Common use of Merge or Consolidation, Transfer of Assets Clause in Contracts

Merge or Consolidation, Transfer of Assets. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets except in the ordinary course of its business.

Appears in 7 contracts

Samples: Credit Agreement (Cutter & Buck Inc), Credit Agreement (Design Within Reach Inc), Credit Agreement (Infosonics Corp)

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Merge or Consolidation, Transfer of Assets. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s 's assets except in the ordinary course of its business.

Appears in 7 contracts

Samples: Credit Agreement (Key Technology Inc), Credit Agreement (Radyne Comstream Inc), Credit Agreement (Jalate LTD Inc)

Merge or Consolidation, Transfer of Assets. Merge into or ------------------------------------------ consolidate with any other entity; make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s 's assets except in the ordinary course of its business.

Appears in 1 contract

Samples: Credit Agreement (Somera Communications Inc)

Merge or Consolidation, Transfer of Assets. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entityentity with the exception that Borrower may acquire all or substantially all of the assets of any other entity up to an amount of $3,000,000; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s 's assets except in the ordinary course of its business.

Appears in 1 contract

Samples: Credit Agreement (Southwall Technologies Inc /De/)

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Merge or Consolidation, Transfer of Assets. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; acquire all or substantially all of the assets of any other entityentity with the exception that Borrower may acquire all or substantially all of the assets of any other entity up to an amount of $3,000,000; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s 's assets except in the ordinary course of its business.

Appears in 1 contract

Samples: Credit Agreement (Southwall Technologies Inc /De/)

Merge or Consolidation, Transfer of Assets. Merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s business as conducted as of the date hereof; subject to Section 5.4 hereof, acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets except in the ordinary course of its business.

Appears in 1 contract

Samples: Credit Agreement (International Displayworks, Inc)

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