Liquidation, Merger, etc. The Company shall not adopt a plan of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization.
Liquidation, Merger, etc. Without prior written consent of Lender, liquidate or dissolve, or enter into any consolidation, merger, partnership, joint venture or other combination, or sell, lease or dispose of its business or assets as a whole or such as in the opinion of Lender constitute a substantial portion thereof except:
(a) mergers and consolidations of a Subsidiary of Borrower into Borrower or a Subsidiary (with Borrower or its Subsidiary as the surviving entity) or of Borrower or Subsidiaries of Borrower with each other, provided that Borrower and each of such Subsidiaries
(b) the Merger;
(c) the Post-Merger Business Combinations and other business combinations consented to by Lender in writing;
(d) a merger or consolidation of Borrower or any Subsidiary with any other Person, provided that (i) either (A) Borrower or its Subsidiary is the surviving entity, or (B) the surviving entity is a corporation organized under the laws of a State of the United States of America or the District of Columbia and, as of the date of such merger or consolidation, expressly assumes, by an appropriate instrument, the Obligations of Borrower or its Subsidiary, as the case may be, and (ii) giving effect thereto on a pro-forma basis, no Default or Event of Default exists or would result therefrom.
Liquidation, Merger, etc. It shall not wind up, liquidate or dissolve itself, reorganize, merge or consolidate with or into, or convey, sell, assign, 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 any Person, or acquire all or a substantial portion of the assets or the business of any Person, except for purchases of inventory and equipment in the ordinary course of business.
Liquidation, Merger, etc. Liquidate or dissolve, or enter into any consolidation, merger, partnership, joint venture or other combination, or sell, lease or dispose of its business or assets as a whole or
(a) mergers and consolidations of a Subsidiary of Borrower into Borrower or a Subsidiary (with Borrower or its Subsidiary as the surviving entity) or of Borrower or Subsidiaries of Borrower with each other, provided that Borrower and each of such Subsidiaries have executed such amendments to the Loan Documents as the Administrative Agent may reasonably determine are appropriate as a result of such merger; and
(b) a merger or consolidation of Borrower or any Subsidiary with any other Person, provided that (i) either (A) Borrower or its Subsidiary is the surviving entity, or (B) the surviving entity is a corporation organized under the laws of a State of the United States of America or the District of Columbia and, as of the date of such merger or consolidation, expressly assumes, by an appropriate instrument, the Obligations of Borrower or its Subsidiary, as the case may be, and (ii) giving effect thereto on a pro-forma basis, no Default or Event of Default exists or would result therefrom.
Liquidation, Merger, etc. It shall not wind up, liquidate or dissolve itself, reorganize, merge or consolidate with or into, or convey, sell, assign, 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 any Person, except one of the RB Companies.
Liquidation, Merger, etc. LFC SHALL NOT WIND UP, LIQUIDATE OR DISSOLVE ITSELF, REORGANIZE, MERGE OR CONSOLIDATE WITH OR INTO, OR CONVEY, SELL, ASSIGN, 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 ANY PERSON, OR ACQUIRE ALL OR A SUBSTANTIAL PORTION OF THE ASSETS OR THE BUSINESS OF ANY PERSON, EXCEPT FOR PURCHASES OF INVENTORY AND EQUIPMENT IN THE ORDINARY COURSE OF BUSINESS.
Liquidation, Merger, etc. Adopt a plan of complete or partial liquidation, dissolution, merger, consolidation, restructuring, recapitalization or other reorganization of Heat-N-Glo (other than the Merger);
Liquidation, Merger, etc. Neither
(i) Liquidate, merge or consolidate with or into any other person or take any action in furtherance of any thereof; (ii) permit any other person to consolidate with or merge into it, nor (iii) sale, assign or dispose of substantially all of its assets in one or a series transactions.
Liquidation, Merger, etc. (i) Liquidate or merge or consolidate ------------------------ with or into any other Person or take any action in furtherance thereof; (ii) permit any other Person to consolidate with or merge into it; (iii) sell, convey, assign, lease or otherwise transfer or dispose of, in a single transaction or a series of related transactions, any part of its assets other than in the ordinary course of business; provided that in any given fiscal year, the Borrower may sell or cause to be sold any Fixed Assets having, in the aggregate, a net book value not in excess of ten percent (10%) of Fixed Assets and provided further that sales made by Allin Interactive Corporation, which otherwise comply with the provisions of this Agreement, shall not be subject to this ten percent (10%) limitation; or (iv) enter into any joint venture with any Person.
Liquidation, Merger, etc. Upon the effective date of the liquidation, dissolution or winding-up of the Company or of a merger or consolidation of the Company with one or more corporations in which the Company is not the surviving corporation, the Warrant and any right to purchase shares thereunder shall terminate, but the holder shall have the right immediately prior to such effective date to purchase the full (or any part thereof) number of shares under the Warrant which the holder would otherwise have been entitled to purchase during the remaining term of the Warrant.
