Common use of Consolidation and Merger Clause in Contracts

Consolidation and Merger. 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 of the Property or capital stock of any other Person, unless:

Appears in 2 contracts

Samples: Maverick Tube Corporation, Maverick Tube Corporation

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Consolidation and Merger. The Each 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 of the Property or capital stock of any other Person, unlessexcept that:

Appears in 2 contracts

Samples: Credit Agreement (Mississippi Chemical Corp /MS/), Mississippi Chemical Corp /MS/

Consolidation and Merger. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into with any Person, or permit any other Person to merge into itentity, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the Property or capital stock assets of any other Personperson or entity, unless:nor shall Borrower change its business form, provided that Borrower or any Subsidiary may acquire the assets of any person or entity if there has been no Event of Default or Potential Default and shall not be after giving effect to said acquisition, and that said acquisition shall not result in a Material Adverse Effect .

Appears in 2 contracts

Samples: Credit Agreement (Lake Area Corn Processors LLC), Credit Agreement (Siouxland Ethanol, LLC)

Consolidation and Merger. The Borrower will shall not, and will shall not permit any Subsidiary of its Subsidiaries to, consolidate with directly or merge indirectly, enter into any Persontransaction of merger or consolidation with any Person or purchase, lease, or permit any other Person to merge into it, or otherwise acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all a substantial part of the Property property or capital stock assets of any other Person, unless:except that any Subsidiary of Borrower may merge or consolidate with any other Subsidiary of Borrower or may merge into Borrower

Appears in 1 contract

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc)

Consolidation and Merger. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into with any Person, or permit any other Person to merge into itentity, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the Property or capital stock assets of any other Personperson or entity, unless:nor shall Borrower change its business form, provided that Borrower or any Subsidiary may acquire the assets of any person or entity if there has been no Event of Default or Potential Default and shall not be after giving effect to said acquisition, and that said acquisition shall not result in a Material Adverse Effect .

Appears in 1 contract

Samples: Credit Agreement (E Energy Adams LLC)

Consolidation and Merger. The Each 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 of the Property or capital stock of any other Person, unless:.

Appears in 1 contract

Samples: Credit Agreement (Minnesota Corn Processors LLC)

Consolidation and Merger. The Each Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into any Person, other Person or permit any other Person to consolidate with or merge into it, it or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) convey all or substantially all of its assets to any person, unless (i) either the Property respective Borrowers shall be the continuing corporation or capital stock of any other Person, unless:the successor corporation or the person which acquires by sale or

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

Consolidation and Merger. 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 of the Property or capital stock of any other Person, unlessexcept that:

Appears in 1 contract

Samples: Credit Agreement (Mississippi Chemical Corp /MS/)

Consolidation and Merger. 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 of the Property or capital stock assets of any other Person; provided, unlesshowever, that the restrictions contained in this Section shall not apply to or prevent:

Appears in 1 contract

Samples: Credit Agreement (Analysts International Corp)

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Consolidation and Merger. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into with any Person, or permit any other Person to merge into itentity, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the Property or capital stock assets of any other Person, unless:nor shall Borrower change its business form, provided that Borrower may acquire the assets of any Person if there has been no Event of Default or Potential Default and shall not be after giving effect to said acquisition, and that said acquisition shall not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lake Area Corn Processors LLC)

Consolidation and Merger. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into with any Person, or permit any other Person to merge into itentity, or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the Property or capital stock assets of any other Personperson or entity, unless:nor shall Borrower change its business form, provided that Borrower or any Subsidiary may acquire the assets of any person or entity if there has been no Event of Default or Potential Default and shall not be after giving effect to said acquisition, and that said acquisition shall not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Husker Ag LLC)

Consolidation and Merger. The Borrower will not, and will not permit any Subsidiary to, consolidate with or merge into any Personperson, or permit any other Person person 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 Property or capital stock assets of any other Personperson; provided, unlesshowever, that such transactions are permitted if:

Appears in 1 contract

Samples: Loan Agreement (Gt Bicycles Inc)

Consolidation and Merger. The Each 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 of the Property or capital stock of any other PersonPerson (for purposes of this Section 7.6, unless:each of such transactions, a "merger"; and the verb "to merge" shall have meanings correlative thereto), except that

Appears in 1 contract

Samples: Credit Agreement (Seminis Inc)

Consolidation and Merger. 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, except that any Subsidiary may merge into the Borrower or acquire (in a transaction analogous in purpose or effect to a consolidation or merger) all or substantially all of the Property or capital stock of into any other Person, unless:wholly-owned Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Strategic Timber Trust Inc)

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