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: Security Agreement, Security Agreement (Enphase Energy, Inc.), 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 business organization, or acquire all or substantially all of the capital stock or assets property of another Person.
Appears in 7 contracts
Samples: Stock and Warrant Purchase Agreement (Pc Quote Inc), Stock and Warrant Purchase Agreement (Hyperfeed Technologies Inc), Stock and Warrant Purchase Agreement (Hyperfeed Technologies 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: Security Agreement, Venture Loan and Security Agreement, Security Agreement (Ambit Biosciences Corp)
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: Security and Guarantee Agreement, Loan, Security and Guarantee Agreement (Ener-Core Inc.), Loan, Security and Guarantee Agreement (Ener-Core 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 (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.), 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 (Borland Software Corp), Loan and Security Agreement (Starbase Corp)
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: Hyperfeed Technologies Inc, 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 Agrloan and Security 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 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: Possession Loan and Security Agreement, Loan and Security Agreement (Capital Growth Systems Inc /Fl/)
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 business organization, or acquire all or substantially all of the capital stock Equity Interests 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 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 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 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 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 Person (including, without limitation, by the formation of any Subsidiary), except for a merger or consolidation by a Subsidiary with or into another Subsidiary or a Borrower, provided that in connection with any merger or consolidation involving Borrower Representative or a Borrower, Borrower Representative or such Borrower, as applicable, shall be the surviving 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
Samples: Conformed Loan and Security Agreement (Metacrine, 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.)
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 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 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 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 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 or acquire or all or substantially all of the capital stock or assets of another Person.
Appears in 1 contract