Mergers; Sales of Assets. Sell all or substantially all of its property and assets to, or consolidate with or merge into, any other corporation, if the effect of such sale or merger would cause a “Default” or an “Event of Default” under this Agreement or the Indenture. The Seller shall promptly provide written notice to the Rating Agency of any such sale, consolidation or merger which would cause a “Default” or an “Event of Default” under this Agreement or the Indenture.
Mergers; Sales of Assets a) Except to the extent permitted by the last sentence of this subparagraph 8.(ad), liquidate or dissolve, or merge, consolidate with or into, or convey, transfer, lease, or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of its assets (whether now owned or hereafter acquired), to any Person, or enter into any joint venture, partnership or other combination which involves the investment, sale, lease, loan, or other disposition of the business or all of the assets of Tenant and its Subsidiaries or so much thereof as, in the reasonable opinion of Landlord, constitutes a substantial portion of such business or assets.
Mergers; Sales of Assets. The Borrower shall not merge or consolidate with any other corporation or sell, lease, transfer, or otherwise dispose of all or any substantial part of the assets of the Borrower or enter into any sale and leaseback transaction or arrangement with respect to any properties of the Borrower, change the name of the Borrower, or wind up, liquidate, or dissolve, or agree to do any of the foregoing, except that the Borrower may sell in the ordinary course of business assets or properties no longer necessary for the proper conduct of the business of the Borrower having a value amounting, in any single transaction, to not more than $50,000.00.
Mergers; Sales of Assets. Merge or consolidate with or sell, assign, lease or otherwise dispose of (whether in one transaction or in a series of transactions) all or substantially all of their assets (whether now owned or hereafter acquired) to, any Person or entity. The Borrower shall not sell, assign, lease or otherwise dispose of any of their assets, except in the ordinary course of business.
Mergers; Sales of Assets. Sale-Leasebacks and other Fundamental Changes), Section 6.04 (Investments, Loans, Advances, Guarantees and Acquisitions), Section 6.06 (Restricted Payments), Section 6.07 (Transactions with Affiliates), Section 6.11 (Amendments to Organic Documents), or Section 6.13 (
Mergers; Sales of Assets. Merge into or consolidate with any Person or assign, transfer, sell, or otherwise dispose of all or substantially all of its assets to any Person.
Mergers; Sales of Assets. The Borrower shall not merge into or consolidate with, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) any of the Borrower Assets other than ordinary course sales or dispositions of the Borrower Assets in the conduct of its business and other than as contemplated in the Program Documents, provided, however, that in the event such ordinary course sale or transfer of Borrower Assets would result in a decrease in the aggregate Asset Value of Eligible Collateral (as set forth in the most recent Investor Report) equal to or greater than 10%, such sale shall be permitted only if the Borrower delivers to the Agent a certificate demonstrating compliance with the Borrowing Base Test after giving effect to such sale.
Mergers; Sales of Assets. Adopt or carry out any plan of liquidation, partial liquidation or recapitalization, or merge into or consolidate with, or convey, transfer, lease or otherwise dispose of (whether in one transaction or in a series of transactions) any of its Assets other than ordinary course sales of Assets in the conduct of its business as an investment company and in accordance with the Investment Policies and Restrictions and other than as contemplated by this Agreement and the Control Agreement, PROVIDED, HOWEVER, that in the event such ordinary course sale or transfer of Assets would result in a decrease in the Net Adjusted Borrowing Base Eligible Asset Value (as set forth in the most recent Investor Report) equal to or greater than 10%, such sale shall be permitted only if the Borrower delivers to the Agent a certificate demonstrating compliance with the Borrowing Base Test and the Asset Coverage Test after giving effect to such sale.
Mergers; Sales of Assets. Other than as contemplated by the Divio Merger Agreement, merge or consolidate with any other corporation, sell, lease, transfer, or otherwise dispose of all or any substantial part of the assets of any Credit Party or enter into any sale and leaseback transaction or arrangement with respect to any properties of any Credit Party, (without ten (10) Business Days’ prior written notice to the Bank) change the name of Guarantor or Borrower, or wind up, liquidate, or dissolve, except that Borrower may (i) sell inventory in the ordinary course of business, (ii) grant Permitted Liens, (iii) make loans and investments permitted hereunder, and (iv) dispose of assets or properties no longer necessary for the proper conduct of the business of Borrower having a value accounting, in any single transaction, to not more than $100,000. Without the prior consent of the Bank (which will not be unreasonably withheld or delayed, provided, however, that in connection with any such consent, the Bank specifically reserves the right to require such subsidiary to become a guarantor of the Liabilities hereunder), Borrower shall not create any subsidiaries.
Mergers; Sales of Assets. Sale-Leasebacks and other Fundamental Changes 56 SECTION 6.04. Investments, Loans, Advances, Guarantees and Acquisitions 57 SECTION 6.05. Hedging Agreements; Put Agreements 58 SECTION 6.06. Restricted Payments 58 SECTION 6.07. Transactions with Affiliates 58 SECTION 6.08. Restrictive Agreements 59 SECTION 6.09. Changes in Accounting Principles; Fiscal Year 59 SECTION 6.10. Lease Obligations 59 SECTION 6.11. Amendments to Organic Documents 59 SECTION 6.12. Financial Covenants 59 SECTION 6.13. Permitted Junior Debt and Amendments to Permitted Junior Debt Documents 60 Events of Default
