Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiary.
Appears in 5 contracts
Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Staffmark Holdings, Inc.), Credit Agreement (Atlas Industries Holdings LLC)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiaryunless agreed to by Agent in its sole discretion.
Appears in 4 contracts
Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Mergers; Consolidations; Asset Sales. (a) Not, and not suffer or permit any other Loan Party Subsidiary to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary of Borrower into Borrower (so long as the Borrower survives such merger) or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary of Borrower, as applicable (so long such Wholly-Owned Domestic Subsidiary survives such merger).
Appears in 4 contracts
Samples: Credit Agreement (PNG Ventures Inc), Credit Agreement (Earth Biofuels Inc), Control Agreement (Earth Biofuels Inc)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for (i) any such merger or consolidation of any Subsidiary into a Borrower or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary of a Borrower and (ii) Permitted Acquisitions.
Appears in 4 contracts
Samples: Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiary, or any such merger or consolidation of two Canadian Subsidiaries.
Appears in 2 contracts
Samples: Credit Agreement (Atlas Industries Holdings LLC), Credit Agreement (Atlas Industries Holdings LLC)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for (i) any such merger merger, consolidation, liquidation or consolidation voluntary dissolution of any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiary, (ii) any such merger or consolidation to effect a Holdings Transaction and (iii) any such merger or consolidation to effect an Acquisition permitted hereunder.
Appears in 2 contracts
Samples: Credit Agreement (AmWINS GROUP INC), Second Lien Credit Agreement (AmWINS GROUP INC)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Note Party or Subsidiary to, be a party to any merger or consolidation, except for (i) any such merger or consolidation of any Subsidiary with and into Borrower the Companies or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary or of any Foreign Subsidiary with another Foreign Subsidiary and (ii) Permitted Acquisitions.
Appears in 2 contracts
Samples: Note Purchase Agreement (CNL Strategic Capital, LLC), Note Purchase Agreement (CNL Strategic Capital, LLC)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidationconsolidation or liquidation, except for (i) any such merger or consolidation or liquidation of any Subsidiary into Borrower or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary of Borrower and (ii) Permitted Acquisitions.
Appears in 1 contract
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party and their respective Subsidiaries to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary into a Borrower or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary of a Borrower.
Appears in 1 contract
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for (i) any such merger or consolidation of any Restricted Subsidiary into Borrower or any domestic Wholly-Owned SubsidiaryRestricted Subsidiary and (ii) Acquisitions permitted under Section 7.11.
Appears in 1 contract
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for any such merger or consolidation of (i) any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiary; (ii) Borrower and Co-Borrower into one other, with Borrower surviving; or (iii) Co-Borrower and Parent into one other.
Appears in 1 contract
Samples: Credit Agreement (5.11 Abr Corp.)
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidation, except for (i) the Merger, (ii) any such merger or consolidation of any Restricted Subsidiary into Borrower or any domestic Wholly-Owned SubsidiaryRestricted Subsidiary and (iii) Acquisitions permitted under Section 7.11.
Appears in 1 contract
Samples: Assignment Agreement (American Coin Merchandising Inc)
Mergers; Consolidations; Asset Sales. (a) Not, and not suffer or permit any other Loan Party toor any other Subsidiary to enter into any Acquisition, or to be a party to any merger merger, consolidation or consolidation, except for any such merger or consolidation of any Subsidiary into Borrower or any domestic Wholly-Owned Subsidiaryamalgamation.
Appears in 1 contract
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party to, be a party to any merger or consolidationconsolidation or liquidation, except for (i) any such merger or consolidation or liquidation of any Subsidiary into Borrower or any domestic Wholly-Owned SubsidiaryDomestic Subsidiary of Borrower and (ii) Permitted Acquisitions and (iii) any Consolidation Transaction.
Appears in 1 contract
Mergers; Consolidations; Asset Sales. (a) Not, and not permit any other Loan Party Subsidiary to, be a party to any merger or consolidation, except for any such merger or consolidation of any Subsidiary into Borrower or any domestic Wholly-Owned SubsidiarySubsidiary Guarantor.
Appears in 1 contract
Samples: Loan and Security Agreement (Microvast Holdings, Inc.)
