Common use of Limitations on Mergers and Liquidation Clause in Contracts

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Owned Subsidiary of any Borrower may merge with any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge with or into any Person acquired in accordance with Section 10.4(c) hereof; and (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any Borrower.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

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Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any Borrower may merge with any Borrower or any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof); and (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any Borrower.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) a. any Wholly Wholly-Owned Subsidiary of any a Borrower may merge with any other Wholly-Owned Subsidiary of any a Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) b. any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof; and); (c) c. any Wholly-Owned Subsidiary of any a Borrower may wind-up into any a Borrower or any other Wholly-Owned Subsidiary (other than of a Restricted Subsidiary) of any Borrower; and d. the Merger.

Appears in 1 contract

Samples: Credit Agreement (JLG Industries Inc)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any the Borrower may merge with any other Wholly-Owned Subsidiary of any the Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof); and (c) any Wholly-Owned Subsidiary of any the Borrower may wind-up into any the Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any the Borrower may merge with any other Wholly-Owned Subsidiary of any the Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof); and (c) any Wholly-Owned Subsidiary of any the Borrower may merge or wind-up into any the Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any Borrower the Company may merge with any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted SubsidiaryCompany; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof11.4(c); and (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any such Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any a Borrower may merge with any other Wholly-Owned Subsidiary of any a Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted under Section 10.4(c9.4(c) hereof; and (c) any Wholly-Owned Subsidiary of any a Borrower may wind-up into any a Borrower or any other Wholly-Owned Subsidiary (other than of a Restricted Subsidiary) of any Borrower.

Appears in 1 contract

Samples: Working Capital Credit Agreement (JLG Industries Inc)

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Limitations on Mergers and Liquidation. Merge, consolidate or -------------------------------------- enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any Borrower the Company may merge with any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted SubsidiaryCompany; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof11.4(c); and (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any such Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Limitations on Mergers and Liquidation. Merge, consolidate or enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any the Borrower may merge with the Borrower or any other Wholly-Owned Subsidiary of any the Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof); and (c) any Wholly-Owned Subsidiary of any the Borrower may wind-up into any the Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Mindspring Enterprises Inc)

Limitations on Mergers and Liquidation. Merge, consolidate -------------------------------------- or enter into any similar combination with any other Person or liquidate, wind-wind- up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any Borrower may merge with any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted Subsidiary; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly-Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof; andand --------------- (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any Borrower.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

Limitations on Mergers and Liquidation. Merge, consolidate or -------------------------------------- enter into any similar combination with any other Person or liquidate, wind-up or dissolve itself (or suffer any liquidation or dissolution) except: (a) any Wholly Wholly-Owned Subsidiary of any Borrower the Company may merge with any other Wholly-Owned Subsidiary of any Borrower, except where the survivor of such merger is a Restricted SubsidiaryCompany; (b) any Wholly-Owned Subsidiary may merge into the Person such Wholly- Owned Subsidiary was formed to acquire in connection with or into any Person acquired in accordance with an acquisition permitted by Section 10.4(c) hereof11.4(c); and (c) any Wholly-Owned Subsidiary of any Borrower may wind-up into any such Borrower or any other Wholly-Owned Subsidiary (other than a Restricted Subsidiary) of any such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

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