Common use of Merger/Sale of Assets Clause in Contracts

Merger/Sale of Assets. The General Partner and the Borrower will not, nor will they permit any of their Subsidiaries to, enter into any merger, consolidation, reorganization or liquidation or transfer or otherwise dispose of all or a Substantial Portion of their Property, except for such transactions that occur between the General Partner, the Borrower and/or the Wholly-Owned Subsidiaries of Borrower or General Partner, provided, however, the General Partner or the Borrower may merge with or acquire other companies as partnerships so long as: (i) After giving effect to such merger or acquisition, no provision of this Agreement will have been violated; (ii) the General Partner or the Borrower will be the surviving entity; and (iii) such merger is not accomplished through a hostile takeover. The Borrower will notify all of the Lenders of all material acquisitions, dispositions, mergers or asset purchases regardless of whether or not the Required Lenders must first give their written consent.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Duke Realty Limited Partnership/), Term Loan Agreement (Duke Realty Limited Partnership/), Revolving Credit Agreement (Duke Realty Corp)

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Merger/Sale of Assets. The General Partner and the Borrower will ---------------------- not, nor will they permit any of their Subsidiaries to, enter into any merger, consolidation, reorganization or liquidation or transfer or otherwise dispose of all or a Substantial Portion of their Property, except for such transactions that occur between the General Partner, the Borrower and/or the Wholly-Owned Subsidiaries of Borrower or General PartnerSubsidiaries, provided, however, the General -------- ------- Partner or the Borrower may merge with or acquire other companies as or partnerships so long as: (i) After giving effect to such merger or acquisition, . no provision of this Agreement will have been violated; (ii) the General Partner or the Borrower will be the surviving entity; and (iii) such merger is not accomplished through a hostile takeover. The Borrower will notify all of the Lenders of all material acquisitions, dispositions, mergers or asset purchases regardless of whether or not the Required Lenders must first give their written consent.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Golf Properties Inc)

Merger/Sale of Assets. The General Partner and the Borrower will not, nor will they permit any of their Subsidiaries to, enter into any merger, consolidation, reorganization or liquidation or transfer or otherwise dispose of all or a Substantial Portion of their Property, except for such transactions that occur between the General Partner, the Borrower and/or the Wholly-Owned Subsidiaries of Borrower or General PartnerSubsidiaries, provided, however, the General Partner or the Borrower may merge with or acquire other companies as partnerships so long as: (i) After giving effect to such merger or acquisition, no provision of this Agreement will have been violated; (ii) the General Partner or the Borrower will be the surviving entity; and (iii) such merger is not accomplished through a hostile takeover. The Borrower will notify all of the Lenders of all material acquisitions, dispositions, mergers or asset purchases regardless of whether or not the Required Lenders must first give their written consent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Duke Realty Corp)

Merger/Sale of Assets. The General Partner and the Borrower will not, ---------------------- nor will they permit any of their Subsidiaries to, enter into any merger, consolidation, reorganization or liquidation or transfer or otherwise dispose of all or a Substantial Portion of their Property, except for such transactions that occur between the General Partner, the Borrower and/or the Wholly-Owned Subsidiaries of Borrower or General PartnerSubsidiaries, provided, however, the General Partner or the Borrower may merge with or acquire other companies as or partnerships so long as: (i) After giving effect to such merger or acquisition, no provision of this Agreement will have been violated; (ii) the General Partner or the Borrower will be the surviving entity; and (iii) such merger is not accomplished through a hostile takeover. The Borrower will notify all of the Lenders of all material acquisitions, dispositions, mergers or asset purchases regardless of whether or not the Required Lenders must first give their written consent.

Appears in 1 contract

Samples: Credit Agreement (National Golf Properties Inc)

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Merger/Sale of Assets. The General Partner and the Borrower will not, nor will they permit any of their Subsidiaries to, enter into any merger, consolidation, reorganization or liquidation or transfer or otherwise dispose of all or a Substantial Portion of their Property, except for such transactions that occur between the General Partner, the Borrower and/or the Wholly-–Owned Subsidiaries of Borrower or General PartnerSubsidiaries, provided, however, the General Partner or the Borrower may merge with or acquire other companies as partnerships so long as: (i) After giving effect to such merger or acquisition, no provision of this Agreement will have been violated; (ii) the General Partner or and the Borrower will be the surviving entityentities; and (iii) such merger is not accomplished through a hostile takeover. The Borrower will notify all of the Lenders of all material acquisitions, dispositions, mergers or asset purchases regardless of whether or not the Required Lenders must first give their written consent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Duke Realty Corp)

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