Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 199 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement, Loan and Security Agreement
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 105 contracts
Samples: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Backblaze, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 83 contracts
Samples: Loan and Security Agreement (BioAge Labs, Inc.), Loan and Security Agreement (Outbrain Inc.), Loan and Security Agreement (Sumo Logic, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 26 contracts
Samples: Loan and Security Agreement (Contineum Therapeutics, Inc.), Loan and Security Agreement (Homology Medicines, Inc.), Loan and Security Agreement (Singular Genomics Systems, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except that a Subsidiary of Borrower may merge or consolidate into another Subsidiary of Borrower or into Borrower.
Appears in 14 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Iwatt Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 12 contracts
Samples: Loan and Security Agreement, Mezzanine Loan and Security Agreement, Mezzanine Loan and Security Agreement (Impinj Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 11 contracts
Samples: Loan and Security Agreement (Conexant Systems Inc), Loan and Security Agreement (Paradigm Genetics Inc), Loan and Security Agreement (Conexant Systems Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, partnership, membership, or other ownership interest or other equity securities or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 10 contracts
Samples: Loan and Security Agreement (Myomo, Inc.), Loan and Security Agreement (Imunon, Inc.), Loan and Security Agreement (Ziopharm Oncology Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries Subsidiary to merge or consolidate, with or into any other Person, Person or acquire, or permit any of its Subsidiaries Subsidiary to acquire, all or substantially all of the capital stock or property assets of another Person. A ; provided that (a) any Subsidiary may merge or consolidate into another Subsidiary or and (b) any Subsidiary may merge into BorrowerBorrower so long as Borrower is the surviving entity.
Appears in 9 contracts
Samples: Venture Loan and Security Agreement (CVRx, Inc.), Unsecured Convertible Loan Agreement (Titan Pharmaceuticals Inc), Venture Loan and Security Agreement (Titan Pharmaceuticals Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 8 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Brightcove Inc), Loan and Security Agreement (Sientra, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into a Borrower.
Appears in 8 contracts
Samples: Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp), Loan and Security Agreement (GOOD TECHNOLOGY Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of ----------------------- its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 8 contracts
Samples: Loan and Security Agreement (Somnus Medical Technologies Inc), Loan and Security Agreement (Jetfax Inc), Loan Agreement (Ultradata Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge , or consolidate enter into another Subsidiary or into Borrowerany agreement to do any of the same.
Appears in 7 contracts
Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary) except for Permitted Acquisitions. A Notwithstanding anything to the contrary, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 6 contracts
Samples: Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.), Mezzanine Loan and Security Agreement (Health Catalyst, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions. A Notwithstanding the foregoing, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 5 contracts
Samples: Loan and Security Agreement (FireEye, Inc.), Loan and Security Agreement (Everyday Health, Inc.), Subordinated Loan and Security Agreement (Everyday Health, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries consolidate to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Person (including, without limitation, by the formation of any Subsidiary) or enter into any agreement to do any of the same, provided, that a Subsidiary may merge or consolidate into another Subsidiary or into a Borrower.
Appears in 5 contracts
Samples: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement, Loan and Security Agreement (Expensify, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary) (an “Acquisition”) other than in connection with a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (MaxPoint Interactive, Inc.), Mezzanine Loan and Security Agreement (MaxPoint Interactive, Inc.), Loan and Security Agreement (Cyan Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Person except the merger or consolidation of one Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Annual Report, Annual Report, Loan and Security Agreement (Harmonic Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A ; provided that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries Subsidiary to merge or consolidate, with or into any other Person, Person or acquire, or permit any of its Subsidiaries Subsidiary to acquire, all or substantially all of the capital stock or property assets of another Person. A ; provided that (a) any Subsidiary may merge or consolidate into another Subsidiary or and (b) any Subsidiary may merge into Borrowera Co-Borrower so long as such Co-Borrower is the surviving entity.
Appears in 4 contracts
Samples: Venture Loan and Security Agreement (Castle Creek Biosciences, Inc.), Venture Loan and Security Agreement (Catasys, Inc.), Venture Loan and Security Agreement (Catasys, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , provided that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (Iridex Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , provided that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (ExactTarget, Inc.), Loan and Security Agreement (Sagent Pharmaceuticals, Inc.), Loan and Security Agreement (Brightcove Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (Intelepeer Inc), Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Nexsan Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except (i) that a Subsidiary may merge or consolidate into another Subsidiary or into BorrowerBorrower and (ii) for Permitted Acquisitions.
Appears in 4 contracts
Samples: Mezzanine Loan and Security Agreement (Quantenna Communications Inc), Loan and Security Agreement (Quantenna Communications Inc), Mezzanine Loan and Security Agreement (Quantenna Communications Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary) except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Carbon Black, Inc.), Loan and Security Agreement (Carbon Black, Inc.), Loan and Security Agreement (Synacor, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except a Subsidiary may merge or consolidate into another Subsidiary or into BorrowerBorrower if no Default or Event of Default has occurred and is continuing or would result from such action.
Appears in 3 contracts
Samples: Loan and Security Agreement (Volcano CORP), Loan Agreement (Volcano CORP), Loan and Security Agreement (North American Scientific Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary). A Notwithstanding the foregoing, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Tintri, Inc.), Loan and Security Agreement (Cancer Genetics, Inc), Loan Agreement (Invuity, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock/shares or property of another Person, other than Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except (i) in connection with the Acquisition on the Effective Date; (ii) a Subsidiary may merge or consolidate into another Domestic Subsidiary or into a Borrower, or (iii) in connection with any transaction permitted under Section 7.7.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc), Loan and Security Agreement (Ultra Clean Holdings Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary subsidiary may merge or consolidate into another Subsidiary subsidiary or into Borrower.; provided that, in the case of a merger of a subsidiary into Borrower, Borrower shall remain the surviving entity;
Appears in 3 contracts
Samples: Term Loan Agreement (Empire Petroleum Corp), Revolving Loan Agreement (Astea International Inc), Revolving Loan Agreement (Astea International Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Xactly Corp), Mezzanine Loan and Security Agreement (Xactly Corp), Loan and Security Agreement (Xactly Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other PersonPerson unless such Borrower or Subsidiary is the surviving entity, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Notwithstanding the foregoing, (a) a Subsidiary may merge or consolidate into another Subsidiary or into BorrowerBorrower and (b) Borrower may consummate Permitted Acquisitions.
Appears in 3 contracts
Samples: Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp), Loan Agreement (Fluidigm Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, ownership interests or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), other than Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lantronix Inc), Subordinated Loan and Security Agreement (Roku, Inc), Subordinated Loan and Security Agreement (Roku, Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), other than Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.”
Appears in 3 contracts
Samples: Loan and Security Agreement (Outbrain Inc.), Loan and Security Agreement (Roku, Inc), Loan and Security Agreement (Roku, Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , provided that a Subsidiary may merge or consolidate into another Subsidiary with or into BorrowerBorrower or another Subsidiary.
Appears in 3 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), with the exception of the Permitted Merger. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Teladoc, Inc.), Loan and Security Agreement (Teladoc, Inc.), Subordinated Loan and Security Agreement (Teladoc, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.”
Appears in 3 contracts
Samples: Loan and Security Agreement (Mersana Therapeutics, Inc.), Loan and Security Agreement (Axsome Therapeutics, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except mergers of any Subsidiary may merge or consolidate of Borrower into another wholly-owned Subsidiary or into of Borrower.
Appears in 3 contracts
Samples: Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Miva, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for the transaction pursuant to the Purchase Agreement, which has been consummated as of the Effective Date. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Root, Inc.), Loan and Security Agreement (Root Stockholdings, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization (other than mergers or consolidations of a Subsidiary of the Borrower into another Subsidiary of the Borrower or into the Borrower), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock Equity Interests or property of another Person. A Subsidiary may merge , or consolidate enter into another Subsidiary or into Borrowerany agreement to do any of the same.
Appears in 2 contracts
Samples: Credit Agreement (Aly Energy Services, Inc.), Credit Agreement (Aly Energy Services, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary). A Borrower may merge or consolidate into another Borrower, and a Subsidiary may merge or consolidate into another Subsidiary or into a Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (RMG Networks Holding Corp), Loan and Security Agreement (RMG Networks Holding Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the stock, share capital stock or property of another Person. A Notwithstanding the foregoing, a Subsidiary may merge or consolidate into another Subsidiary or into BorrowerBorrower or Parent.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Alimera Sciences Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A ; provided that, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (TrueCar, Inc.), Loan and Security Agreement (TrueCar, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for the Permitted Avid Transaction. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Peregrine Pharmaceuticals Inc), Loan and Security Agreement (Peregrine Pharmaceuticals Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower, provided that Borrower is the surviving legal entity.
Appears in 2 contracts
Samples: Loan and Security Agreement (LTX Corp), Loan Agreement (LTX Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into the Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Science & Engineering Inc), Loan and Security Agreement (Onesource Information Services Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower or its assets may be acquired by another Subsidiary or by Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tremor Video Inc.), Loan and Security Agreement (Tremor Video Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than Permitted Investments. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , or enter into any agreement to do any of the same, except for (i) Permitted Acquisitions, and (ii) mergers or consolidations of a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Maxwell Technologies Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries Subsidiary to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries Subsidiary to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into Borrower or another Subsidiary or into BorrowerSubsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Titan Pharmaceuticals Inc), Loan and Security Agreement (Titan Pharmaceuticals Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary Borrower and any Borrower may merge or consolidate into any other Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sajan Inc), Loan and Security Agreement (Sajan Inc)
Mergers or Acquisitions. Merge Except for Permitted Acquisitions, merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, partnership, membership, or other ownership interest or other equity securities or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Castle Biosciences Inc), Loan and Security Agreement (Chimerix Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock/shares or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into BorrowerGuarantor.
Appears in 2 contracts
Samples: Security Agreement (Global Telecom & Technology, Inc.), Security Agreement (Global Telecom & Technology, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary (other than a Domestic Subsidiary) may merge or consolidate into another Subsidiary or into Borrower and a Domestic Subsidiary may merge into another Domestic Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Axcelis Technologies Inc), Loan and Security Agreement (Axcelis Technologies Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower, with Borrower being the surviving entity), or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (BioNano Genomics, Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower or its assets may be acquired by another Subsidiary or by Borrower.” and inserting in lieu thereof the following:
Appears in 2 contracts
Samples: Loan and Security Agreement (Tremor Video Inc.), Loan and Security Agreement (Tremor Video Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its their Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its their Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into a Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Sciclone Pharmaceuticals Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock equity interests or property of another PersonPerson (the “Target”) (including, without limitation, by the formation of any Subsidiary) (an “Acquisition”) other than in connection with a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Avidity Biosciences, Inc.), Loan and Security Agreement (Avidity Biosciences, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Model N Inc), Loan and Security Agreement (Calix Networks Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate be merged into another Subsidiary or and/or into another Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, partnership, membership, or other ownership interest or other equity securities or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Airgain Inc), Loan and Security Agreement (908 Devices Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except that (a) a Subsidiary may merge or consolidate into another Subsidiary or into BorrowerBorrower and (b) Borrower may consummate Permitted Acquisitions.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Impinj Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into BorrowerDebtor.
Appears in 2 contracts
Samples: Security Agreement (GlobalOptions Group, Inc.), Security Agreement (Diomed Holdings Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A ; provided, however, that Subsidiary may merge or consolidate into another Subsidiary or into Borrowerthe Company.
Appears in 2 contracts
Samples: Secured Subordinated Convertible Promissory Note and Warrant Purchase Agreement, Secured Subordinated Convertible Promissory Note and Warrant Purchase Agreement (Salient Surgical Technologies, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge merge, amalgamate, or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ikanos Communications, Inc.), Loan and Security Agreement (Ikanos Communications, Inc.)
Mergers or Acquisitions. Merge or consolidate, consolidate or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), other than in a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tufin Software Technologies Ltd.), Loan and Security Agreement (Tufin Software Technologies Ltd.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary of Borrower may merge or consolidate be merged into another Subsidiary or of Borrower and/or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Breakaway Solutions Inc), Loan and Security Agreement (Breakaway Solutions Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) other than Permitted Acquisitions. A Notwithstanding the foregoing, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Verrica Pharmaceuticals Inc.), Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary (which is not a Borrower) may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sentinel Labs, Inc.), Loan and Security Agreement (Fusion Acquisition Corp.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into a Co-Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (the “Target”) (including, without limitation, by the formation of any Subsidiary) (an “Acquisition”) other than in connection with a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Beyond Meat, Inc.), Loan and Security Agreement (Beyond Meat, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than in connection with the Acquisition. A Notwithstanding the foregoing, (a) a Subsidiary of a Credit Party may merge or consolidate into another Subsidiary or into Borrowera Credit Party.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mindspeed Technologies, Inc), Loan and Security Agreement (Mindspeed Technologies, Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ziprecruiter, Inc.), Loan and Security Agreement (Ziprecruiter, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Person (an “Acquisition”) (including, without limitation, by the formation of any Subsidiary) other than in connection with a Permitted Acquisition, provided that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (10x Genomics, Inc.), Loan and Security Agreement (10X Genomics, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into a Co-Borrower.”
Appears in 2 contracts
Samples: Loan and Security Agreement (Upstart Holdings, Inc.), Loan and Security Agreement (Upstart Holdings, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries Borrower to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries Borrower to acquire, all or substantially all of the capital stock or property of another Person. A ; provided however, that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cerus Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division), except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Couchbase, Inc.), Loan and Security Agreement (Synacor, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Restricted Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Restricted Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than Permitted Investments. A Restricted Subsidiary may merge or consolidate into another Restricted Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.; provided that, in the case of a merger of a Subsidiary into Borrower, Borrower shall remain the surviving entity;
Appears in 2 contracts
Samples: Loan and Security Agreement (Spire Corp), Loan and Security Agreement (Spire Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A , except that a Subsidiary may merge or consolidate into another Subsidiary with Borrower or into Borrowerany other Subsidiary.
Appears in 2 contracts
Samples: Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), other than a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into a Co-Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Twist Bioscience Corp), Loan and Security Agreement (Twist Bioscience Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Investments and Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into the Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Notwithstanding the foregoing, a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ardea Biosciences, Inc./De), Loan and Security Agreement (Momenta Pharmaceuticals Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary), except for Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Basis Global Technologies, Inc.), Loan and Security Agreement (Basis Global Technologies, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another any Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Enernoc Inc), Loan and Security Agreement (Enernoc Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock stock, partnership, membership, or other ownership interest or other equity securities or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division) (except as otherwise agreed to by Agent and the Lenders in writing in their sole and absolute discretion in accordance with Section 12.6 hereof). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary)(an “Acquisition”), other than in connection with a Permitted Acquisition. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Veracyte, Inc.), Loan and Security Agreement (Veracyte, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, other than the Permitted SPAC Transaction (including, without limitation, by the formation of any Subsidiary or pursuant to a Division). A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Velo3D, Inc.), Mezzanine Loan and Security Agreement (Velo3D, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Person (including, without limitation, by the formation of any Subsidiary); provided, however, that a Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Axonics Modulation Technologies, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson other than Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (Zillow Inc), Loan and Security Agreement (Drugstore Com Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for Permitted Acquisitions. A Subsidiary (other than a Domestic Subsidiary) may merge or consolidate into another Subsidiary or into Borrower, and a Domestic Subsidiary may merge or consolidate into another Domestic Subsidiary or into Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Axcelis Technologies Inc)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (GlobalOptions Group, Inc.)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another PersonPerson (including, without limitation, by the formation of any Subsidiary or pursuant to a Division), in each case other than Permitted Investments or Permitted Acquisitions. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidateconsolidate (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower), with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with any other Person, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person, except for the Acquisition Event. A Subsidiary may merge or consolidate into another Subsidiary or into Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Apex Bioventures Acquisition Corp)
Mergers or Acquisitions. Merge or consolidate, or permit any of its Subsidiaries to merge or consolidate, with or into any other Personbusiness organization, or acquire, or permit any of its Subsidiaries to acquire, all or substantially all of the capital stock or property of another Person. A Person EXCEPT (i) any Subsidiary may merge or consolidate into another with any Subsidiary or into Borrower.Cymer; or
Appears in 1 contract
Samples: Loan Agreement (Cymer Inc)