Common use of Merger and Sale of Assets Clause in Contracts

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 42 contracts

Samples: Second Amendment Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (Bel Fuse Inc /Nj), Credit and Security Agreement (DMC Global Inc.)

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Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 12 contracts

Samples: Assignment Agreement (Davey Tree Expert Co), Guaranty Agreement (Davey Tree Expert Co), Assignment Agreement (Davey Tree Expert Co)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of businessPerson, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 7 contracts

Samples: Credit Agreement (PTC Inc.), Credit Agreement (PTC Inc.), Credit Agreement (PTC Inc.)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, liquidate, wind-up or dissolve itself, or sell, lease or transfer or otherwise dispose of any assets to any Person other than Inventory in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 4 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Ultralife Corp), Credit and Security Agreement (Regional Brands Inc.)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, Person or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessPerson, except that, that if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 3 contracts

Samples: Credit Agreement (Amcast Industrial Corp), Assignment and Acceptance Agreement (Steris Corp), Credit Agreement (Amcast Industrial Corp)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose Dispose of any assets to any Person Person, and whether effected pursuant to a Division or otherwise, other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 3 contracts

Samples: Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp), Credit and Security Agreement (Sleep Number Corp)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist, and unless otherwise prohibited by the Senior Notes Documents:

Appears in 3 contracts

Samples: Credit and Security Agreement, Credit and Security Agreement (Kratos Defense & Security Solutions, Inc.), Credit and Security Agreement (Kratos Defense & Security Solutions, Inc.)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person Person, other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit and Security Agreement (MTC Technologies Inc), Credit and Security Agreement (MTC Technologies Inc)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person (other than Borrower or any other Credit Party) other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit Agreement (Cintas Corp), Credit Agreement (Cintas Corp)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, corporation or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessperson or entity, except that, that if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit Agreement (Greif Brothers Corp), Standard Products Co

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, corporation or sell, lease or transfer or otherwise otherwise, dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessor entity, except that, that if no Default Under This Agreement or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit Agreement (Oglebay Norton Co /Ohio/), Credit Agreement (Oglebay Norton Co /Ohio/)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessPerson, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit Agreement (Applied Industrial Technologies Inc), Credit Agreement (Applied Industrial Technologies Inc)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets (including pursuant to a statutory division) to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (TTEC Holdings, Inc.)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessPerson, except that, if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 2 contracts

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/), Assignment Agreement (Oglebay Norton Co /New/)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose disposeDispose of any assets to any Person Person, and whether effected pursuant to a Division or otherwise, other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Credit and Security Agreement (Sleep Number Corp)

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Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, Person or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessPerson, except that, if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Applied Industrial Technologies Inc)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, liquidate, wind-up or dissolve itself, or sell, lease or transfer or otherwise dispose of any assets to any Person other than Inventory in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Credit and Security Agreement (Ultralife Corp)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:: (a) any Subsidiary may merge or consolidate with (i) Borrower (provided that Borrower shall be the continuing or surviving Person) or (ii) any one or more Guarantors

Appears in 1 contract

Samples: Credit Agreement (Davey Tree Expert Co)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, Person or (except as specifically permitted pursuant to Section 5.18 hereof) sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessPerson, except that, that if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Assignment Agreement (Steris Corp)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets (including the capital stock of a Subsidiary) to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Smucker J M Co)

Merger and Sale of Assets. No Company shall merge, amalgamate or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Credit Agreement (Cooper Companies Inc)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any assets to any Person other than in the ordinary course of business and other than the disposition of obsolete equipment that is no longer useful in the ordinary course of business, except that, if no Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Credit and Security Agreement (Res Care Inc /Ky/)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, corporation or sell, lease or transfer or otherwise dispose of any all or a substantial part of its assets to any Person other than in the ordinary course of businessor entity, except that, that if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co)

Merger and Sale of Assets. No Company shall merge, amalgamate merge or consolidate with any other Person, or sell, lease or transfer or otherwise dispose of any Collateral or all or substantially all of its assets (as an entirety or substantially as an entirety in one transaction or a series of related transactions) to any Person other than in the ordinary course of business, except that, that if no Unmatured Event of Default or Event of Default shall then exist or immediately thereafter shall begin to exist:

Appears in 1 contract

Samples: First Amendment Agreement (Aircraft Service International Group Inc)

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