MERGERS AND CONSOLIDATION. The Company may merge or consolidate in accordance with the Companies Act.
MERGERS AND CONSOLIDATION. The Company shall have the power to merge or consolidate with one or more other constituent companies (as defined in the Companies Act) upon such terms as the Directors may determine and (to the extent required by the Companies Act) with the approval of a Special Resolution.
MERGERS AND CONSOLIDATION. Borrower shall not liquidate or dissolve, merge or consolidate with or into, or acquire any other business organization.
MERGERS AND CONSOLIDATION. Except with the prior written consent of the Majority Banks, neither of the Borrowers nor any other Security Party will merge or consolidate with any other person save for a merger or consolidation by operation of law with one or more other entities into a single surviving entity which is such Borrower or (as the case may be) such other Security Party and which succeeds by operation of law to all of the assets and liabilities of such Borrower or (as the case may be) such other Security Party immediately prior to such merger or consolidation.
MERGERS AND CONSOLIDATION. The Company shall not, directly or indirectly, consolidate or merge with or into (whether or not the Company is the surviving corporation) another Person, unless:
(i) the entity or Person formed by or surviving any such consolidation or merger (if other than the Company) assumes all the obligations of the Company under the Notes and this Indenture pursuant to a supplemental indenture in a form reasonably satisfactory to the Trustee;
(ii) immediately after such consolidation or merger there is no default or event that, with the passage of time or notice or both, would be a Default or Event of Default under this Indenture; and
(iii) the Credit Rating immediately following the merger or consolidation would not be lower than the Credit Rating immediately prior to the effectiveness of the merger or consolidation or, if there is no Credit Rating, the rating, if any, assigned to the most senior long-term indebtedness of the surviving entity on a pro forma basis for the merger or consolidation by Xxxxx'x is B3 (or its then current equivalent) or better or by Standard & Poor's is B- (or its then current equivalent) or better. Notwithstanding the foregoing provisions of this Section 5.01, the Company shall not merge or consolidate with and into FINOVA Capital.
MERGERS AND CONSOLIDATION. 148. The Company may by Special Resolution resolve to merge or consolidate the Company in accordance with the Law.
MERGERS AND CONSOLIDATION. 36 Section 5.02. Successor Corporation Substituted.................................................................. 36 ARTICLE 6.
MERGERS AND CONSOLIDATION. Notice of Change of the Company’s Location Section 3.09. Inspection
MERGERS AND CONSOLIDATION. Borrower shall not liquidate or dissolve, merge or consolidate with or into, or acquire any other business organization, provided however, that Borrower may make business acquisitions but the cash consideration paid for such acquisitions shall not exceed the amount of $7,500,000.00 in any one fiscal year, or the total cumulative amount for all acquisitions, regardless of payment method, shall not exceed $15,000,000.00 through Expiration Date.
MERGERS AND CONSOLIDATION. Wind up, liquidate or dissolve its affairs, or enter into any transaction of merger or consolidation, except that the following shall be permitted:
(a) dispositions of assets in compliance with Section 8.06 (other than Sections 8.06(d), (e) and (f));
(b) Permitted Acquisitions;
(c) any solvent Subsidiary of Holdings (other than the Borrower) may merge or consolidate with or into the Borrower or a Subsidiary Guarantor (so long as (i) in the event the Borrower is a party to such merger or consolidation, the Borrower shall be the surviving person, and (ii) in any other case, a Subsidiary Guarantor shall be the surviving person and shall remain, directly or indirectly, a Wholly- Owned Subsidiary of the Borrower); provided, that the Lien on and security interest in such property granted or to be granted in favor of the Collateral Agent under the Security Documents shall be maintained or created in accordance with the provisions of Section 7.10;
(d) any Subsidiary of Holdings that is not a Credit Party may merge into any other Subsidiary of Holdings that is not a Credit Party;
(e) any Subsidiary of Holdings that is not a Credit Party may dissolve, liquidate or wind up its affairs at any time if such dissolution, liquidation or winding up would not reasonably be expected to be disadvantageous to the Agents and the Lenders in any material respect; and
(f) any Redomiciliation shall be permitted; provided that (i) the Borrower shall have delivered to the Administrative Agent a notice (the “Redomiciliation Notice”) no less than thirty (30) days (or such shorter period as the Administrative Agent may reasonably agree) prior to the consummation of the proposed Redomiciliation, (ii) no Default or Event of Default shall have occurred or be continuing both immediately before and after giving effect to such Redomiciliation, (iii) the Borrower shall have delivered to the Collateral Agent, a supplement to Annex A, Annex B, Annex C, Annex D and/or Annex E to the Pledge Agreement, as applicable, and Schedule I to the General Assignment Agreement which shall correct all information contained therein after giving effect to such Redomiciliation, (iv) the Credit Parties shall have taken all action reasonably requested by the Collateral Agent to maintain the security interests of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect (to at least the same extent as in effect immediately prior to such Redomicili...
