Common use of Corporate Name; Prior Transactions Clause in Contracts

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 10 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

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Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 5 contracts

Samples: Loan and Security Agreement (Inverness Medical Innovations Inc), Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Ivc Industries Inc)

Corporate Name; Prior Transactions. The Each Borrower and Guarantor has not, during the past five (5) years, been known by or used by any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 3 contracts

Samples: Loan and Security Agreement (JLM Industries Inc), Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Safety Components International Inc)

Corporate Name; Prior Transactions. The Borrower has notNeither of Borrowers has, during the past five (5) years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth on Exhibit I hereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pamida Inc /De/), Loan and Security Agreement (Pamida Holdings Corp/De/)

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business, except as set forth on Exhibit "D".

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Incomnet Inc)

Corporate Name; Prior Transactions. The Borrower has not, and none of the Borrower's Subsidiaries has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, except as set forth on SCHEDULE 8.4 or as may be disclosed to the Agent from time to time.

Appears in 1 contract

Samples: Loan and Security Agreement (Strategic Distribution Inc)

Corporate Name; Prior Transactions. The Since its incorporation, neither Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Waxman Industries Inc)

Corporate Name; Prior Transactions. The Except as set forth on SCHEDULE 6.4, the Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (Meade Instruments Corp)

Corporate Name; Prior Transactions. The Since the date of its incorporation, the Borrower has not, during the past five (5) years, not been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside or assets out of the ordinary course of business, except as set forth on Schedule 6.22 hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Fuels Minerals Co)

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Corporate Name; Prior Transactions. The Except as set forth in SCHEDULE 8.4 hereto, the Borrower and each Guarantor has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom LTD)

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business.

Appears in 1 contract

Samples: Loan Agreement (Gerrard Douglas A)

Corporate Name; Prior Transactions. The Each of the Borrower and its Subsidiaries has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business, other than as described on Schedule 6.4 or with respect to Champion Products prior to its acquisition by CCP.

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

Corporate Name; Prior Transactions. The Borrower has not, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business, except as set forth on SCHEDULE 9.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Strouds Inc)

Corporate Name; Prior Transactions. The Except as set forth on SCHEDULE 8.4, no Borrower has nothas, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (Worldtex Inc)

Corporate Name; Prior Transactions. The No Borrower has notor Fraud Guarantor has, during the past five (5) years, been known by or used any other corporate or fictitious name, or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property outside Property out of the ordinary course of business.

Appears in 1 contract

Samples: Loan and Security Agreement (General Credit Corp)

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