Merger of Seller. Seller shall not, at any time, directly or indirectly (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control or sell all or substantially all of its Property (other than in connection with an asset-based financing or other secondary market transaction related to the Seller’s assets in the ordinary course of the Seller’s business) without providing Purchaser with not less than forty-five (45) days’ prior written notice of such event; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect with respect to Seller; or (iii) make any Material Adverse Change with respect to Seller.
Merger of Seller. Seller shall not, at any time, directly or indirectly (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control without providing the Purchaser and Agent with not less than forty-five (45) days’ prior written notice of such event; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect with respect to Seller; or (iii) make any Material Adverse Change with respect to Seller.
Merger of Seller. Seller shall not at any time, and Seller shall not permit Guarantor at any time, to directly or indirectly, (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control without Buyer’s prior consent; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect; or (iii) make any Material Adverse Change with respect to Seller or Seller’s Subsidiaries.
Merger of Seller. The Buyer has been informed that Seller may be participating in a corporate merger. As part of preparing for the merger, Seller may request consents, acknowledgements or estoppel certificates from Buyer. Buyer agrees that it will (a) maintain the confidentiality of Buyer's information about the merger, and (b) cooperate with Seller and execute such documents as Seller may reasonably request, provided, however, that each such document shall not result in any financial outlay by Buyer or assumption of any risk, liability or obligation, and will not alter Buyer's substantive rights and liabilities under this agreement.
Merger of Seller. Seller shall not at any time, directly or indirectly, (i) liquidate or dissolve or enter into any consolidation or merger; provided that Seller may enter into a consolidation or merger so long as (1) Seller is the surviving entity after such consolidation or merger, and (2) such consolidation or merger does not breach the provisions of (iii) below; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a material adverse effect on the business or financial condition of Seller and Seller's Material Subsidiaries, taken as a whole; or (iii) make any material change in the nature of the business of Seller or Seller's Subsidiaries.
Merger of Seller. Seller and BM shall have consummated the transactions contemplated by that certain Merger Agreement, attached hereto as Exhibit “H”.
Merger of Seller. Seller shall not, at any time, directly or indirectly (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control or sell all or substantially all of its Property (other than in connection with an asset-based financing or other secondary market transaction related to Seller’s assets in the ordinary course of Seller’s business); (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect with respect to Seller; or (iii) make any Material Adverse Change with respect to Seller.
Merger of Seller. Seller shall not, at any time, directly or indirectly (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control without providing Purchaser with not less than forty-five (45) days’ prior written notice of such event; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect with respect to Seller; or (iii) make any Material Adverse Change with respect to Seller.
(o) Section 16 of the Repurchase Agreement is hereby amended by deleting subsections (e), (f) and (h) in their entirety and replacing them with the following:
Merger of Seller. Neither Guarantor nor Seller shall, at any time, directly or indirectly (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control or sell all or substantially all of its Property (other than in connection with an asset-based financing or other secondary market transaction related to Seller’s or Guarantor’s assets in the ordinary course of the Seller’s or Guarantor’s business); (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect with respect to Seller or Guarantor; or (iii) make any Material Adverse Change with respect to Seller or Guarantor.
Merger of Seller. Neither Seller nor Guarantor shall not at any time, directly or indirectly, without Buyer’s prior consent (i) liquidate or dissolve or enter into any consolidation or merger or be subject to a Change in Control; (ii) form or enter into any partnership, joint venture, syndicate or other combination which would have a Material Adverse Effect; or (iii) make any Material Adverse Change with respect to Seller or Guarantor or Seller’s or Guarantor’s Subsidiaries, except that Seller may enter into a restructuring involving its affiliates so long as it remains a subsidiary of Guarantor.
