Liquidations, Mergers, Consolidations. Each of the Borrowers shall not, and shall not permit any of its Subsidiaries to, dissolve, liquidate or wind-up its affairs, or become a party to any merger or consolidation, provided that any Borrower (other than the Company) may consolidate or merge into another Borrower and any Subsidiary of a Borrower may consolidate or merge into any Borrower or any Wholly-owned Subsidiary of a Borrower so long as the Borrower or a Wholly-owned Subsidiary is the surviving corporation of such consolidation or merger.
Appears in 1 contract
Samples: Credit Agreement (Borders Group Inc)
Liquidations, Mergers, Consolidations. Each of the Borrowers shall not, and shall not permit any of its Subsidiaries to, dissolve, liquidate or wind-up its affairs, or become a party to any merger or consolidation, provided that any Borrower (other than the Company) may consolidate or merge into another Borrower and any Subsidiary of a Borrower may consolidate or merge into any Borrower or any Wholly-owned Subsidiary of a Borrower so long as (i) the Borrower or a Wholly-owned Subsidiary is the surviving corporation of such consolidation or mergermerger and (ii) no Event of Default shall have occurred and be continuing or result therefrom.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility (Borders Group Inc)
Liquidations, Mergers, Consolidations. Each of the Borrowers Guarantors shall not, and shall not permit any of its Subsidiaries to, dissolve, liquidate or wind-up its affairs, or become a party to any merger or consolidation, provided that any Borrower Guarantor (other than the Company) may consolidate or merge into another Borrower Guarantor and any Subsidiary of a Borrower Guarantor may consolidate or merge into any Borrower Guarantor or any Wholly-owned Subsidiary of a Borrower Guarantor so long as (i) the Borrower Guarantor or a Wholly-owned Subsidiary is the surviving corporation of such consolidation or mergermerger and (ii) no Event of Default shall have occurred and be continuing or result therefrom.
Appears in 1 contract
Liquidations, Mergers, Consolidations. Each of the Borrowers shall not, and shall not permit any of its Subsidiaries to, dissolve, liquidate or wind-up its affairs, or become a party to any merger or consolidation, provided that any Borrower (other than the Company) may consolidate or merge into another Borrower and any Subsidiary of a Borrower may consolidate or merge into any Borrower or any Wholly-owned Subsidiary of a Borrower so long as as
(i) the Borrower or a Wholly-owned Subsidiary is the surviving corporation of such consolidation or mergermerger and (ii) no Event of Default shall have occurred and be continuing or result therefrom.
Appears in 1 contract
Samples: Credit Agreement (Borders Group Inc)