Common use of Maintenance of Existence; Fundamental Changes to the Borrower Clause in Contracts

Maintenance of Existence; Fundamental Changes to the Borrower. (i) Change its legal form or amend or modify its organizational documents in any manner that materially and adversely affects BlaO’s rights or remedies under the Financing Documents; and (ii) Undertake or permit any merger, consolidation, spin-off or reorganization unless: (a) it shall be the surviving entity; and (b) immediately prior to or after giving effect to such transaction (and treating all liabilities assumed as a result of such transaction as having been incurred by it at the time of such transaction), no Default shall exist.

Appears in 2 contracts

Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)

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Maintenance of Existence; Fundamental Changes to the Borrower. (i) Change its legal form or amend or modify its organizational documents in any manner that materially and adversely affects BlaOIDB Invest’s rights or remedies under the Financing Documents; and (ii) Undertake or permit any merger, consolidation, spin-off or reorganization unless: (a) it shall be the surviving entity; and (b) immediately prior to or after giving effect to such transaction (and treating all liabilities assumed as a result of such transaction as having been incurred by it at the time of such transaction), no Default shall exist.. CONFIDENTIAL

Appears in 2 contracts

Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)

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