Common use of Mergers, Subsidiaries, Etc Clause in Contracts

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Except as otherwise permitted under Sections 6.2 or 6.8, no Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.. Notwithstanding the foregoing:

Mergers, Subsidiaries, Etc. (a) No Credit Loan Party shall shall, directly or indirectly, by operation of law or otherwise, (a) form merge, consolidate or otherwise combine with any Person or acquire any Subsidiary, or (b) merge with, consolidate with, acquire hold all or substantially all of the assets or Stock ofcapital stock of any Person or form, acquire or otherwise combine with or acquirehold any Subsidiary, any Person.except that:

Mergers, Subsidiaries, Etc. No Credit Party shall, nor shall such Credit Party permit any of its Subsidiaries to, directly or indirectly, by operation of law or otherwise, (ax) form or acquire any Subsidiary, or (by) merge or amalgamate with, consolidate with, acquire all or substantially all of the assets or Stock Equity Interests of, or otherwise combine with or acquire, any Person., except:

Mergers, Subsidiaries, Etc. No Except to the extent permitted by Section 6.2(f), no Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Credit Party may merge with a Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or -------------------------- indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, acquire any Person, except for Permitted Acquisitions, and except that any Subsidiary of Borrower (other than Jumpking and International Holdings) may merge with Borrower.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Loan Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or -------------------------- indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall, or shall permit any of its Subsidiaries to, directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or of otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any SubsidiarySubsidiary (provided that Borrower may form or acquire a Subsidiary (i) in connection with any investment in a joint venture permitted by and subject to the limitations set forth in Section 6.2, and (ii) so long as such Subsidiary becomes a Guarantor), or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No (a) The Credit Party Parties shall not directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (bi) merge withor consolidate with any Person, consolidate with, (ii) acquire all or substantially all of the assets Stock or Stock ofEquivalents of any Person or (iii) acquire any brand or all or substantially all of the assets of any Person or all or substantially all of the assets constituting any line of business, division, branch, operating division or otherwise combine with or acquire, other unit operation of any Person., in each case except:

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, acquire any Person, other than any merger or consolidation of any Credit Party into Borrower so long as Borrower is the survivor of such merger or consolidation.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower; PROVIDED, that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person or operating division of any Person, except that any Credit Party may merge with another Credit Party, provided that Bon-Ton and Parent shall be the survivor of any such merger to which each may be a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) amalgamate or merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or --------------------------- indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person or any division of any Person; provided that any Guarantor (other than Parent) -------- may merge with any other Credit Party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person. Notwithstanding the foregoing sentence, Borrower may enter into Permitted Acquisitions.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any PersonPerson (except that any Credit Party may merge or consolidate with another Credit Party, provided that if a Borrower is a party to any such merger, a Borrower shall be the survivor of such merger).

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, unless the same shall constitute a Designated Acquisition, (a) form or acquire any Subsidiary, except as permitted by Section 6.2, or (b) merge with, with (except for the Merger and the merger of any Subsidiary of Borrower with and into Borrower or a Credit Party other than Holdings) or consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person or any division of any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person; provided, however, that the Borrower may consummate the Big Gun Acquisition.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.. 6.2

Mergers, Subsidiaries, Etc. No Credit Loan Party shall shall, directly or indirectly, by operation of law or otherwise, (a) form amalgamate or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock shares of, or otherwise combine with or acquirewith, any PersonPerson or form or acquire any Subsidiary.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Credit Party may merge with or dissolve into a Borrower, provided that Borrower Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or -------------------------- indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that any Borrower may merge with another Borrower, provided that Borrower -------- Representative shall be the survivor of any such merger to which it is a party.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or -------------------------- indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person or operating division of any Person, except that any Credit Party may merge with another Credit Party, provided that Bon-Ton -------- and Parent shall be the survivor of any such merger to which each may be a party.

Mergers, Subsidiaries, Etc. (a) No Credit Party shall directly or indirectly, by operation of law or otherwise, (ax) form or acquire any Subsidiary, or (by) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.Person (other than the Acquisition consummated on the Closing Date), except that:

Mergers, Subsidiaries, Etc. (a) No Credit Party (other than Holdings) shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or and (b) no Credit Party shall merge with, consolidate with, acquire all or substantially all of the assets or Stock capital stock of, or otherwise combine with or acquire, any Person; provided, that any Subsidiary may merge with or into any other Subsidiary or with and into Borrower (so long as Borrower is the surviving corporation of any such merger).

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, in each case without the prior written consent of Requisite Lenders.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, except that Shiny may merge into Borrower provided that (i) Borrower is the surviving entity of any such merger and (ii) such merger is completed prior to June 30, 2003.

Mergers, Subsidiaries, Etc. No Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person., except that:

Mergers, Subsidiaries, Etc. No no Credit Party shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, or (b) merge with, consolidate with, acquire all or substantially all of the assets or Stock of, or otherwise combine with or acquire, any Person, unless such merger or acquisition is substantially comprised of Drilling Rigs.