Corporate Name; Prior Transactions. Each Borrower and 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 or assets out of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Huffy Corp), Loan and Security Agreement (Huffy Corp), Loan and Security Agreement (Huffy Corp)
Corporate Name; Prior Transactions. Each Borrower and Guarantor has not, during the past five (5) years, been known by or used by 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 or assets out of the ordinary course of business, except as set forth on Schedule 8.17 heretoin the Information Certificate.
Appears in 3 contracts
Samples: Loan and Security Agreement (Safety Components International Inc), Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (JLM Industries Inc)
Corporate Name; Prior Transactions. Each Neither the Borrower and nor any Guarantor has nothas, 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 or assets out outside of the ordinary course of business, except as set forth on Schedule 8.17 hereto.8.4..
Appears in 2 contracts
Samples: Term Loan and Security Agreement (LDM Technologies Inc), Loan and Security Agreement (LDM Technologies Inc)
Corporate Name; Prior Transactions. Each Borrower and Guarantor has notNeither of Borrowers 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 or assets out of the ordinary course of business, except as set forth on Schedule 8.17 Exhibit I hereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pamida Holdings Corp/De/), Loan and Security Agreement (Pamida Inc /De/)
Corporate Name; Prior Transactions. Each 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 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 or assets out outside of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Fruit of the Loom LTD)
Corporate Name; Prior Transactions. Each Since the date of its incorporation, the Borrower and Guarantor has not, during the past five (5) years, not 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 or assets out outside of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 1 contract
Corporate Name; Prior Transactions. Each Since its incorporation, neither Borrower and Guarantor 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 or assets out outside of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Waxman Industries Inc)
Corporate Name; Prior Transactions. Each The Borrower and Guarantor 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 or assets Property out of the ordinary course of business, except as set forth on Schedule 8.17 heretoExhibit "D".
Appears in 1 contract
Corporate Name; Prior Transactions. Each The Borrower and Guarantor 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 or assets Property out of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 1 contract
Corporate Name; Prior Transactions. Each of the Borrower and Guarantor its Subsidiaries 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 or assets out outside of the ordinary course of business, except other than as set forth described on Schedule 8.17 hereto6.4 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. Each No Borrower and or Fraud Guarantor has nothas, 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 or assets Property out of the ordinary course of business, except as set forth on Schedule 8.17 hereto.
Appears in 1 contract