Common use of Mergers, Acquisitions Clause in Contracts

Mergers, Acquisitions. Merge or consolidate with any Person, or, acquire all or substantially all of the assets or any of the capital stock or other equity interests of any Person unless (a) a Borrower is the surviving entity, (b) no Default or Event of Default exists or will occur after giving effect thereto, and (c) the consideration paid in connection with any such merger or acquisition does not exceed an amount equal to fifteen (15%) percent of Consolidated Total Assets as at the date of the consummation of such transaction, prior to giving effect to such transaction.

Appears in 2 contracts

Samples: Loan Agreement (Health Care Reit Inc /De/), Loan Agreement (Health Care Reit Inc /De/)

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Mergers, Acquisitions. Merge or consolidate with any Person, or, acquire all or substantially all of the assets or any of the capital stock or other equity interests of any Person unless (a) a Borrower is the surviving entity, (b) no Default or Event of Default exists or will occur after giving effect thereto, and (c) the consideration paid in connection with any such merger or acquisition does not exceed an amount equal to fifteen twenty (1520%) percent of Consolidated Total Assets as at the date of the consummation of such transaction, prior to giving effect to such transaction.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

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Mergers, Acquisitions. Merge or consolidate with any Person, or, acquire all or substantially all of the assets or any of the capital stock or other equity interests of any Person unless (a) a Borrower is the surviving entity, (b) no Default or Event of Default exists or will occur after giving effect thereto, and (c) the consideration paid in connection onnection with any such merger or acquisition does not exceed an amount equal to fifteen ten (1510%) percent of Consolidated Total Healthcare Assets as at the date of the consummation of such transaction, prior to giving effect to such transaction.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

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