Mergers and Dissolutions. Borrower shall not, and shall not permit any other Company to, merge or consolidate with any other Person or liquidate, wind up or dissolve (or suffer any liquidation or dissolution); provided, however, that the foregoing shall not operate to prevent (a) mergers or consolidations of any Consolidated Affiliate of Borrower into Borrower or any Consolidated Affiliate of Borrower (if such transaction does not reduce the net worth of Borrower determined in accordance with GAAP, except for minor transaction costs related to such merger or consolidation), or (b) a merger or consolidation in which Borrower is the surviving entity and, immediately after giving effect to such merger or consolidation, no Change in Control has occurred.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Prologis Trust), Credit Agreement (Prologis Trust)
Mergers and Dissolutions. Borrower shall not, and shall not permit any other Company of its Consolidated Affiliates to, merge or consolidate with any other Person or liquidate, wind up or dissolve (or suffer any liquidation or dissolution); provided, however, that the foregoing shall not operate to prevent (a) mergers or consolidations of any Consolidated Affiliate of Borrower into Borrower or any Consolidated Affiliate of Borrower (if such transaction does not reduce the net worth of Borrower determined in accordance with GAAP, except for minor transaction costs related to such merger or consolidation), or (b) a merger or consolidation in which Borrower is the surviving entity and, immediately after giving effect to such merger or consolidation, no Change in Control has occurred.
Appears in 1 contract
Samples: Credit Agreement (Prologis Trust)
Mergers and Dissolutions. Borrower Borrowers shall not, and shall not permit any other Company to, merge or consolidate with any other Person or liquidate, wind up or dissolve (or suffer any liquidation or dissolution); provided, however, that the foregoing shall not operate to prevent (a) mergers or consolidations of any Consolidated Affiliate of a Borrower into such Borrower or any Consolidated Affiliate of such Borrower (if such transaction does not reduce the net worth of such Borrower determined in accordance with GAAP, except for minor transaction costs related to such merger or consolidation), or (b) a merger or consolidation in which a Borrower is the surviving entity and, immediately after giving effect to such merger or consolidation, no Change in Control has occurred.
Appears in 1 contract
Samples: Credit Agreement (Prologis Trust)