Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 5 contracts
Samples: Loan and Security Agreement (Union Drilling Inc), Loan and Security Agreement (Zoom Telephonics Inc), Loan and Security Agreement (Advanced Technical Products Inc)
Mergers; Consolidations; Acquisitions. (i) Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquireor
(ii) Acquire, nor or permit any of its Subsidiaries to acquire, all or any substantial part substantially all of the Properties of any Person.
Appears in 3 contracts
Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Executone Information Systems Inc), Loan and Security Agreement (Nations Flooring Inc)
Mergers; Consolidations; Acquisitions. Merge Borrower shall not merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor or permit any of its Subsidiaries to acquire, all or any substantial part of the Properties properties and assets or Securities of any Person.
Appears in 2 contracts
Samples: Loan and Security Agreement (Anchor Funding Services, Inc.), Loan and Security Agreement (Galaxy Nutritional Foods Co)
Mergers; Consolidations; Acquisitions. Merge Borrower shall not merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor or permit any of its Subsidiaries to acquire, all or any substantial part of the Properties properties and assets or Securities of any Person, except for Client Joint Ventures which meet the requirements of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (United Development Funding III, LP), Loan and Security Agreement (United Development Funding III, LP)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower its Subsidiaries to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 2 contracts
Samples: Loan and Security Agreement (First Aviation Services Inc), Loan and Security Agreement (Avalon Community Services Inc)
Mergers; Consolidations; Acquisitions. Merge Except for Permitted Acquisitions, merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; , nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Questron Technology Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person, except a consolidation or merger involving only (i) Borrower and one or more wholly owned Subsidiaries or (ii) two or more wholly owned Subsidiaries; nor acquire, nor permit any of its Subsidiaries to acquire, acquire all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)
Mergers; Consolidations; Acquisitions. Merge Except for Permitted Acquisitions, merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Houston Wire & Cable CO)
Mergers; Consolidations; Acquisitions. Merge or consolidate, consolidate or permit any Subsidiary of any Borrower to merge merger or consolidate, with any Person; nor acquire, nor or permit any Subsidiary of its Subsidiaries any Borrower to acquire, all or any substantial part of the Properties of any Person; or create, or permit any Subsidiary of any Borrower to create, any other Subsidiary.
Appears in 1 contract
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any its Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries Subsidiary to acquire, all or any substantial part of the Properties Property of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Financial Performance Corp)
Mergers; Consolidations; Acquisitions. Merge or consolidate, ------------------------------------- or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor or acquire, nor or permit any of its Subsidiaries to acquire, all or any substantial part of the Voting Stock or other equity interests or Properties of any PersonPerson or any business entity or division of a business entity except for Permitted Acquisitions.
Appears in 1 contract
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person, except a consolidation or merger between both Borrowers, or a Borrower and one or more wholly owned Subsidiaries; nor acquire, nor permit any of its Subsidiaries to acquire, acquire all or any substantial part of the Properties of any Person; nor change its or any of its Subsidiaries' state of incorporation or type of organization, nor change its or any of its Subsidiaries' legal names except in connection with a consolidation or merger permitted by this Section 8.2(a).
Appears in 1 contract
Samples: Loan and Security Agreement (Cal Dive International Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidateonsolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties Property of any Person, without Lender's prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties Property of any Person, without Lender's prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of any Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person, unless prior to the consummation of any such merger, consolidation or acquisition, Lender has consented in writing to such transaction, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of any Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its their Subsidiaries to acquire, all or any substantial part of the Properties Property of any Person, without Lenders' prior written consent.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Supply Group Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower Borrower, if any, to merge or consolidate, with any Person; nor acquire, nor permit any Subsidiary of its Subsidiaries Borrower, if any, to acquire, all or any substantial part of the Properties of any Person; provided, that, so long as no Event of Default exists or would result therefrom, any Subsidiary of Borrower may merge or consolidate with Borrower (as long as Borrower is the surviving entity) or any Subsidiary of Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Restoration Hardware Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of either Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, acquire all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Open Plan Systems Inc)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of any Borrower to merge or consolidate, with any Person; nor or acquire, nor or permit any of its their respective Subsidiaries to acquire, all or any substantial part of the Properties of any Person, except for:
(i) mergers of any Subsidiary of any Borrower into Borrower or another Subsidiary of any Borrower; and
(ii) acquisitions of assets consisting of fixed assets or real property that constitute Capital Expenditures permitted under subsection 8.2.8.
Appears in 1 contract
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part substantially all of the Properties of any Person, except in respect to (i) a consolidation or merger involving only Borrower and one or more wholly-owned Subsidiaries or involving only two or more wholly-owned Subsidiaries of Borrower and (ii) a Permitted Acquisition." * * *
Appears in 1 contract
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person, unless prior to the consummation of any such merger, consolidation or acquisition, Lender has consented in writing to such transaction, which consent shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part substantially all of the Properties of any Person, except for Permitted Acquisitions.
Appears in 1 contract
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; , nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Peregrine Real Estate Trust)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of any Borrower to merge or consolidate, with any Person; nor or acquire, nor or permit any of its their respective Subsidiaries to acquire, all or any substantial part of the Properties of any Person; provided, that upon not less than five (5) days prior written notice to Agent, any Borrower may merge with and into any other Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Integra Lifesciences Corp)
Mergers; Consolidations; Acquisitions. Merge or ------------------------------------- consolidate, or permit any Subsidiary of Borrower its Subsidiaries to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Avalon Community Services Inc)
Mergers; Consolidations; Acquisitions. Merge Except in respect to the Acquisition, merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor acquire, nor permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Houston Wire & Cable CO)
Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Subsidiary of Borrower to merge or consolidate, with any Person; nor or acquire, nor or permit any of its Subsidiaries to acquire, all or any substantial part of the Properties of any Person, except for the Acquisition." * * *
Appears in 1 contract