Common use of Merger, Consolidation, Dissolution or Liquidation Clause in Contracts

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.

Appears in 1 contract

Samples: Loan and Security Agreement (WPCS International Inc)

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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. Except for the Merger, Borrower shall not merge or consolidate with any other PersonPerson or engage in a division, except for a merger or consolidation with or into any other Borrowerconversion, or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan and Security Agreement (Point Therapeutics Inc)

Merger, Consolidation, Dissolution or Liquidation. a. Borrower shall not engage in any Asset Sale other than equipment that is no longer used or useful in Borrower’s business or is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale.. ​ b. Other than a Public Company Merger, Borrower shall not merge or consolidate with any other Person, except for a merger or consolidation with or into any other Borrower, Person or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan and Security Agreement (Western Acquisition Ventures Corp.)

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, unless Borrower shall prepay outstanding amounts under the Revolving Credit Facility in an amount equal to the net proceeds of such Asset Sale (i.e., the gross proceeds less the reasonable and customary costs of such sale or other dispositions) upon Borrower’s receipt thereof. b. Borrower shall not merge or consolidate with any other Person, except for a merger or consolidation with or into any other Borrower, Person or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan Agreement (Lightpath Technologies Inc)

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 Person if a merger Default or consolidation with Event of Default exits or into any other Borrowerwould result after giving effect to such transaction on a pro forma basis, or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan and Security Agreement (KeyStone Solutions, Inc.)

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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 PersonPerson or engage in a division, except for a merger or consolidation with or into any other Borrowerconversion, or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan and Security Agreement ('Mktg, Inc.')

Merger, Consolidation, Dissolution or Liquidation. a. Borrower shall not engage in any Asset Sale other than equipment Equipment that is no longer used or useful in Borrower’s business or 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, Person or commence a dissolution or liquidation.

Appears in 1 contract

Samples: Loan and Security Agreement (Soluna Holdings, Inc)

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, Person or commence a dissolution or liquidationliquidation without the prior written consent of the Lender, which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Loan and Security Agreement (Fly-E Group, Inc.)

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