Merger, Consolidation, Dissolution or Liquidation a. Borrower shall not engage in any Asset Sale other than equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale.
b. Borrower shall not merge or consolidate with any other Person, except for a merger or consolidation with or into any other Borrower, or commence a dissolution or liquidation.
Merger, Consolidation, Dissolution or Liquidation. (a) No Borrower shall sell, lease, license, transfer or otherwise dispose of its Property, other than Inventory, equipment or real estate sold in the ordinary course of business.
(b) No Borrower shall merge or consolidate with any other Person or commence a dissolution or liquidation.
Merger, Consolidation, Dissolution or Liquidation. (a) Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s business; (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Thousand Dollars ($100,000) during any six month period; or (iv) Permitted Dispositions.
(b) Borrower shall not merge or consolidate with any other Person or commence a dissolution or liquidation.
Merger, Consolidation, Dissolution or Liquidation. Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s business; (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Thousand Dollars ($100,000) during any six month period; or (iv)
Merger, Consolidation, Dissolution or Liquidation a. No Borrower shall engage in any Asset Sale other than (i) the sale of Inventory in the ordinary course of business, (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale, (iii) licenses, sublicenses, leases or subleases of Property granted to third parties in the ordinary course of business and not interfering with the business of the Loan Parties; (iv) sales, forgiveness or discounting, on a non-recourse basis and in the ordinary course of business, of past due accounts in connection with the collection or compromise thereof or the settlement of delinquent accounts or in connection with the bankruptcy or reorganization of suppliers or customers; (v) disposition of obsolete equipment; (vi) disposition of cash and cash equivalents; (vii) dispositions to another Borrower; (viii) issuances of capital stock to Parent; and (ix) dispositions resulting from any casualty events, provided the proceeds thereof are applied in accordance with the terms of this Agreement.
b. No Loan Party shall merge or consolidate with any other Person or commence a dissolution or liquidation, other than (i) the merger of a Subsidiary of a Borrower into such Borrower (where such Borrower is the surviving Person) or (ii) the merger of one Borrower with another.
Merger, Consolidation, Dissolution or Liquidation. (a) The Borrower shall not sell, lease, license, transfer or otherwise dispose of its Property, except for:
(i) Equipment in the ordinary course of the Borrower's business; or
Merger, Consolidation, Dissolution or Liquidation. (a) Borrower shall not sell, lease, license, transfer or otherwise dispose of more than 10% of Borrower's aggregate assets during any 12 consecutive month period except in the ordinary course or ordinary operation of Borrower's business and in Securitization Transactions or other non-recourse financing.
(b) Borrower shall not enter into any merger, consolidation, reorganization or recapitalization or acquire all or substantially all of the assets of any other Person or entity except for a merger, consolidation or acquisition in which properties and assets of Borrower are transferred to or combined with, as a single entity, any one Person, so long as (A) no Event of Default or Unmatured Event of Default has occurred hereunder and that after giving effect to such merger, consolidation or acquisition, no Event of Default or Unmatured Event of Default shall have occurred, and (B) Borrower shall be the surviving corporation.
Merger, Consolidation, Dissolution or Liquidation. (a) None of the Borrowers shall sell, lease, license, transfer or otherwise dispose of its Property, other than (i) inventory sold in the ordinary course of such Borrower's business, (ii) obsolete equipment office furniture or vehicles, (iii) to another Borrower, (iv) equipment or office furniture or vehicles with a value of less than $5,000 and (y) the sublease of office space, and the sale of a franchise consistent with Borrowers' current business practices.
(b) None of the Borrowers shall merge or consolidate with any other Person, or commence a dissolution or liquidation, provided, however, that any Borrower or Subsidiary of any Borrower may merge into another Borrower or dissolve and distribute its assets to another Borrower.
(c) None of the Borrowers shall permit their names to be changed without at least thirty (30) days prior written notice to Lender.
Merger, Consolidation, Dissolution or Liquidation. (a) The Borrowers shall not sell, lease, license, transfer or otherwise dispose of any of their Property, other than: (i) Property sold, leased, licensed, transferred or otherwise disposed of in the ordinary course or ordinary operation of Borrowers' business; (ii) Property sold, leased, licensed, transferred or otherwise conveyed by a Borrower to a For-Profit Borrower, or by a Non-Profit Borrower to another Non-Profit Borrower; and (iii) sales, leases, licenses, transfers and other dispositions of Property in an amount not to exceed $100,000 in any calendar year, in each case, without Lender's prior written consent, which consent will not be unreasonably withheld.
(b) The Borrowers shall not merge or consolidate with, or acquire, any Person other than a Borrower, without Lender's prior written consent, except that (i) the For-Profit Borrowers may consummate Permitted Acquisitions, (ii) the For-Profit Borrowers may consummate the Cypress Transaction, and (iii) the Borrowers may consummate transactions excluded from clauses (a), (b) or (c) of the definition of "Change of Control", provided that in the case of transactions excluded from clause (b) of such definition, the surviving Person from any such merger or consolidation shall be a For-Profit Borrower.
(c) No Borrower shall commence a dissolution or liquidation without Lender's prior written consent, except for the dissolution or liquidation of a Borrower into another Borrower.
Merger, Consolidation, Dissolution or Liquidation. No Grantor may consolidate or merge with or into, or sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its properties or assets in one or more related transactions to another corporation, Person or entity unless (a) such Grantor is the surviving corporation or the entity or the Person formed by or surviving any such consolidation or merger (if other than such Grantor) or to which such sale, assignment, transfer, lease, conveyance or other disposition shall have been made is a corporation, Person or entity organized or existing under the laws of the United States, any state thereof or the District of Columbia; (b) the entity or Person formed by or surviving any such consolidation or merger (if other than such Grantor) or the entity or Person to which such sale, assignment, transfer, lease, conveyance or other disposition will have been made assumes all the obligations of such Grantor under this Agreement; and (c) after giving effect to such sale, assignment, transfer, lease, conveyance or other disposition, no Default shall occur under the Indenture;
