Merger, Consolidation and 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 Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except that, to the extent multiple Borrowers exist at any time, so long as Borrowing Representative gives Lender at least thirty (30) days’ advance written notice to such effect, (a) any Borrower may merge into, or consolidate with, any other Borrower, so long as a Borrower is the survivor of such merger or consolidation, and (b) any Borrower may acquire all or any substantial portion of the assets of any other Borrower. 7.2
Appears in 2 contracts
Samples: Credit Agreement (Tecogen Inc.), Credit Agreement (Tecogen Inc.)
Merger, Consolidation and 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 Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except that, (a) that to the extent multiple Borrowers exist at any time, so long as Borrowing Representative gives Lender at least thirty (30) days’ days advance written notice to such effect, (ai) any Borrower may merge into, or consolidate with, any other BorrowerBorrower or MPAV, so long as a Borrower is the survivor of such merger or consolidation, and (bii) any Borrower may acquire all or any substantial portion of the assets or Equity Interests of any other Borrower. 7.2Borrower or MPAV or (b) any applicable investment expressly permitted under Section 7.5.
Appears in 1 contract
Merger, Consolidation and 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 Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except that, to the extent multiple Borrowers exist at any time, so long as Borrowing Representative gives Lender at least thirty (30) days’ days advance written notice to such effect, (ai) any Borrower may merge into, or consolidate with, any other Borrower, so long as a Borrower is the survivor of such merger or consolidation, and (bii) any Borrower may acquire all or any substantial portion of the assets or Equity Interests of any other Borrower. 7.2.
Appears in 1 contract
Samples: Credit and Security Agreement (Omni Energy Services Corp)
Merger, Consolidation and 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 Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except that, to the extent multiple Borrowers exist at any time, (a) that so long as Borrowing Representative gives Lender the Borrowers give the Lenders at least thirty (30) days’ days advance written notice to such effect, (ai) any Borrower may merge into, or consolidate with, any other Borrower, so long as a Borrower is the survivor of such merger or consolidation, and (bii) any Borrower may acquire all or any substantial portion of the assets or Equity Interests of any other Borrower. 7.2Borrower or (b) any applicable investment expressly permitted under Section 7.05.
Appears in 1 contract
Merger, Consolidation and 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 Equity Interests of any Person or permit any other Person to consolidate with or merge with it, except (a) that, to the extent multiple Borrowers exist at any time, so long as Borrowing Representative the Borrower gives Lender at least thirty (30) days’ advance written notice to such effect, (ai) any the Borrower may merge into, or consolidate with, any other Borrower, so long as a the Borrower is the survivor of such merger or consolidation, and (bii) any the Borrower may acquire all or any substantial portion of the assets or Equity Interests of any other Borrower. 7.2Borrower and (b) Permitted Acquisitions.
Appears in 1 contract
Samples: Credit Agreement (Precision Aerospace Components, Inc.)