit Party into another Credit Party or any Subsidiary into a Credit Party; provided that such Credit Party survives as the sole remaining entity.
Consolidation and Merger; Asset Acquisitions. No Company shall consolidate with or merge into any other entity, or permit any other entity to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the assets of any other entity; provided that one Company may merge into another Company (provided, further, that Companies shall provide Xxxxx Fargo with written notice of any such merger, together with copies of the merger documents, within 15 days after the completion of any such merger between one Company and another Company).
Consolidation and Merger; Asset Acquisitions. Except as permitted by Section 9.12, the Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person (except pursuant to a Purchase Agreement and Accepted Borrowing Request approved by the Lender in accordance with Section 2.1). Notwithstanding any provision of this Section 7.3 to the contrary, the Borrower shall be permitted to consummate sales of Loan Collateral under Section 3.4 in accordance with the terms and conditions specified in such Sections.
Consolidation and Merger; Asset Acquisitions. Section 6.8 of the Credit Agreement is amended to read in its entirety as follows:
Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other Person; provided that Borrower may acquire additional limited partnership interests in Heartland Grain Fuels, L.P. and additional common stock in Dakota Fuels, Inc.
