Merger; Disposition of Assets. The Borrower will not (i) permit either Broker Subsidiary or Intermediate Parent to (a) merge or consolidate, unless the surviving company is a Controlled Subsidiary, or (b) convey or transfer its properties and assets substantially as an entirety except to one or more Controlled Subsidiaries; or (ii) except as permitted by subsection 7.3(i) sell, transfer or otherwise dispose of any voting stock of Broker Subsidiary or Intermediate Parent, or permit either Broker Subsidiary or Intermediate Parent to issue, sell or otherwise dispose of any of its voting stock, unless, after giving effect to any such transaction, Broker Subsidiary or Intermediate Parent, as the case may be, remains a Controlled Subsidiary.
Merger; Disposition of Assets. Borrower shall not (a) change its capital, shareholder or ownership structure, (b) merge or consolidate with any company, corporation or other entity (c) amend or change its Articles of Incorporation, Code of Regulations or other organizational or governing documents, or (d) sell, transfer or otherwise dispose of all or any substantial part of its assets whether now owned or hereafter acquired.
Merger; Disposition of Assets. The Company shall not, and shall not suffer or permit any of its Restricted Subsidiaries to, merge or consolidate with any Person or, directly or indirectly, sell, lease or transfer or otherwise dispose of (whether in one or a series of transactions) any Property (including accounts and notes receivable, with or without recourse) or enter into any agreement to do any of the foregoing, except that:
Merger; Disposition of Assets. Merge or consolidate with or into any person or entity or lease, sell, transfer or otherwise dispose of any material assets, whether now owned or hereafter acquired, other than in the normal course of business and consistent with past practices.
Merger; Disposition of Assets. Except as set forth on Schedule 5.12, Borrower will not (a) change its capital structure, (b) merge or consolidate with any corporation, (c) amend or change its Articles of Incorporation or Code of Regulations\Bylaws or (d) sell, transfer, lease or otherwise dispose of all or any part of its assets, whether now owned or hereafter acquired, or dispose of its stock in any Subsidiary, whether now owned or hereafter acquired, excepting asset or stock of Subsidiaries of Borrower leased, transferred, or sold in the normal course of Borrower's business the value of which do not exceed in the aggregate an amount equal to five percent (5%) of the total assets of the Borrower at any time that any of the Obligations remain outstanding.
Merger; Disposition of Assets. Borrower will not, without the prior written consent of Bank, which consent shall not be unreasonably withheld, (a) change its capital structure, (b) merge or consolidate with any corporation, (c) amend or change its Articles of Incorporation or Code of Regulations or (d) sell, transfer or otherwise dispose of all or any substantial part of its assets, whether now owned or hereafter required.
Merger; Disposition of Assets. Borrower shall not without Lender’s prior consent, which consent shall not be unreasonably withheld, (a) change its capital structure, (b) merge or consolidate with any entity, (c) amend or change its articles of incorporation, by-laws, or other governing instruments or (d) sell, lease, transfer or otherwise dispose of, or grant any person an option to acquire, or sell and leaseback, all or any substantial portion of its assets, whether now owned or hereafter acquired, except for bona fide sales of inventory or dispositions of equipment in the ordinary course of business.
Merger; Disposition of Assets. Except for a merger and/or a transfer of assets by and between Borrower and any of its Restricted Subsidiaries, Borrower will not nor will it permit any Restricted Subsidiary, after the execution date of this Agreement, (a) to change its capital structure, except as permitted in this Agreement, (b) to merge or consolidate with any corporation or purchase all or any substantial part of the assets of any corporation, (c) to amend or change its Articles of Incorporation, Code of Regulations or By-Laws, Articles of Organization or Operating Agreement or (d) sell, transfer or otherwise dispose of all or any substantial part of its assets, other than in the ordinary course of business, whether now owned or hereafter acquired. Notwithstanding the foregoing Borrower may, without the prior consent of Banks, (i) purchase substantially all of the assets of another corporation, partnership, company or other entity, (ii) purchase stock or other ownership interest in another entity, (iii) merge with another corporation or have another entity merged into it, provided that Borrower comply with each of the following conditions:
Merger; Disposition of Assets. UTI AZ shall not (a) merge or consolidate with any entity unless UTI AZ shall be the continuing or surviving Person, (b) [intentionally deleted], or (c) consummate, or take or permit any action to effectuate, a statutory division under applicable law (including any transfer or allocation of assets effected by any such statutory division) of UTI AZ. 4.18
Merger; Disposition of Assets. Borrower will not (a) change its capital structure, (b) merge or consolidate with any corporation, (c) sell, transfer or otherwise dispose of all or any substantial part of its assets, whether now owned or hereafter acquired, except for sales of Inventory in the ordinary course of business and except for dispositions of property with a book value of less than $10,000 per year which is not used or useful in its business.
