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.

Appears in 16 contracts

Samples: Secured Debtor in Possession Credit Agreement, Revolving Credit Agreement, Revolving Credit Agreement (Blockbuster Inc)

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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.

Appears in 7 contracts

Samples: Credit Agreement (Rawlings Sporting Goods Co Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Zomax Optical Media Inc)

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.

Appears in 2 contracts

Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)

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.

Appears in 2 contracts

Samples: Credit Agreement (Titan International Inc), Credit Agreement (Home Products International Inc)

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.

Appears in 2 contracts

Samples: Credit Agreement (Penn Traffic Co), Credit Agreement (Penn Traffic Co)

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.

Appears in 1 contract

Samples: Credit Agreement (Pioneer Drilling Co)

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.

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Energy Coal Resources, Inc.)

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.

Appears in 1 contract

Samples: Credit Agreement (PAV Republic, Inc.)

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.

Appears in 1 contract

Samples: Post Petition Loan and Guaranty Agreement (Montgomery Ward Holding Corp)

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.

Appears in 1 contract

Samples: Credit Agreement (Lacrosse Footwear Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Black Warrior Wireline Corp)

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.

Appears in 1 contract

Samples: Credit Agreement (Infogrames Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (FCA Acquisition Corp.)

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

Appears in 1 contract

Samples: Credit Agreement (Butler International Inc /Md/)

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.

Appears in 1 contract

Samples: Credit Agreement (Astec Industries Inc)

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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.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Piano & Organ Co /De/)

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.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Carmike Cinemas Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Analysts International Corp)

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).

Appears in 1 contract

Samples: Credit Agreement (United Shipping & Technology Inc)

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.

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

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).

Appears in 1 contract

Samples: Credit Agreement (Coffeyville Resources, Inc.)

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.

Appears in 1 contract

Samples: Credit Agreement (Black Warrior Wireline Corp)

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.

Appears in 1 contract

Samples: Credit Agreement (Peets Coffee & Tea Inc)

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