Common use of MERGERS, STOCK ISSUANCES, SALE OF ASSETS, ETC Clause in Contracts

MERGERS, STOCK ISSUANCES, SALE OF ASSETS, ETC. (a) The Borrower shall not and shall not permit any of its Subsidiaries to (i) merge with any Person, (ii) consolidate with any Person, (iii) acquire all or substantially all of the Stock or Stock Equivalents of any Person, (iv) acquire all or substantially all of the assets of any Person, (v) enter into any joint venture or partnership with any Person, (vi) sell, lease, transfer or otherwise dispose of, whether in one transaction or in a series of transactions all or substantially all of its assets, except as permitted pursuant to subsection (c) below, or (vii) form any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Elder Beerman Stores Corp)

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MERGERS, STOCK ISSUANCES, SALE OF ASSETS, ETC. (a) The Borrower shall not and shall not permit any of its Subsidiaries to (i) merge with any PersonPerson (other than the merger of Acquisition Sub with and into EBWVA on the Effective Date), (ii) consolidate with any Person, (iii) acquire all or substantially all of the Stock or Stock Equivalents of any Person, (iv) acquire all or substantially all of the assets of any Person, (v) enter into any joint venture or partnership with any Person, (vi) sell, lease, transfer or otherwise dispose of, whether in one transaction or in a series of transactions all or substantially all of its assets, except as permitted pursuant to subsection (c) below, or (vii) form any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Elder Beerman Stores Corp)

MERGERS, STOCK ISSUANCES, SALE OF ASSETS, ETC. (a) The Borrower shall not not, and shall not permit any of its Subsidiaries to to, (i) merge with any Person, (ii) consolidate with any Person, (iii) acquire all or substantially all of the Stock or and Stock Equivalents of any Person, (iv) acquire all or substantially all of the assets of any Person, (v) enter into any joint venture or partnership with any Person, (vi) sell, lease, transfer or otherwise dispose of, whether in one transaction or in a series of transactions transactions, all or substantially all of its assets, except as permitted pursuant to subsection PARAGRAPH (c) below, below or (vii) form any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Elder Beerman Stores Corp)

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MERGERS, STOCK ISSUANCES, SALE OF ASSETS, ETC. (a) The Borrower shall not and shall not permit any of its Subsidiaries to (i) merge with any Person, (ii) consolidate with any Person, (iii) acquire all or substantially all of the Stock or Stock Equivalents of any Person, (iv) acquire all or substantially all of the assets of any Person, (v) enter into any joint venture or partnership with any Person, (vi) sell, lease, transfer or otherwise dispose of, whether in one transaction or in a series of transactions all or substantially all of its assets, except as permitted pursuant to subsection (c) below, below or (vii) form any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Elder Beerman Stores Corp)

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