Common use of Mergers and Acquisitions Clause in Contracts

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 7 contracts

Samples: Revolving Credit and Term Loan Agreement (Marcam Corp), Revolving Credit Agreement (Silverleaf Resorts Inc), Revolving Credit, Term Loan and Gold Consignment Agreement (Marks Bros Jewelers Inc)

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Mergers and Acquisitions. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower Borrowers with and into one of the BorrowerBorrowers, or the merger or consolidation of two or more Subsidiaries of the BorrowerBorrowers.

Appears in 3 contracts

Samples: Loan and Security Agreement (Fao Inc), Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De), Revolving Credit, Tranche B Loan and Security Agreement (Mayors Jewelers Inc/De)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger merger, amalgamation or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except (a) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or ; (b) the merger or consolidation of two or more Subsidiaries of the Borrower.; and

Appears in 3 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past industry practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower).

Appears in 3 contracts

Samples: Credit Agreement (HPSC Inc), Revolving Credit Agreement (HPSC Inc), Credit Agreement (HPSC Inc)

Mergers and Acquisitions. The Borrower will not, and Borrowers will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrowerof, or asset or stock acquisitions between existing Borrowers (provided that the merger or consolidation Parent will be the survivor of two or more Subsidiaries of any such transaction between the Parent and another Borrower) and except as otherwise provided in this ss.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Nationsrent Inc), Revolving Credit and Term Loan Agreement (Nationsrent Inc)

Mergers and Acquisitions. The Neither the Parent nor the Borrower will, or will not, and will not permit any of its their Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except for (i) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or (ii) the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Quaker Fabric Corp /De/), Term Loan Agreement (Quaker Fabric Corp /De/)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.. The Borrower will not, and will not

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Gold Consignment Agreement (Marks Bros Jewelers Inc)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practicesbusiness) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Trailer Bridge Inc)

Mergers and Acquisitions. The Borrower will not, and will not ------------------------ permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the BorrowerFCI, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

Mergers and Acquisitions. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets (including new restaurants) in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower Borrowers with and into another Borrower and the Borrower, or the merger or consolidation acquisition of two or more Subsidiaries of the Borrowerstock in connection with Investments permitted by Section 9.3(i).

Appears in 1 contract

Samples: Revolving Credit Agreement (American Restaurant Group Inc)

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Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business 71 consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Silverleaf Resorts Inc)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the BorrowerBorrower so long as the Borrower is the surviving corporation, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sassco Fashions LTD /De/)

Mergers and Acquisitions. The Borrower will not, and will not ------------------------ permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries (other than Excluded Subsidiaries) of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (Fairfield Communities Inc)

Mergers and Acquisitions. The Other than Permitted Acquisitions, the Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or the merger or consolidation of two or more Subsidiaries of the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Mergers and Acquisitions. The Borrower will not, and will not permit any of its Subsidiaries to, become a party to any merger or consolidation, or agree to or effect any asset acquisition or stock acquisition (other than the acquisition of assets in the ordinary course of business consistent with past practices) except (a) the merger or consolidation of one or more of the Subsidiaries of the Borrower with and into the Borrower, or ; (b) the merger or consolidation of two or more Subsidiaries of the Borrower.; and

Appears in 1 contract

Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc)

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