Common use of No Acquisitions Clause in Contracts

No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a class.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp), Stockholders' Agreement (Diversa Corp)

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No Acquisitions. The Company shall not, nor and it shall it not permit any of its Subsidiaries subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classthereof.

Appears in 4 contracts

Samples: Merger Agreement (Consol Inc), Merger Agreement (Rochester & Pittsburgh Coal Co), Merger Agreement (Federal Paper Board Co Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire acquire, by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, by forming a partnership or joint venture with, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Sharesor otherwise acquire or agree to acquire any assets, voting together as a classrights or properties.

Appears in 3 contracts

Samples: Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (NGAS Resources Inc)

No Acquisitions. The Company shall not, nor shall it permit any of its the Company Subsidiaries to, acquire or agree to acquire (by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, ) any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any assets other than in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classits business consistent with past practice.

Appears in 3 contracts

Samples: Merger Agreement (Niagara Mohawk Power Corp /Ny/), Merger Agreement (National Grid Group PLC), Merger Agreement (National Grid Group PLC)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging merger or consolidating withconsolidation, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classthereof.

Appears in 3 contracts

Samples: Merger Agreement, Merger Agreement (Walt Disney Co/), Agreement and Plan of Merger (Pixar \Ca\)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire acquire, including by merging or consolidating with, or by purchasing a substantial equity interest in in, or a substantial portion all or substantially all of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any material amount of assets, other than assets acquired in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness.

Appears in 2 contracts

Samples: Merger Agreement (Eresearchtechnology Inc /De/), Merger Agreement (Princeton Security Technologies, Inc.)

No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, merge or consolidate with, or acquire any equity interest in, any corporation, partnership, association or other business organization, or enter into an agreement with respect thereto. The Company shall not acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion any assets of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without thereof, except for the approval purchase of inventory and supplies in the holders ordinary course of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness.

Appears in 2 contracts

Samples: Merger Agreement (Tmil Corp), Merger Agreement (Madison Dearborn Partners Inc)

No Acquisitions. The Company shall not, nor and it shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial any equity interest in or a substantial portion of the assets or indebtedness of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without (other than purchases in the approval ordinary course of business) for consideration in excess of $50,000 in any one transaction or series of related transactions or $200,000 in the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classaggregate.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Sequenom Inc), Securities Purchase Agreement (Sequenom Inc)

No Acquisitions. The Company shall not, nor shall it permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval prior consent of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classTAGTCR.

Appears in 2 contracts

Samples: Merger Agreement (Compdent Corp), Agreement and Plan of Merger (Compdent Corp)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire acquire: (i) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without thereof; or (ii) any assets, except for purchases of merchandise, inventory or supplies in the approval of the holders of at least 75% Ordinary Course and capital expenditures in interest of the Covenant Preferred Shares, voting together as a classcompliance with Section 6.1(l).

Appears in 2 contracts

Samples: Merger Agreement (Ani Pharmaceuticals Inc), Merger Agreement (Ani Pharmaceuticals Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging merger or consolidating withconsolidation, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any assets (excluding the approval acquisition of assets in the holders ordinary course of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness).

Appears in 2 contracts

Samples: Merger Agreement (Solexa, Inc.), Merger Agreement (Illumina Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire (i) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or (ii) any assets that are material, individually or in the approval of aggregate, to the holders of at least 75% in interest of the Covenant Preferred Shares, voting together Company and its Subsidiaries taken as a classwhole, except purchases of inventory and fixed assets in the ordinary course of business consistent with past practice.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Netwolves Corp), Stock Purchase Agreement (Norstan Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, (i) acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business (including by acquisition of assets) or any corporation, partnership, association or other business organization or division thereof without or (ii) acquire or agree to acquire, directly or indirectly, any assets or securities that would require a filing or approval under the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classHSR Act.

Appears in 2 contracts

Samples: Merger Agreement (Chesapeake Utilities Corp), Merger Agreement (Florida Public Utilities Co)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire (or agree to acquire acquire) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any assets, stock or operations of another company, other than acquisitions of inventory, equipment or raw materials in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness consistent with past practice.

Appears in 1 contract

Samples: Merger Agreement (JLM Industries Inc)

No Acquisitions. The Company shall not, nor and it shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial any equity interest in or a substantial portion any of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classthereof.

Appears in 1 contract

Samples: Merger Agreement (Haggar Corp)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire (or agree to acquire or take any steps to facilitate the acquisition of) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets ofor, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a class.outside

Appears in 1 contract

Samples: Merger Agreement (Usa Networks Inc)

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No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire acquire, including by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, by forming a partnership or joint venture with, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Sharesor otherwise acquire or agree to acquire any material assets, voting together as a classrights or properties.

Appears in 1 contract

Samples: Merger Agreement (Kendle International Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire (or agree to acquire or take any steps to facilitate the acquisition of) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval or otherwise acquire or agree to acquire any assets, stock or operations of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classanother Person.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nortek Holdings Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire (or agree to acquire or take any steps to facilitate the acquisition of) by merging or consolidating with, or by purchasing a substantial equity interest in or or, outside of the ordinary course of business, a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval or otherwise acquire or agree to acquire any such assets, stock or operations of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classanother company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Precision Response Corp)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire (i) by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the stock or assets of, or by any other manner, any business or any corporation, partnership, limited liability company, association or other business organization or division thereof without or (ii) any assets, except for purchases of inventory items or supplies in the approval ordinary course of the holders of at least 75% business consistent with past practice and capital expenditures in interest of the Covenant Preferred Shares, voting together as a classcompliance with Section 5.1(l).

Appears in 1 contract

Samples: Merger Agreement (MEDecision, Inc.)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging merger or consolidating withconsolidation, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without thereof. The Company shall not, and shall not permit any of its Subsidiaries to, otherwise acquire or agree to acquire any other assets other than in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness.

Appears in 1 contract

Samples: Merger Agreement (Icos Corp)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classthereof.

Appears in 1 contract

Samples: Merger Agreement (HPSC Inc)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in in, or a substantial portion all or substantially all of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any material amount of assets, other than in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness consistent with past practice.

Appears in 1 contract

Samples: Merger Agreement (Phoenix Technologies LTD)

No Acquisitions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, acquire or agree to acquire by merging or consolidating with, or by purchasing a substantial equity interest in or a substantial portion of the a material amount of assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof without or otherwise acquire or agree to acquire any assets, other than in the approval ordinary course of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classbusiness consistent with past practice.

Appears in 1 contract

Samples: Merger Agreement (DBT Online Inc)

No Acquisitions. The Company shall not, nor and shall it permit any of cause its Subsidiaries not to, acquire or agree to acquire (including, without limitation, by merging merger, consolidation or consolidating with, acquisition of stock or by purchasing a substantial equity interest in or a substantial portion of the assets of, or by any other manner, assets) any business or any interest therein, including through the acquisition of any interest in any corporation, partnership, joint venture, association or other business organization or division thereof without the approval of the holders of at least 75% in interest of the Covenant Preferred Shares, voting together as a classthereof.

Appears in 1 contract

Samples: Merger Agreement (Isle of Capri Casinos Inc)

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