Common use of Limitations on Fundamental Changes Clause in Contracts

Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 3 contracts

Samples: Secured Agreement (Apollo Real Estate Investment Fund Ii L P), Secured Agreement (Apollo Real Estate Advisors Ii L P), Secured Agreement (Ap-Agc LLC)

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Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany Company or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Atlantic Gulf Communities Corp), Secured Agreement (Atlantic Gulf Communities Corp)

Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided PROVIDED that the Com- pany Company or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 1 contract

Samples: Secured Agreement (Atlantic Gulf Communities Corp)

Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany Company or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 1 contract

Samples: Secured Note Agreement (Atlantic Gulf Communities Corp)

Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany Company or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed dispose of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Atlantic Gulf Communities Corp)

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Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany Company or any Subsidiary may convey, sell, assign, 80. transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 1 contract

Samples: Revolving Loan Agreement (Atlantic Gulf Communities Corp)

Limitations on Fundamental Changes. Except to the extent such merger, consolidation, or amalgamation is of a Sub- sidiary Subsidiary with and into the Company, or between or among wholly owned Subsidiaries, enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suf- fer suffer any liquidation or dissolution), or convey, sell, lease, assign, transfer or otherwise dispose of, all or substantially all of its property, business or assets; provided that the Com- pany Company or any Subsidiary may convey, sell, assign, transfer or have condemned or otherwise disposed of assets to the extent permitted by Section 7.6 7 6 so long as the proceeds of any such sale are applied in accordance with this Agreement.

Appears in 1 contract

Samples: Secured Floating Rate Note Agreement (Atlantic Gulf Communities Corp)

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