Common use of Consolidations Clause in Contracts

Consolidations. Mergers, and Sales of Assets. Consolidate or merge with or into any other person or sell, lease or transfer all or substantially all of its property and assets, or agree to do any of the foregoing, unless (a) no Default or Event of Default has occurred and is continuing or would have occurred immediately after giving effect thereto, and (b) in the case of a consolidation or merger or transfer of assets involving the Company and in which the Company is not the surviving corporation or sells, leases or transfers all or substantially all of its property and assets, the surviving corporation or person purchasing, leasing or receiving such property and assets is organized in the United States of America or a state thereof and agrees to be bound by the terms and provisions applicable to the Company hereunder.

Appears in 3 contracts

Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Itt Corp /Nv/), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Itt Industries Inc), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Itt Corp /Nv/)

AutoNDA by SimpleDocs

Consolidations. Mergers, and Sales of Assets. Consolidate or merge with or into any other person Person or sell, lease or transfer all or substantially all of its property and assets, or agree to do any of the foregoing, unless (a) no Default or Event of Default has occurred and is continuing or would have occurred immediately after giving effect thereto, and (b) in the case of a consolidation or merger or transfer of assets involving the Company and in which the Company is not the surviving corporation or or, in the case where the Company sells, leases or transfers all or substantially all of its property and assets, the surviving corporation or person Person purchasing, leasing or receiving such property and assets is organized in the United States of America or a state thereof and agrees to be bound by the terms and provisions applicable to the Company hereunder.

Appears in 1 contract

Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Itt Industries Inc)

AutoNDA by SimpleDocs

Consolidations. Mergers, and Sales of Assets. Consolidate or merge with or into any other person or sell, lease or transfer all or substantially all of its property and assets, or agree to do any of the foregoing, unless (a) no Default or Event of Default has occurred and is continuing or would have occurred immediately after giving effect thereto, and (b) in the case of a consolidation or merger or transfer of assets involving the Company and in which the Company is not the surviving corporation or or, in the case where the Company sells, leases or transfers all or substantially all of its property and assets, the surviving corporation or person purchasing, leasing or receiving such property and assets is organized in the United States of America or a state thereof and agrees to be bound by the terms and provisions applicable to the Company hereunder.

Appears in 1 contract

Samples: 364 Day Revolving Credit Facility Agreement (Itt Industries Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!