Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
Appears in 10 contracts
Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (P&f Industries Inc)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 6 contracts
Samples: Loan and Security Agreement (Stonemor Inc.), Credit Agreement (Covenant Logistics Group, Inc.), Guaranty and Security Agreement (Infinera Corp)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 4 contracts
Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan and Security Agreement (Arlo Technologies, Inc.), Loan and Security Agreement (Servicesource International, Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability companyDivision, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 3 contracts
Samples: Senior Secured Term Loan Agreement (Solaris Energy Infrastructure, Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.. β
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
Division. Any reference herein to here into a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
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Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.
Appears in 1 contract
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.. 1.6
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.. 1.6
Appears in 1 contract
Samples: Loan and Security Agreement (Summit Midstream Partners, LP)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
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Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division of or by a limited liability company, or an allocation of assets to a series of a limited liability company (or the 26 unwinding of such a division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer or similar term, as applicable, to, of or with a separate Person. Any division of a limited liability company shall constitute a separate Person hereunder.
Appears in 1 contract
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.)
Division. Any reference herein to a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer, or similar term, shall be deemed to apply to a division Division of or by a limited liability companycompany or limited partnership, or an allocation of assets to a series of a limited liability company any such entity (or the unwinding of such a division Division or allocation) as if it were a merger, transfer, consolidation, amalgamation, assignment, sale, disposition or transfer transfer, or similar term, as applicable, to, of or with a separate Person. Any division Division of a limited liability company Person shall constitute a separate Person hereunder.. 51
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