Common use of Corporate Name; Prior Transactions Clause in Contracts

Corporate Name; Prior Transactions. Borrower and Guarantor have 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 Agreement (RBX Industries Inc), Loan Agreement (RBX Corp), Loan Agreement (RBX Corp)

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Corporate Name; Prior Transactions. The Borrower and Guarantor have 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 Certificateon Schedule 9.4.

Appears in 3 contracts

Samples: Loan and Security Agreement (Great Train Store Co), Loan and Security Agreement (Intellicell Corp), Loan and Security Agreement (Matria Healthcare Inc)

Corporate Name; Prior Transactions. Each Borrower and Guarantor have 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. Neither the Borrower and nor any Guarantor have 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), Term Loan and Security Agreement (LDM Technologies Inc)

Corporate Name; Prior Transactions. Neither the Borrower and nor any Guarantor have 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 Certificateon Schedule 8.4.

Appears in 2 contracts

Samples: Loan and Security Agreement (LDM Technologies Co), Loan and Security Agreement (LDM Technologies Inc)

Corporate Name; Prior Transactions. Borrower Each of Borrowers and Guarantor have 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 1 contract

Samples: Loan and Security Agreement (Bell Microproducts Inc)

Corporate Name; Prior Transactions. Each Borrower and Guarantor have 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 5.17 hereto.

Appears in 1 contract

Samples: Credit Agreement (Huffy Corp)

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Corporate Name; Prior Transactions. Borrower and Guarantor Guarantors have 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 Certificateon Schedule 7.21 hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Health Fitness Physical Therapy Inc)

Corporate Name; Prior Transactions. Each Borrower and each Guarantor have 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 1 contract

Samples: Loan and Security Agreement (Bell Microproducts Inc)

Corporate Name; Prior Transactions. Borrower Borrowers and Guarantor Guarantors have not, ---------------------------------- during the past five yearsone (1) year period ending on the date hereof, 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 material amount of its their property or assets out of the ordinary course of business, except as set forth in the Information Certificateon Exhibit F attached hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Direct Inc)

Corporate Name; Prior Transactions. Except as described in the Information Certificate, Borrower and Guarantor Guarantors have 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 1 contract

Samples: Loan and Security Agreement (Rouge Industries Inc)

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