Common use of Corporate Name; Prior Transactions Clause in Contracts

Corporate Name; Prior Transactions. Each Borrower and Guarantor has not, during the past five 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 in the Information Certificate.

Appears in 3 contracts

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

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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 in the Information Certificateon 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 notNeither of Borrowers has, during the past five 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 in the Information Certificateon 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. Each Neither the Borrower and nor any Guarantor has nothas, 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 or assets out outside of the ordinary course of business, except as set forth in the Information Certificate.on Schedule 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 Since its incorporation, neither Borrower and Guarantor has not, during the past five 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 or assets out outside of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 1 contract

Samples: Loan and Security Agreement (Waxman Industries Inc)

Corporate Name; Prior Transactions. Each Since the date of its incorporation, the Borrower and Guarantor has not, during the past five years, not 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 or assets out outside of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

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 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 or assets out outside of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 1 contract

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

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Corporate Name; Prior Transactions. Each The 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 or assets Property out of the ordinary course of business, except as set forth in the Information Certificateon Exhibit "D".

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Incomnet Inc)

Corporate Name; Prior Transactions. Each No Borrower and or Fraud Guarantor has nothas, during the past five 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 or assets Property out of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 1 contract

Samples: Loan and Security Agreement (General Credit Corp)

Corporate Name; Prior Transactions. Each The Borrower and Guarantor has not, during the past five 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 or assets Property out of the ordinary course of business, except as set forth in the Information Certificate.

Appears in 1 contract

Samples: Loan and Security Agreement (Gerrard Douglas A)

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 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 or assets out outside of the ordinary course of business, except other than as set forth in the Information Certificatedescribed 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)

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