Mergers and Sales of Assets. (a) The Company will not consolidate or merge with or into any other Person; provided that the Company may merge with another Person if (x) the Company is the corporation surviving such merger and (y) after giving effect to such merger, no Default shall have occurred and be continuing.
Appears in 6 contracts
Samples: Credit Agreement (Imc Global Inc), Note Purchase Agreement (Athens Holdings Inc), Credit Agreement (Imc Global Inc)
Mergers and Sales of Assets. (a) The Company will not consolidate or merge with or into any other Person; provided PROVIDED that the Company may merge with another Person if (x) the Company is the corporation surviving such merger and (y) after giving effect to such merger, no Default shall have occurred and be continuing.
Appears in 2 contracts
Samples: Day Credit Agreement (Imc Global Inc), Imc Global Inc
Mergers and Sales of Assets. (a) The Company will not (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or any substantial part of its assets to any other Person; provided that the Company may merge with another Person if (x) the Company is the corporation surviving such merger and (y) immediately after giving effect to such merger, no Default shall have occurred and be continuing.
Appears in 1 contract
Mergers and Sales of Assets. (a) The Company will not (i) consolidate or merge with any other Person or into (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of its assets to any other Person; provided that the Company may merge with another Person if (x) the Company is the corporation surviving such merger and (y) immediately after giving effect to such merger, no Default shall have occurred and be continuing.
Appears in 1 contract
Samples: Credit Agreement (Polaroid Corp)
