Limitation on Mergers and Consolidations. The Borrower will not, nor will it permit any Principal Subsidiary to, enter into any transaction of merger or consolidation; provided, however, that: (a) any Subsidiary may merge or consolidate with or into the Borrower or any other Subsidiary so long as in any merger or consolidation involving the Borrower, the Borrower shall be the surviving or continuing corporation; (b) any Principal Subsidiary may merge or consolidate with or into any Person if (i) the Principal Subsidiary shall be the surviving or continuing Person and (ii) at the time of such consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing; and (c) the Borrower may consolidate or merge with any other Person if (i) the Borrower shall be the surviving or continuing Person and (ii) at the time of such consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing.
Appears in 9 contracts
Samples: 364 Day Credit Agreement (American Honda Finance Corp), Credit Agreement (American Honda Finance Corp), Five Year Credit Agreement (American Honda Finance Corp)
Limitation on Mergers and Consolidations. The Borrower will not, nor will it permit any Principal Subsidiary to, enter into any transaction of merger merger, consolidation or consolidationdivision; provided, however, that:
(a) any Subsidiary may merge or consolidate with or into the Borrower or any other Subsidiary so long as in any merger or consolidation involving the Borrower, the Borrower shall be the surviving or continuing corporation;
(b) any Principal Subsidiary may merge or consolidate with or into any Person if (i) the Principal Subsidiary shall be the surviving or continuing Person and (ii) at the time of such consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing; and
(c) the Borrower may consolidate or merge with any other Person if (i) the Borrower shall be the surviving or continuing Person and (ii) at the time of such consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (American Honda Finance Corp), 364 Day Credit Agreement (American Honda Finance Corp), Credit Agreement (American Honda Finance Corp)
Limitation on Mergers and Consolidations. The Borrower will not, nor will it permit any Principal Subsidiary to, enter into any transaction of amalgamation, merger or consolidation; provided, however, that:
(a) any Subsidiary may amalgamate, merge or consolidate with or into the Borrower or any other Subsidiary so long as in any amalgamation, merger or consolidation involving the Borrower, the Borrower shall be the surviving or continuing corporation;
(b) any Principal Subsidiary may amalgamate, merge or consolidate with or into any Person if (i) the Principal Subsidiary shall be the surviving or continuing Person and (ii) at the time of such amalgamation, consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing; and
(c) the Borrower may amalgamate, consolidate or merge with any other Person if (i) the Borrower shall be the surviving or continuing Person and (ii) at the time of such amalgamation, consolidation or merger and after giving effect thereto no Default shall have occurred and be continuing.
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