Common use of Consolidations, Mergers and Sales of Assets Clause in Contracts

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 17 contracts

Samples: Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-2), Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-2), Receivables Purchase and Sale Agreement (Cef Equipment Holding LLC)

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Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 5 contracts

Samples: Master Repurchase Agreement and Securities Contract (UWM Holdings Corp), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if the Seller is the Person surviving such merger.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if the Seller is the corporation surviving such merger.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person, in each case, if a Change in Control would result therefrom.

Appears in 4 contracts

Samples: Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person, except in connection with any subsequent securitization.

Appears in 4 contracts

Samples: Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2013-2)

Consolidations, Mergers and Sales of Assets. The Seller Sellers shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that a Seller may merge or consolidate with another Person if such Seller is the corporation surviving such merger.

Appears in 3 contracts

Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (American Home Mortgage Investment Corp)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease lease, or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if the Seller is the corporation surviving such merger.

Appears in 3 contracts

Samples: Mortgage Loan Participation Sale Agreement (Home Point Capital Inc.), Participation Sale Agreement (Home Point Capital Inc.), Participation Sale Agreement (Home Point Capital Inc.)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the applicable Seller may merge or consolidate with another Person if such Seller is the corporation surviving such merger.

Appears in 3 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the if Seller is not the surviving entity surviving of such consolidation or merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

Consolidations, Mergers and Sales of Assets. The Neither Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that a Seller may merge or consolidate with another Person if such Seller is the corporation surviving such merger.

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Personin a manner that would result in a Change in Control.

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

Consolidations, Mergers and Sales of Assets. The Seller shall Buyer will not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all or, except in the ordinary course of business, any substantial part of its assets to any other Person.

Appears in 1 contract

Samples: Asset Purchase Agreement (Natural Gas Services Group Inc)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 1 contract

Samples: Master Repurchase Agreement (Sutherland Asset Management Corp)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that any Seller may merge or consolidate with another Person if a Seller is the Person surviving such merger; and provided further that in no event shall the REIT Event be prohibited by this subsection.

Appears in 1 contract

Samples: Master Repurchase Agreement (ECC Capital CORP)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person, expect in connection with any subsequent securitization.

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (GECB Equipment Funding, LLC)

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Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if the Seller is the Person surviving such merger and Seller may sell Purchased Mortgage Loans to Takeout Investors or pursuant to securitizations provided that the proceeds therefrom are remitted to Buyer in accordance with this Repurchase Agreement.

Appears in 1 contract

Samples: Master Repurchase Agreement (Mortgageit Holdings Inc)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) Person, sell, lease or otherwise transfer all or substantially all of its assets to any other Person or make any material acquisition of all or substantially all assets of another Person., unless:

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that such Seller may merge or consolidate with another Person if such Seller is the corporation surviving such merger.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Consolidations, Mergers and Sales of Assets. The Neither Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that such Seller may merge or consolidate with another Person if such Seller is the Person surviving such merger and such Seller may sell Purchased Mortgage Loans to Takeout Investors or pursuant to securitizations provided that the proceeds therefrom are remitted to Buyer in accordance with this Repurchase Agreement.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease lease, or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person (unless the Seller is the surviving entity surviving from any such merger consolidation or merger), or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.

Appears in 1 contract

Samples: Master Repurchase Agreement (AmeriHome, Inc.)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger Person, or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if the Seller is the corporation surviving such merger, or is if the survivor assumes the obligations of Seller and has net worth at least as high as Sellers.

Appears in 1 contract

Samples: Advance Purchase Agreement (Aames Financial Corp/De)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person.. Receivables Purchase and Sale Agreement

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (Cef Equipment Holding LLC)

Consolidations, Mergers and Sales of Assets. The Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that the Seller may merge or consolidate with another Person if Seller is the corporation surviving such merger.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Consolidations, Mergers and Sales of Assets. The No Seller shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that such Seller may merge or consolidate with another Person if such Seller is the Person surviving such merger and such Seller may sell Purchased Mortgage Loans to Takeout Investors or pursuant to securitizations provided that the proceeds therefrom are remitted to Buyer in accordance with this Repurchase Agreement.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

Consolidations, Mergers and Sales of Assets. The Seller None of the Sellers shall not (i) consolidate or merge with or into any other Person unless the Seller is the entity surviving such merger or (ii) sell, lease or otherwise transfer all or substantially all of its assets to any other Person; provided that a Seller may merge or consolidate with another Person if such Seller is the corporation surviving such merger.

Appears in 1 contract

Samples: Master Repurchase Agreement (Homebanc Corp)

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