Limitations on Mergers and Acquisitions. (a) The Servicer (so long as the Servicer and one of the Originators are the same entity) shall not (i) merge or consolidate with or into any corporation or other entity unless the Servicer is the surviving entity of any such merger or consolidation or (ii) liquidate or dissolve. (b) The Borrower will not merge with or into or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions), all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets or capital stock or other ownership interest of, or enter into any joint venture or partnership agreement with, any Person, other than as contemplated by this Agreement and the Repurchase Agreement.
Appears in 4 contracts
Samples: Loan Agreement, Securitization Agreement, Loan Agreement (Lennar Corp /New/)
Limitations on Mergers and Acquisitions. (a) The Servicer (so long as the Servicer and one of the Originators Originator are the same entity) shall not (i) merge or consolidate with or into any corporation or other entity unless the Servicer is the surviving entity of any such merger or consolidation or (ii) liquidate or dissolve.
(b) The Borrower will not merge with or into or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions), all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets or capital stock or other ownership interest of, or enter into any joint venture or partnership agreement with, any Person, other than as contemplated by this Agreement and the Repurchase Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/)
Limitations on Mergers and Acquisitions. (a) The Servicer (so long as the Servicer and one of the Originators Originator are the same entity) shall not (i) merge or consolidate with or into any corporation or other entity unless the Servicer is the surviving entity of any such merger or consolidation or (ii) liquidate or dissolve.
(b) The Borrower will not merge with or into or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions), all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets or capital stock or other ownership interest of, or enter into any joint venture or partnership agreement with, any Person, other than as contemplated by this Second Restated Loan Agreement and the Second Restated Repurchase Agreement.
Appears in 1 contract
Samples: Loan Agreement (Pulte Homes Inc/Mi/)
Limitations on Mergers and Acquisitions. (a) The Servicer (so long as the Servicer and one of the Originators are the same entity) shall not (i) merge or consolidate with or into any corporation or other entity unless the Servicer or one of the Originators is the surviving entity of any such merger or consolidation or (ii) liquidate or dissolve.
(b) The Borrower will not merge with or into or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions), all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets or capital stock or other ownership interest of, or enter into any joint venture or partnership agreement with, any Person, other than as contemplated by this Agreement and the Repurchase Agreement.
Appears in 1 contract
Samples: Loan Agreement (American Home Mortgage Investment Corp)
Limitations on Mergers and Acquisitions. (a) The Servicer (so long as the Servicer and one of the Originators Originator are the same entity) shall not (i) merge or consolidate with or into any corporation or other entity unless the Servicer is the surviving entity of any such merger or consolidation or (ii) liquidate or dissolve.
(b) The Borrower will not merge with or into or consolidate with or into, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions), all or substantially all of its assets (whether now owned or hereafter acquired) to, or acquire all or substantially all of the assets or capital stock or other ownership interest of, or enter into any joint venture or partnership agreement with, any Person, other than as contemplated by this Restated Loan Agreement and the Repurchase Agreement.
Appears in 1 contract
Samples: Loan Agreement (Pulte Homes Inc/Mi/)