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: Note Purchase Agreement (Athens Holdings Inc), Credit Agreement (Betzdearborn 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 substantially all of the assets of the Company 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) after giving effect to such merger, no Default shall have occurred and be continuing.
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Samples: Assignment and Assumption Agreement (Boise Cascade Office Products Corp)
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 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) after giving effect to such merger, no Event of Default shall have occurred and be continuing.
Appears in 1 contract
Samples: Credit Agreement (Campbell Soup Co)
Mergers and Sales of Assets. (a) The Company will not not, (i) consolidate or merge with or into any other Person or (ii) sell, lease or otherwise transfer, directly or indirectly, all or substantially all of the assets of the Company and its Subsidiaries, taken as a whole, 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) after giving effect to such merger, no Default shall have occurred and be continuing.
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