Merger, Consolidation, Sale of Assets. In the event of (a) a merger of Systems with another corporation (other than CSGS) in a transaction in which Systems is not the surviving corporation, (b) the consolidation of Systems into a new corporation resulting from such consolidation, (c) the sale or other disposition of all or substantially all of the assets of Systems, the Companies may assign this agreement and all of the rights and obligations of the Companies under this agreement to the surviving, resulting, or acquiring entity (for purposes of this agreement, a “Permitted Assignee”); provided, that such surviving, resulting, or acquiring entity shall in writing assume and agree to perform all of the obligations of the Companies under this agreement; and provided further, that the Companies shall remain jointly and severally liable for the performance of the obligations of the Companies under this agreement in the event of a failure of the Permitted Assignee to perform its obligations under this agreement.
Merger, Consolidation, Sale of Assets. If the Company shall merge into or consolidate with another corporation or corporations, or if all or substantially all of the assets of the Company are transferred to another corporation, the shares of which are issued to stockholders of the Company in connection with such merger, consolidation or transfer, then the terms "RightCHOICE Managed Care, Inc." or the "Company" shall be construed, so long as the Marks continue to be licensed by such entity from BCBSA, to include such successor corporation, and the Trustee shall receive and hold under this Agreement any shares of such successor corporation received by it on account of its ownership as Trustee of shares of Capital Stock held by it hereunder prior to such merger, consolidation or transfer.
Merger, Consolidation, Sale of Assets. Merge into or consolidate with any corporation or other entity or acquire all or substantially all of the assets of any other corporation or entity; or sell, lease, assign, transfer or otherwise dispose of all or substantially all of its assets.
Merger, Consolidation, Sale of Assets. Borrower will not enter into any merger, consolidation, share exchange or similar transaction or, except in the ordinary course of business, sell or transfer all or a substantial part of its assets or earning power.
Merger, Consolidation, Sale of Assets. Borrower shall not merge, consolidate or otherwise alter Borrower's form of business, or acquire all or substantially all of the assets of any other corporation or entity; or sell, lease, assign, or otherwise dispose of more than twenty percent (20%) of control of Borrower's business assets to another entity without the prior written approval of the Committee.
Merger, Consolidation, Sale of Assets. The Company will not merge, consolidate or dispose of all or substantially all its assets, except a merger or consolidation pursuant to which the Company is the surviving corporation. This section shall not in any way limit the ability of the Company (i) to sell inventory or (ii) to sell other assets, each in the ordinary course of business.
Merger, Consolidation, Sale of Assets. The Borrower shall not, and shall not permit any Subsidiary, to:
Merger, Consolidation, Sale of Assets. In the event of (a) a merger of Pamida with another corporation in a transaction in which Pamida is not the surviving corporation, (b) the consolidation of Pamida into a new corporation resulting from such consolidation, (c) the sale or other disposition of all or substantially all of the assets of Pamida, the Companies may assign this agreement and all of the rights and obligations of the Companies under this agreement to the surviving, resulting, or acquiring entity (a "Permitted Assignee"); provided, that such surviving, resulting, or acquiring entity shall in writing assume and agree to perform all of the obligations of the Companies under this agreement; and provided further, that the Companies shall remain jointly and severally liable for the performance of their obligations under this agreement in the event of a failure of the Permitted Assignee to perform its obligations under this agreement.
Merger, Consolidation, Sale of Assets. In the event of a future disposition of (or including) the properties and business of the Company, substantially as an entirety, by merger, consolidation, sale of assets, or otherwise, then the Company may elect:
Merger, Consolidation, Sale of Assets. Borrower shall not merge into or consolidate with any corporation or other entity, or sell, lease, assign, transfer or otherwise dispose of all or substantially all of its assets other than in the ordinary course of business.
