Common use of Consolidation and Merger; Asset Acquisitions Clause in Contracts

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.

Appears in 91 contracts

Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement by And (CPS Technologies Corp/De/), Management Agreement (REX AMERICAN RESOURCES Corp)

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Consolidation and Merger; Asset Acquisitions. The Borrower will Company shall not consolidate with or merge into any Personother entity, or permit any other Person 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 Personentity.

Appears in 8 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Nortech Systems Inc), Credit and Security Agreement (Hemacare Corp /Ca/)

Consolidation and Merger; Asset Acquisitions. The No 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.

Appears in 7 contracts

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Smtek International Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into itBorrower, 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.

Appears in 6 contracts

Samples: Credit Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\)

Consolidation and Merger; Asset Acquisitions. The Such 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, however, that the Lender will not unreasonably withhold its consent to any merger or acquisition.

Appears in 3 contracts

Samples: Credit and Security Agreement (Heska Corp), Credit and Security Agreement (Heska Corp), Credit and Security Agreement (Heska Corp)

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.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Virtual Radiologic CORP), Revolving Loan Agreement (Virtual Radiologic CORP)

Consolidation and Merger; Asset Acquisitions. The Borrower will not dissolve, 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.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)

Consolidation and Merger; Asset Acquisitions. The Neither 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.

Appears in 2 contracts

Samples: Credit and Security Agreement (Larson Davis Inc), Credit and Security Agreement (Medical Dynamics Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any other Obligor to, liquidate or dissolve or 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:

Appears in 2 contracts

Samples: Credit Agreement (Rotonics Manufacturing Inc/De), Term Loan Agreement (Rotonics Manufacturing Inc/De)

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itthem, 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, if such consolidation, merger or acquisition requires aggregate consideration from Borrowers in excess of $1,500,000 in any given calendar year.

Appears in 2 contracts

Samples: Foreign Accounts Credit and Security Agreement (Synergetics Usa Inc), Patent, Trademark and License Collateral Assignment and Security Agreement (Synergetics Usa Inc)

Consolidation and Merger; Asset Acquisitions. The Neither a Borrower nor the Guarantor 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.Person unless:

Appears in 2 contracts

Samples: Credit and Security Agreement (Christopher & Banks Corp), Credit and Security Agreement (Christopher & Banks Corp)

Consolidation and Merger; Asset Acquisitions. The -------------------------------------------- Borrower will not dissolve, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Consolidation and Merger; Asset Acquisitions. The No 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 PersonPerson except with Lender's prior written approval.

Appears in 1 contract

Samples: Credit and Security Agreement (Pentastar Communications Inc)

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 PersonPerson without the written consent of the Lender, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: Credit and Security Agreement   by And (uBid.com Holdings, Inc.)

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 PersonPerson other than pursuant to the transaction described on Schedule 6.18 hereto.

Appears in 1 contract

Samples: Credit and Security Agreement (Seaway Valley Capital Corp)

Consolidation and Merger; Asset Acquisitions. The Borrower -------------------------------------------- will not dissolve, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Consolidation and Merger; Asset Acquisitions. The Except for the Acquisition, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Pw Eagle Inc)

Consolidation and Merger; Asset Acquisitions. The -------------------------------------------- Borrower will not be acquired by, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Bentley International Inc)

Consolidation and Merger; Asset Acquisitions. The Except as set forth in Schedule 6.18, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Digital Angel Corp)

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itthem, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Pacific Cma Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will not, and will not permit any Subsidiary 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Consolidation and Merger; Asset Acquisitions. The No Borrower will not or will permit any Subsidiary 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Sportsmans Guide Inc)

Consolidation and Merger; Asset Acquisitions. The Except with respect to the Atrix Merger and the SCI Merger, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Atrix Acquisition Corp)

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.

Appears in 1 contract

Samples: Credit and Security Agreement (Nortech Systems Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Borrowers 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 that (i) Borrowers may consummate Permitted Acquisitions, and (ii) a Borrower may merge or consolidate with another Borrower, and a wholly-owned subsidiary of the Borrower may merge or consolidate with the applicable parent.

Appears in 1 contract

Samples: Loan and Security Agreement (Vein Associates of America Inc)

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.

Appears in 1 contract

Samples: Credit and Security Agreement (Data National Corp)

Consolidation and Merger; Asset Acquisitions. The Except for mergers between entities constituting the Borrower, neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other 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.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (HC2 Holdings, Inc.)

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 PersonPerson without the prior written consent of the Lender, which consent shall not be unreasonably withheld.

Appears in 1 contract

Samples: Credit and Security Agreement (Kitty Hawk Inc)

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Consolidation and Merger; Asset Acquisitions. The Neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Schuff International Inc)

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.

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower Borrowers will not consolidate with or merge into any Person, or permit any other Person to merge into itit (other than the Merger), 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

Consolidation and Merger; Asset Acquisitions. The Except as provided in Section 7.6 hereof, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Heartland Technology Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not i. consolidate with or merge into any Person, or permit any other Person to merge into it, or ii. acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all the assets of any other PersonPerson in one or more transactions without thirty (30) days advance prior written notice to and approval by Lenders which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Credit Agreement (Fortress Group Inc)

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any Person, or permit any other Person to merge into it, or acquire (all or substantially all the assets of any other Person, whether in a transaction analogous in purpose or effect to a consolidation or merger) all , or substantially all the assets of any other Personotherwise.

Appears in 1 contract

Samples: Credit and Security Agreement (Colonial Commercial Corp)

Consolidation and Merger; Asset Acquisitions. The No Borrower will not consolidate with or merge into any PersonPerson (other than another of the Borrowers), or permit any other Person (other than another of the Borrowers) 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

Consolidation and Merger; Asset Acquisitions. The Except for the Merger, 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Organic Food Products Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not consolidate with or merge into any Personother entity, or permit any other Person 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 Personentity.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

Consolidation and Merger; Asset Acquisitions. The Except for mergers between entities constituting the Borrower or mergers of a Subsidiary into a Borrower so long as such Borrower is the survivor or such merger, neither the Borrower nor any of its Subsidiaries will not consolidate with or merge into any other 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.

Appears in 1 contract

Samples: And Security Agreement (Hc2 Holdings, Inc.)

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Borrowers will not consolidate with or merge into any Person, Person or permit any other Person to merge into it, 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 Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (K Tel International Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower will shall not consolidate with or merge into any Personother entity, or permit any other Person 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 Personentity, except consolidation or merger of any Subsidiary into another Subsidiary or into the Borrower is permitted, provided the surviving entity is a “Borrower” hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Command Security Corp)

Consolidation and Merger; Asset Acquisitions. The Borrower will not consolidate or amalgamate 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 consolidation, amalgamation or merger) all or substantially all the assets of any other Person.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Biovest International Inc)

Consolidation and Merger; Asset Acquisitions. The No 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, other than in accordance with the provisions of Section 6.6(e).

Appears in 1 contract

Samples: Credit and Security Agreement   by And (Miscor Group, Ltd.)

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, unless the Borrower survives as the sole remaining entity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Iti Technologies Inc)

Consolidation and Merger; Asset Acquisitions. The Parent 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Eagle Geophysical Inc)

Consolidation and Merger; Asset Acquisitions. The Borrower None of the Obligors 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.

Appears in 1 contract

Samples: Credit and Security Agreement (Infotech Usa Inc)

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.

Appears in 1 contract

Samples: Credit and Security Agreement (Act Teleconferencing Inc)

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