Common use of Merger, Consolidation Clause in Contracts

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Crescent Real Estate Equities Inc), Revolving Credit Agreement (Crescent Real Estate Equities Co), Revolving Credit Agreement (Crescent Real Estate Equities LTD Partnership)

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Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination combination, or agree to effect any asset acquisition, stock acquisition or other acquisition without the prior written consent of the Majority Banks, which consent shall not be unreasonably withheld, except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc)

Merger, Consolidation. The Borrower Each of the Borrowers will not, and will not permit any of its Restricted Subsidiaries to, become a party to any merger, consolidation or other business combination except (i) the merger or consolidation of one or more of the Restricted Subsidiaries of the a Borrower with and into the such Borrower and (ii) the merger or consolidation of two or more Restricted Subsidiaries of the a Borrower.

Appears in 2 contracts

Samples: Master Credit Agreement (Howard Hughes Corp), Master Credit Agreement (Howard Hughes Corp)

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination combination, or agree to effect any asset acquisition, stock acquisition (except as otherwise provided herein) or other acquisition without the prior written consent of the Majority Banks, which consent shall not be unreasonably withheld, except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Revolving Credit Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (Excel Realty Trust Inc)

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower. Notwithstanding any other provision of this Agreement to the contrary, the proposed merger of the Borrower with Station Casinos, Inc. shall require the unanimous consent of the Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Crescent Real Estate Equities Co)

Merger, Consolidation. The Borrower Each of the Borrowers will not, and will not permit any of its Controlled Subsidiaries to, become a party to any merger, consolidation or other business combination except (i) the merger or consolidation of one or more of the Controlled Subsidiaries of the a Borrower with and into the such Borrower and (ii) the merger or consolidation of two or more Controlled Subsidiaries of the a Borrower.

Appears in 1 contract

Samples: Master Credit Agreement (Wellsford Real Properties Inc)

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination combination, or agree to effect any asset acquisition, stock acquisition or other acquisition without the prior written consent of the Majority Lenders except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

Merger, Consolidation. The Borrower will not, not and will not permit any of its Subsidiaries to, become a party to any merger, merger or consolidation or other business combination nor dissolution except (ia) the merger or consolidation of one or more of the Subsidiaries of the Borrower (other than a Securitization Subsidiary) with and into the Borrower and or (iib) the merger or consolidation of two or more Subsidiaries of the BorrowerBorrower (other than a Securitization Subsidiary).

Appears in 1 contract

Samples: Revolving Credit Agreement (American Church Mortgage Co)

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Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination combination, or agree to effect any asset acquisition, stock acquisition or other acquisition without the prior written consent of the Majority Banks except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower provided that no Default or Event of Default exists or will occur as a result thereof and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Loan Agreement (Wellsford Real Properties Inc)

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, consolidation or other business combination combination, or agree to effect any asset acquisition, stock acquisition or other acquisition without the prior written consent of the Majority Banks except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

Merger, Consolidation. The Borrower will not, not and will not permit any of its Subsidiaries to, become a party to any merger, merger or consolidation or other business combination except (ia) the merger or consolidation of one or more of the - 49 - Subsidiaries of the Borrower with and into the Borrower and or (iib) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Foundation Capital Resources Inc)

Merger, Consolidation. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger, merger or consolidation or other business combination without the prior written consent of the Majority Banks except (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower and (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Storage Trust Realty)

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