Common use of Mergers, Subsidiaries, Etc Clause in Contracts

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 30 contracts

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Td Synnex Corp)

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Mergers, Subsidiaries, Etc. The No Borrower shall not directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock stock of, or otherwise combine with or acquire, any Person.

Appears in 4 contracts

Samples: Loan Agreement (Fruehauf Trailer Corp), Inertial Products Purchase Agreement (Wpi Group Inc), Convertible Note Agreement (Wpi Group Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, Subsidiary (other than MPE 2) or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Xerox Corp), Loan Agreement (Xerox Corp)

Mergers, Subsidiaries, Etc. The Borrower Borrowers shall not not, directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, Subsidiary in addition to the existing Subsidiaries of Borrowers; or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person, without first receiving the prior written consent of Lender.

Appears in 2 contracts

Samples: Credit Agreement (Integrated Healthcare Holdings Inc), Credit Agreement (Integrated Healthcare Holdings Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not not, directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, Subsidiary in addition to the existing Subsidiaries of Borrower; or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Credit Agreement (Integrated Healthcare Holdings Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, otherwise (ia) form or acquire any Subsidiary, or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) otherwise merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Receivables Funding Agreement (Ingram Micro Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock stock of, or otherwise combine with or acquirewith, any Person.

Appears in 1 contract

Samples: Credit Agreement (Ladish Co Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock stock of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Credit and Security Agreement (Basic Energy Services Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock Equity Interests of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)

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Mergers, Subsidiaries, Etc. The Borrower shall not directly or --------------------------- indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person.

Appears in 1 contract

Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)

Mergers, Subsidiaries, Etc. The Borrower Borrowers shall not not, directly or indirectly, by operation of law or otherwise, (i) form or acquire any Subsidiary, Subsidiary in addition to the existing Subsidiaries of Borrowers; or (ii) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person, without first receiving the prior written consent of Lenders.

Appears in 1 contract

Samples: Credit Agreement (Integrated Healthcare Holdings Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any PersonPerson without prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement

Mergers, Subsidiaries, Etc. The No Borrower shall not directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock of, or otherwise combine with or acquire, any Person, other than mergers, consolidations or acquisitions among Borrowers.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (WTD Industries Inc)

Mergers, Subsidiaries, Etc. The Borrower shall not directly or indirectly, by operation of law or otherwise, (ia) form or acquire any Subsidiary, or (iib) merge with, consolidate with, acquire all or substantially all of the assets or capital Stock stock of, or otherwise combine with or acquire, any Person; provided, that, the acquisition of any assets by Borrower in connection with any Liquidation Sale pursuant to the Liquidation Sales Agreements shall not be violation of this covenant.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

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