Common use of Liquidation or Merger Clause in Contracts

Liquidation or Merger. The Borrower shall not, and shall cause each of its Subsidiaries not to, at any time liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, or enter into any merger, provided that if no Default then exists or would be caused thereby, the following such transactions are permitted: (i) a merger among the Borrower and one or more Subsidiaries, provided the Borrower is the surviving Person; (ii) a merger between or among two or more Subsidiaries; (iii) an Acquisition permitted hereunder effected by a merger in which the Borrower or a Subsidiary of the Borrower is the surviving Person; and (iv) a liquidation or dissolution of one or more Subsidiaries into its or their parent entity (provided the Borrower or one of its Subsidiaries is such parent entity).

Appears in 2 contracts

Samples: Loan Agreement (Cellnet Data Systems Inc), Loan Agreement (Cellnet Data Systems Inc)

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Liquidation or Merger. The Borrower shall not, and shall cause each of its Restricted Subsidiaries not to, at any time liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, or enter into any merger, provided that if no Default then exists or would be caused thereby, the following such transactions are permitted: (i) a merger among the Borrower and one or more Restricted Subsidiaries, provided the Borrower is the surviving Personcorporation; (ii) a merger between or among two or more Restricted Subsidiaries; (iii) an Acquisition permitted hereunder effected by a merger in which the Borrower or a Restricted Subsidiary of the Borrower is the surviving Person; and (iv) a liquidation or dissolution of one or more Restricted Subsidiaries into its or their parent entity (provided the Borrower or one of its Restricted Subsidiaries is such parent entity).

Appears in 2 contracts

Samples: Loan Agreement (Western Wireless Corp), Loan Agreement (Western Wireless Corp)

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Liquidation or Merger. The Borrower shall not, and shall cause each of its Restricted Subsidiaries not to, at any time liquidate or dissolve itself (or suffer any liquidation or dissolution) or otherwise wind up, or enter into any merger, ; provided that if no Default then exists or would be caused thereby, the following such transactions are permitted: (i) a merger among the Borrower and one or more Restricted Subsidiaries, provided the Borrower is the surviving Personcorporation; (ii) a merger between or among two or more Restricted Subsidiaries; (iii) an Acquisition permitted hereunder effected by a merger in which the Borrower or a Restricted Subsidiary of the Borrower is the surviving Person; and (iv) a liquidation or dissolution of one or more Restricted Subsidiaries into its or their parent entity (provided the Borrower or one of its Restricted Subsidiaries is such parent entity).

Appears in 1 contract

Samples: Credit Agreement (Western Wireless Corp)

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