Common use of Merger, Consolidation, Acquisition and Sale of Assets Clause in Contracts

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 17 contracts

Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc), Security Agreement (Lesco Inc/Oh), Revolving Credit (Allied Motion Technologies Inc)

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Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it.

Appears in 16 contracts

Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Tecumseh Products Co)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or Person, permit any other Person to consolidate with or merge with it., or acquire all or substantially all of the assets or Equity Interests of any Person, or of any division or line of business of any Person, except that:

Appears in 12 contracts

Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/), Term Loan Credit and Security Agreement (Quantum Corp /De/)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it, except with the express written consent of Agent and (i) among Credit Parties and (ii) as may be permitted under Section 7.4.

Appears in 4 contracts

Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it, except Permitted Acquisitions or the merger of a Subsidiary into another Subsidiary or the Borrower.

Appears in 4 contracts

Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Other than a Permitted Acquisition, and any merger, consolidation, amalgamation, or other reorganization of a Borrower into another Borrower, enter into any merger, consolidation consolidation, amalgamation, or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge or amalgamate with it.

Appears in 3 contracts

Samples: , and Security Agreement (Rocky Brands, Inc.), Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any other Person or consummate an LLC Division or permit any other Person to consolidate with or merge with it., except:

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Security Agreement (Viant Technology Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Wind up, liquidate or dissolve its affairs; enter into any transaction of merger, consolidation or other reorganization with or into any other Person or permit any other Person to consolidate with or merge with it; acquire all or a substantial portion of the assets or stock of any Person Person; sell, pledge, lease transfer or permit otherwise dispose of any of its property or assets other Person to consolidate with or merge with it.than Inventory in the ordinary course of business; except that the following shall be permitted:

Appears in 3 contracts

Samples: Credit and Security (Stoneridge Inc), Credit and Security Agreement (Stoneridge Inc), Credit and Security Agreement (Stoneridge Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or or, except as permitted by Section 7.4, acquire all or a substantial portion of the assets or stock of any Person Person, or permit any other Person to consolidate with or merge with itit other than a merger or consolidation of a Borrower into Borrowing Agent, a Subsidiary of a Borrower into such Borrower, and/or of Loan Parties that are not Borrowers into each other.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation amalgamation, consolidation, arrangement or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person Person, consummate an LLC Division or permit any other Person to consolidate with or merge or amalgamate with it., except:

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or consummate an LLC Division or permit any other Person to consolidate with or merge with it., provided that:

Appears in 2 contracts

Samples: Loan and Security Agreement (Ati Inc), Security Agreement (Allegheny Technologies Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it.; or

Appears in 2 contracts

Samples: Subordination Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Revolving Credit, Term Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Except for the Grant Acquisition, enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it.

Appears in 2 contracts

Samples: Security Agreement (Geokinetics Inc), Loan and Security Agreement (Geokinetics Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than a Borrower) or acquire all or a substantial portion of the assets or stock Equity Interests of any Person (other than a Borrower) or permit any other Person (other than a Borrower) to consolidate with or merge with it.

Appears in 2 contracts

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock equity interests of any Person or permit any other Person to consolidate with or merge with it.

Appears in 2 contracts

Samples: Installment Sale Agreement (KonaTel, Inc.), Installment Sale Agreement (SurgePays, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it., except that:

Appears in 2 contracts

Samples: Security Agreement (Integrated Biopharma Inc), Securities Purchase Agreement (Integrated Biopharma Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except that the Subsidiary Guarantor may merge with and into the Borrower, so long as the Borrower is the surviving entity.

Appears in 2 contracts

Samples: Security Agreement (TCP International Holdings Ltd.), Security Agreement (TCP International Holdings Ltd.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it.it except a Subsidiary may merge into any Borrower so long as such Borrower is the surviving entity in any such merger;

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than another Borrower) or acquire all or a substantial portion of the assets or stock of any Person (other than another Borrower) or permit any other Person (other than another Borrower) to consolidate with or merge with it.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Credit and Security Agreement (Styrochem International Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or Person, permit any other Person to consolidate with or merge with it., acquire all or a substantial portion of the assets or Equity Interests of any Person or of any division or line of business of any Person, or consummate an LLC Division, except that:

Appears in 2 contracts

Samples: Security Agreement (Babcock & Wilcox Enterprises, Inc.), And (Babcock & Wilcox Enterprises, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than a Subsidiary or Affiliate) or acquire all or a substantial portion of the assets or stock of any Person (other than a Subsidiary or Affiliate) or permit any other Person (other than a Subsidiary or Affiliate) to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Gencor Industries Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.;

Appears in 1 contract

Samples: Tristar Corp

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person Person, or acquire all or a substantial portion of the assets or stock Equity Interests of any Person other than another Borrower, or permit any other Person (other than another Borrower) to consolidate with or merge with it, other than Permitted Acquisitions.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Pietrafesa Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) a. Enter into any merger, consolidation or other reorganization with or into any other Person (other than another Borrower) or acquire all or a substantial portion of the assets or stock Equity Interests of any Person (other than another Borrower) or permit any other Person (other than another Borrower) to consolidate with or merge with it.

Appears in 1 contract

Samples: Credit and Security Agreement (Compudyne Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itit except for a merger or consolidation of a Borrower with another Borrower (any of the foregoing actions herein called an “Acquisition”).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Zanett Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itit in any manner that would have a Material Adverse Effect.

Appears in 1 contract

Samples: Security Agreement (Enservco Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter a)Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit except that any Borrower may merge or consolidate with another Borrower provided that the surviving corporation duly assumes all -58- 113 Obligations hereunder and executes any documents and agreements requested by Agent in connection therewith.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (General Datacomm Industries Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Other than transactions among Borrowers or a Permitted Acquisition, enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Valuevision Media Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Except with respect to any Permitted Acquisition, enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock ownership interests of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (HMG Worldwide Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) (i) Enter into any merger, consolidation or other reorganization with or into any other Person or Person, (ii) acquire all or a substantial portion substantially all of the assets assets, a line of business, operational division, or stock unit of any Person, (iii) acquire the Equity Interests of any Person or (iv) permit any other Person to consolidate with or merge with it, without the prior written consent of Agent, in the exercise of its sound business judgment.

Appears in 1 contract

Samples: Security Agreement (Kitty Hawk Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit without Lender's prior written consent.

Appears in 1 contract

Samples: Security Agreement (Meridian Sports Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itit other than (i) any merger, consolidation or other reorganization by a Borrower into a Borrower, (ii) pursuant to a Permitted Acquisition, (iii) pursuant to a Permitted Joint Venture, or (iv) pursuant to a Permitted Disposition.

Appears in 1 contract

Samples: Security Agreement (Skullcandy, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of Equity Interests issued by any Person or permit any other Person to consolidate with or merge with it.it except where:

Appears in 1 contract

Samples: Security Agreement (Goodman Networks Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itBorrowers, without the prior written consent of Lender.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Tii Industries Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (ai) Enter into any merger, consolidation or other reorganization reorganisation with or into any other Person (other than another Borrower) or acquire all or a substantial portion of the assets or stock of any Person (other than another Borrower) or permit any other Person (other than another Borrower) to consolidate with or merge with it.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it, which causes a Change of Control.

Appears in 1 contract

Samples: Security Agreement (Ante5, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than the Merger) or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Eos International Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or without the prior consent of Agent, acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itany of them.

Appears in 1 contract

Samples: Security Agreement (Absolute Life Solutions, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter Except for Approved Acquisitions, enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Capital Stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (HLM Design Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter a)Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it. (b)Sell, lease, transfer or otherwise dispose of any of its properties or assets or the properties or assets of Measurement LTD. and Jingliang Electronics Co., LTD., except in the ordinary course of its business. 7.2.

Appears in 1 contract

Samples: Credit, Term Loan And Security Agreement (Measurement Specialties Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it; provided, however, any Borrower may merge or consolidate with (i) another Borrower or (ii) an entity acquired in a Permitted Acquisition so long as such Borrower is the surviving entity.

Appears in 1 contract

Samples: Security Agreement (Robotic Vision Systems Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or or, except for Permitted Acquisitions, acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Intelligroup Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it., except:

Appears in 1 contract

Samples: Credit and Security Agreement (Finish Line Inc /In/)

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Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Security Agreement (Franklin Electronic Publishers Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (including the division of any Borrower into two or more entities) or acquire all or a substantial portion of the assets assets, Equity Interests, or stock any operating division of any Person or permit any other Person to consolidate with or merge with it, except (i) Permitted Acquisitions, and (ii) the De-ani Acquisition if no Default or Event of Default is continuing or would result therefrom.

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit other than a merger or consolidation of a Borrower into another Borrower, a direct or indirect wholly-owned Subsidiary of a Borrower into any Borrower, and/or of Loan Parties that are not Borrowers into each other.

Appears in 1 contract

Samples: Loan and Security Agreement (Brown Jordan International Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than a merger of a wholly-owned Subsidiary of Borrower with and into Borrower) or acquire all or a substantial portion of the assets or stock of any Person (other than the Costa Rican Joint Venture) or permit any other Person to consolidate with or merge with itit (other than a merger of a wholly-owned Subsidiary of Borrower with and into Borrower) .

Appears in 1 contract

Samples: Revolving Credit And (Swank Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, amalgamation, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to amalgamate with, consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Katy Industries Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it, provided, however, any Subsidiary of the Borrower may be merged with and into the Borrower so long as the Borrower is the surviving entity and prior written notice is provided to the Agent.

Appears in 1 contract

Samples: Security Agreement (Blonder Tongue Laboratories Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, amalgamation, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or consummate an LLC Division or permit any other Person to consolidate with or merge or amalgamate with it., provided that:

Appears in 1 contract

Samples: Security Agreement (Worthington Steel, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itit except: (i) any Borrower may merge or consolidate with or into another Borrower; (ii) any Borrower may acquire all of the assets or Equity Interests of another Borrower; and (iii) Permitted Acquisitions.

Appears in 1 contract

Samples: Security Agreement (Crocs, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into Consolidate with, merge with, or acquire the stock or assets of any Person, firm, joint venture, partnership, corporation, or other entity, whether by merger, consolidation consolidation, purchase of stock or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itotherwise, except for Permitted Acquisitions.

Appears in 1 contract

Samples: Security Agreement (Bio Reference Laboratories Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with itit except with or to another Borrower that is an entity organized under the laws of any state in the United States.

Appears in 1 contract

Samples: Security Agreement (Sparton Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) 7.1.1 Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Subordination Agreement (Obsidian Enterprises Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit without Lender's consent.

Appears in 1 contract

Samples: Credit and Security Agreement (Canisco Resources Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) i. Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or Person, permit any other Person to consolidate with or merge with it., or acquire all or substantially all of the assets or Equity Interests of any Person, or of any division or line of business of any Person, except that:

Appears in 1 contract

Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person Person, or permit any other Person to consolidate with or merge with it., or consummate an LLC Division, provided that either Borrower may permit any corporation or other corporate form of Person to be merged into such Borrower, or may consolidate with or merge into to any 46

Appears in 1 contract

Samples: Loan and Security Agreement (United States Steel Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it; provided that (i) Borrowers may enter into Permitted Acquisitions and (ii) so long as no Default or Event of Default has occurred or is continuing, any Borrower may, upon prior written notice to Agent, enter into any such transactions with another Borrower.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it, provided that any Borrower may consolidate or merge with any other Borrower, provided further that Kable may only consolidate with or merge with another Borrower if it is the surviving entity.

Appears in 1 contract

Samples: Security Agreement (Amrep Corp.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock Equity Interests of any Person or permit any other Person to consolidate with or merge with it, or agree to do any of the foregoing.

Appears in 1 contract

Samples: Security Agreement (Emerge Energy Services LP)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it; provided, however, that any Subsidiary may merge with and into Borrower so long as Borrower is the surviving entity.

Appears in 1 contract

Samples: Credit and Security Agreement (Badger Paper Mills Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it; provided, however, any Borrower may merge or consolidate with or into any other Borrower.

Appears in 1 contract

Samples: Health Chem Corp

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it., or make any Acquisition, except that:

Appears in 1 contract

Samples: Loan and Security Agreement (Swenson Granite Co LLC)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit other than a merger or consolidation of a Subsidiary of the Borrowers into the Borrowers, and/or of Loan Parties other than the Borrowers into each other.

Appears in 1 contract

Samples: Loan and Security Agreement (Jaco Electronics Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution) or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person other than a Borrower or acquire all or a substantial portion of the assets or stock of any Person other than a Borrower or permit any other Person to consolidate with or merge with itit other than a borrower.

Appears in 1 contract

Samples: Security Agreement (Batteries Batteries Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, amalgamation, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Sunsource Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person (other than the acquisition by Borrower of the capital stock of the India Subsidiary), or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Kenexa Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or stock of any Person or permit any other Person to consolidate with or merge with itit other than a merger or consolidation of a Borrower into Borrowing Agent, a Subsidiary of a Borrower into such Borrower, and/or of Loan Parties that are not Borrowers into each other.

Appears in 1 contract

Samples: Loan and Security Agreement (Bucyrus International Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person (other than another Borrower) or acquire all or a substantial portion of the assets or stock Equity Interests of any Person (other than another Borrower) or permit any other Person to consolidate with or merge with it.

Appears in 1 contract

Samples: Security Agreement (Valuevision Media Inc)

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