Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 9 contracts
Samples: Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears except as set forth on Schedule 5.6.
Appears in 9 contracts
Samples: Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 7 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (Gaiam, Inc), Revolving Credit and Security Agreement (Sypris Solutions Inc), Revolving Credit and Security Agreement (Image Entertainment Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Entity Names. No Except as set forth on Schedule 5.03, the Borrower has and each of its Subsidiary have not been known by any other corporate name in the past five (5) years and does do not sell Inventory do business under any other name except as set forth on Schedule 5.6name, nor has the Borrower or any Borrower of its Subsidiaries been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 3 contracts
Samples: Senior Secured Term Loan Credit Agreement (Pacific Ethanol, Inc.), Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc), Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc)
Entity Names. No As of the date hereof, no Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (UniTek Global Services, Inc.), Revolving Credit and Security Agreement (UniTek Global Services, Inc.), Credit and Security Agreement
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Valuevision Media Inc), Revolving Credit, Term Loan and Security Agreement (Geokinetics Inc), Revolving Credit Loan and Security Agreement (Intelligroup Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name name, in each case, except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (ARKO Corp.), Term Loan and Security Agreement (GPM Petroleum LP), Term Loan and Security Agreement (GPM Petroleum LP)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other corporate name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (SMTC Corp), Revolving Credit and Security Agreement (Crocs, Inc.)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicablethe case may be, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years, except as set forth on Schedule 5.6.
Appears in 2 contracts
Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Revolving Credit and Security Agreement (Valuevision Media Inc)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other corporate name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6name, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.. [PHI Group] Revolving Credit, Term Loan and Security Agreement
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Entity Names. No Borrower has been known by any other corporate name in the past five (5) years and does not sell except as set forth in Schedule 5.6. No Borrower sells Inventory under any other name except as set forth on in Schedule 5.6, nor . No Borrower has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears except as set forth in Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Zanett Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, company as applicable, applicable of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Amrep Corp.)
Entity Names. No As of the Closing Date, no Borrower has been known by any other corporate or company name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Skullcandy, Inc.)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five years and does not sell Inventory inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Loan and Security Agreement (Boomerang Systems, Inc.)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five years and does not sell Inventory under any other name (5) years, nor, except as set forth on Schedule 5.65.6 hereto, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Loan and Security Agreement (United States Steel Corp)
Entity Names. No Borrower has been known by any other corporate name in the past five years preceding the date hereof and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears preceding the date hereof except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avatech Solutions Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years. 5.7.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell or lease Inventory or provide services under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Hybrook Resources Corp.)
Entity Names. No Borrower has not been known by any other corporate name in the past five years and since its inception on April 9, 2010,and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearssince its inception.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ante5, Inc.)
Entity Names. No Borrower has been known by any other corporate name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, person of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Emtec Inc/Nj)
Entity Names. No Borrower has been known by any other corporate name (within the meaning of Section 9-503 of the Uniform Commercial Code) in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Empeiria Acquisition Corp)
Entity Names. No Excluding the Merger Transactions, no Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Swenson Granite Co LLC)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years, other than pursuant to the Asset Purchase Agreement.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Kitty Hawk Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years preceding the Closing Date and does not sell Inventory on the Closing Date under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears preceding the Closing Date.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears except as set forth on the Perfection Certificate.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Compudyne Corp)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6name, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Osteotech Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6. As of the Closing Date, nor has any no Borrower been the surviving corporation or company, as applicable, corporation/company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Integrated Biopharma Inc)
Entity Names. No Borrower has been known by any other company or corporate name name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years. 5.7 O.S.H.A .
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person Person, with the exception of those assets acquired pursuant to the Acquisition Agreement during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (NYTEX Energy Holdings, Inc.)
Entity Names. No Borrower has not been known by any other corporate name in the past five years preceding the date hereof and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears preceding the date hereof except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years, except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) yearsyears except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Empeiria Acquisition Corp)
Entity Names. No Borrower has been known by any other corporate or limited liability company name in the past five years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc)
Entity Names. No Borrower has been known by any other corporate name in the past five years and does not sell Inventory under any other name except as set forth on Schedule SCHEDULE 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Brightstar Corp.)