Common use of Mergers; Consolidations; Acquisitions Clause in Contracts

Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Restricted Subsidiary to merge or consolidate, with any Person; nor acquire, nor permit any Restricted Subsidiary to acquire, all or any substantial part of the Properties or Securities of any Person, except for: (i) mergers of any Restricted Subsidiary into a Borrower or another wholly-owned Restricted Subsidiary; (ii) acquisitions of assets consisting of fixed assets or real property that constitute Capital Expenditures permitted under subsection 8.2.8;

Appears in 2 contracts

Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)

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Mergers; Consolidations; Acquisitions. Merge or consolidate, or permit any Restricted Subsidiary of Borrower to merge or consolidate, with any Person, other than mergers between Borrower and any of its wholly-owned Subsidiaries in which Borrower is the surviving entity (including, without limitation, the Receivables Merger); nor acquire, nor permit any Restricted Subsidiary of its Subsidiaries to acquire, all or any substantial part of the Properties or Securities of any Person, except for: (i) mergers of any Restricted Subsidiary into a Borrower or another wholly-owned Restricted Subsidiary; (ii) for acquisitions of assets consisting of fixed assets or real property that constitute Capital Expenditures permitted under subsection 8.2.8;.

Appears in 1 contract

Samples: Loan and Security Agreement (Weirton Steel Corp)

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Mergers; Consolidations; Acquisitions. Merge or consolidate, ------------------------------------- or permit any Restricted Subsidiary of Borrower to merge or consolidate, with any Person; nor or acquire, nor or permit any Restricted Subsidiary of their respective Subsidiaries to acquire, all or any substantial part of the Properties or Securities constituting a business unit of any Person, except for: (i) mergers of any Restricted Subsidiary of Borrower into a Borrower or another wholly-owned Restricted SubsidiarySubsidiary of 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

Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/)

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