Common use of MERGER, CONSOLIDATION, TRANSFER OF ASSETS Clause in Contracts

MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Borrower shall not merge into or consolidate with any other entity; make any substantial change in the nature of Borrower’s business as conducted as of the date hereof; nor sell, lease (except in the ordinary course of Borrower’s business), transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets. Disposition of assets shall occur only in the normal course of business or in circumstances of replacement for obsolescence.

Appears in 2 contracts

Samples: Amended and Restated Loan Agreement (Zagg INC), Loan Agreement (Zagg INC)

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MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Borrower shall not Not merge into or consolidate with any other entity; nor make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; nor sell, lease (except in the ordinary course of Borrower’s business)lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets. Disposition of 's assets shall occur only except in the normal ordinary course of business or in circumstances of replacement for obsolescenceits business.

Appears in 1 contract

Samples: Active Voice Corp

MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Borrower shall not merge Merge into or consolidate with any other entityentity (except mergers or consolidations whereby Borrower is the surviving corporation or mergers or consolidations of a subsidiary of Borrower with or into any other subsidiary of Borrower, in each case, so long as immediately after giving effect to such transaction, no Event of Default shall have occurred and be continuing); make any substantial change in the nature of Borrower’s 's business as conducted as of the date hereof; nor sell, lease (except in the ordinary course of Borrower’s business)lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets. Disposition of 's assets shall occur only except in the normal ordinary course of business or in circumstances of replacement for obsolescenceits business.

Appears in 1 contract

Samples: Credit Agreementphic (Lindsay Manufacturing Co)

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MERGER, CONSOLIDATION, TRANSFER OF ASSETS. Borrower shall not merge Merge into or consolidate with any other entityentity (except mergers or consolidations whereby Borrower is the surviving corporation or mergers or consolidations of a subsidiary of Borrower with or into any other subsidiary of Borrower, in each case, so long as immediately after giving effect to such transaction, no Event of Default shall have occurred and be continuing); make any substantial change in the nature of Borrower’s business as conducted as of the date hereof; nor sell, lease (except in the ordinary course of Borrower’s business)lease, transfer or otherwise dispose of all or a substantial or material portion of Borrower’s assets. Disposition of assets shall occur only except in the normal ordinary course of business or in circumstances of replacement for obsolescenceits business.

Appears in 1 contract

Samples: Credit Agreement (Lindsay Corp)

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