Mergers or Acquisitions. Merge or consolidate with or into any other Person or acquire all or substantially all of the capital stock or assets of another Person.
Appears in 17 contracts
Samples: Venture Loan and Security Agreement, Venture Loan and Security Agreement (Xtera Communications, Inc.), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 11 contracts
Samples: Loan and Security Agreement (U.S. Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp), Loan and Security Agreement (US Dry Cleaning Services Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person (other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower) or acquire all or substantially all of the capital stock or assets of another Personanother.
Appears in 9 contracts
Samples: Subordinated Convertible Loan Facility and Security Agreement, Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.), Subordinated Convertible Loan Facility and Security Agreement (Enphase Energy, Inc.)
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the capital stock or assets property of another Person, other than Permitted Investments.
Appears in 8 contracts
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC), Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)
Mergers or Acquisitions. Merge or consolidate with or into any other Person or acquire all or substantially all of the capital stock or assets of another PersonPerson other than mergers or consolidations of a Subsidiary into another Subsidiary of the Borrower or into the Borrower.
Appears in 7 contracts
Samples: Venture Loan and Security Agreement, Security Agreement, Venture Loan and Security Agreement (Ambit Biosciences Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 7 contracts
Samples: Loan and Security Agreement (Synchronicity Inc), Stock and Warrant Purchase Agreement (Pc Quote Inc), Stock and Warrant Purchase Agreement (Hyperfeed Technologies Inc)
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire acquire, all or substantially all of the capital stock or assets property of another Person.
Appears in 5 contracts
Samples: Loan, Security and Guarantee Agreement, Loan, Security and Guarantee Agreement (Ener-Core Inc.), Loan Agreement (Ener-Core Inc.)
Mergers or Acquisitions. Merge or consolidate or agree to merge or consolidate, with or into any other Person business organization, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 2 contracts
Samples: Secured Convertible Promissory Note (Hyperfeed Technologies Inc), Secured Convertible Promissory Note (Hyperfeed Technologies Inc)
Mergers or Acquisitions. Merge or consolidate with or into any other ----------------------- Person or acquire or all or substantially all of the capital stock or assets of another Person.
Appears in 2 contracts
Samples: Loan Agreement (Pilot Network Services Inc), Loan and Security Agreement (Exodus Communications Inc)
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another PersonPerson or business line of another Person (including, without limitation, by the formation of any Subsidiary) or enter into any agreement to do any of the same; provided, that in any such merger or consolidation involving a Borrower or a Guarantor, such Borrower or Guarantor, respectively, shall be the surviving entity.
Appears in 2 contracts
Samples: Loan and Security Agreement (Metacrine, Inc.), Loan and Security Agreement (Metacrine, Inc.)
Mergers or Acquisitions. Merge or consolidate consolidate, with or into any other Person business organization or entity, including without any other Borrower or Guarantor, or, other than the Acquisition Transaction, acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Entrade Inc)
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another Person; provided, that any Subsidiary may merge or consolidate into Borrowers.
Appears in 2 contracts
Samples: Debtor in Possession Loan and Security Agreement, Debtor in Possession Loan and Security Agreement (Capital Growth Systems Inc /Fl/)
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the capital stock or assets property of another Person, other than Permitted Investments (including without limitation in connection with the making or consummation of a Permitted Investment).
Appears in 2 contracts
Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Loan, Guarantee and Security Agreement (Great Elm Capital Corp.)
Mergers or Acquisitions. Merge Except pursuant to the terms and conditions of the Merger Agreement, merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 2 contracts
Samples: Loan and Security Agreement (Starbase Corp), Loan and Security Agreement (Borland Software Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the capital stock Equity Interests or assets property of another Person.
Appears in 1 contract
Samples: Loan Agreement (Vystar Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the shares, capital stock or assets property of another Person, other than Permitted Investments.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire all or substantially all of the capital stock or assets property of another Person, other than Permitted Investment.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire acquire, all or substantially all of the capital stock or assets property of another Personperson or entity.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock stock, shares or assets property of another Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Learn SPAC HoldCo, Inc.)
Mergers or Acquisitions. Merge or consolidate with or into any other Person or acquire all or substantially all of the capital stock or assets of another PersonPerson other than mergers or consolidations of a Subsidiary into another Subsidiary or into Borrower (provided Borrower is the surviving corporation).
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock stock, shares, equity or assets property of another Person.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another Personperson.
Appears in 1 contract
Samples: Loan Agreement (Pharsight Corp)
Mergers or Acquisitions. Merge or consolidate with or into any other Person or acquire or all or substantially all of the capital stock or assets of another Person.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another Person.; or
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or ----------------------- into any other Person or acquire or all or substantially all of the capital stock or assets of another Person.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person Person, or acquire all or substantially all of the capital stock or assets property of another PersonPerson or business line of another Person (including, without limitation, by the formation of any Subsidiary) or enter into any agreement to do any of the same.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate with or into any other Person business organization, or acquire directly or indirectly all or substantially all of the capital stock or assets property of another Person.
Appears in 1 contract
Mergers or Acquisitions. Merge or consolidate to merge or ----------------------- consolidate, with or into any other Person business organization or entity, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 1 contract
Samples: Option Agreement (Amerigon Inc)
Mergers or Acquisitions. Merge or consolidate with or into any other Person or Person, or, except as authorized in its LLC Agreement, acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 1 contract
Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
