Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
Appears in 30 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger merger, or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Personcorporation.
Appears in 25 contracts
Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp), 364 Day Revolving Credit Agreement (Atmos Energy Corp)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, thereby a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
Appears in 9 contracts
Samples: Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Texas New Mexico Power Co), Term Loan Credit Agreement (PNM Resources Inc)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, consolidation or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, that a Person may be merged or consolidated with or into the Borrower Borrower; so long as (a) the Borrower shall be the continuing or surviving Personcorporation and (b) immediately before and after such merger or consolidation there does not exist a Default or an Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Three Year Credit Agreement (Wisconsin Energy Corp)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, consolidation or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, that a Person may be merged or consolidated with or into the Borrower Borrower; so long as (i) the Borrower shall be the continuing or surviving PersonPerson and (ii) immediately before and after such merger or consolidation there does not exist a Default or an Event of Default.
Appears in 2 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or consummate a Division as the Dividing Person or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
Appears in 2 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Personcorporation.
Appears in 2 contracts
Samples: Credit Agreement (PNM Resources), Credit Agreement (PNM Resources Inc)
Consolidation and Merger. The Borrower will not (a) enter merge with or into any transaction of merger other Person (other than in connection with the Merger Agreement) or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
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Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, thereby a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person).
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Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger merger, or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall -------- exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Personcorporation.
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Consolidation and Merger. The Borrower will not (a) enter into any transaction of merger or (b) consolidate, consolidation or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, that a Person may be merged or consolidated with or into the Borrower Borrower; so long as (i) the Borrower shall be the continuing or surviving Personcorporation and (ii) immediately before and after such merger or consolidation there does not exist a Default or an Event of Default.
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Consolidation and Merger. The Borrower will not (a) enter merge with or into any transaction of merger other Person or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
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Consolidation and Merger. The Borrower will not (a) enter merge with or into any transaction of merger other Person or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, thereby a Person may be merged or consolidated with or into the Borrower so long as the Borrower shall be the continuing or surviving Person.
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Consolidation and Merger. The Such Borrower will not (a) enter into any transaction of merger or (b) consolidate, liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution); provided that, so long as no Default or Event of Default shall exist or be caused thereby, a Person may be merged or consolidated with or into the such Borrower so long as the such Borrower shall be the continuing or surviving Personcorporation and, if the Company is a party to such transaction, the Company is the continuing or surviving corporation.
Appears in 1 contract
Samples: Credit Agreement (PNM Resources Inc)