Mergers, Acquisitions. Merge or consolidate with any Person (whether or not the Borrower is the surviving entity), except a Subsidiary may consolidate with, or merge into, the Borrower or another Subsidiary, or, except as permitted by subsection 6.9(f), acquire all or substantially all of the assets or any of the capital stock of any Person.
Appears in 2 contracts
Samples: Loan Agreement (National Consumer Cooperative Bank /Dc/), Loan Agreement (National Consumer Cooperative Bank /Dc/)
Mergers, Acquisitions. Merge or consolidate with any Person (whether or not the Borrower or any Subsidiary is the surviving entity), except a Subsidiary may consolidate with, or merge into, the Borrower or another Subsidiary, or, except as permitted by subsection 6.9(f), acquire all or substantially all of the assets or any of the capital stock of any Person; provided, however, that (i) any Subsidiary may merge with and into any other Subsidiary or the Borrower (so long as the Borrower or a wholly-owned Subsidiary is the surviving entity) and (ii) the Borrower or any Subsidiary may make Permitted Acquisitions.
Appears in 2 contracts
Samples: Loan Agreement (Griffon Corp), Loan Agreement (Griffon Corp)
Mergers, Acquisitions. Merge or consolidate with any Person (whether or not the Borrower Company is the surviving entity), except a Subsidiary may consolidate with, or merge into, the Borrower Company or another Subsidiary, or, except as permitted by subsection 6.9(f7.9(f), acquire all or substantially all of the assets or any of the capital stock of any Person.
Appears in 2 contracts
Samples: Term Loan Agreement (National Consumer Cooperative Bank /Dc/), Term Loan Agreement (National Consumer Cooperative Bank /Dc/)
Mergers, Acquisitions. Merge or consolidate with any Person (whether or not the a Borrower or any Subsidiary is the surviving entity), except a Subsidiary may consolidate with, or merge into, the Borrower or another Subsidiary, or, except as permitted by subsection 6.9(f), acquire all or substantially all of the assets or any of the capital stock of any Person; provided, however, that (i) any Subsidiary may merge with and into any other Subsidiary or either Borrower (so long as a Borrower or a wholly-owned Subsidiary is the surviving entity) and (ii) each Borrower or any Subsidiary may make Permitted Acquisitions.
Appears in 1 contract
Samples: Loan Agreement (Griffon Corp)
Mergers, Acquisitions. Merge or consolidate with any Person (whether or not the Borrower or any Subsidiary is the surviving entity), except a Subsidiary may consolidate with, or merge into, the Borrower or another Subsidiary, or, except as permitted by subsection 6.9(f), acquire all or substantially all of the assets or any of the capital stock of any Person, except (a) any Subsidiary may merge with or into any other Subsidiary or the Borrower (so long as the Borrower is the surviving entity) and (b) as permitted pursuant to Section 7.04 hereof.
Appears in 1 contract
