Common use of Prohibition of Fundamental Changes Clause in Contracts

Prohibition of Fundamental Changes. The Borrower shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (Newtek Business Services Inc), Loan Agreement (American Business Financial Services Inc /De/), Administration Agreement (American Business Financial Services Inc /De/)

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Prohibition of Fundamental Changes. The Neither the Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Loan and Security Agreement (Cityscape Financial Corp), Master Loan and Security Agreement (Cityscape Financial Corp)

Prohibition of Fundamental Changes. The Neither the Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamationamalgamation (other than among Affiliates), or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assetsassets (other than to Affiliates), without the prior written consent of the Lender (determined in good faith).

Appears in 1 contract

Samples: Warehouse and Security Agreement (CNL American Properties Fund Inc)

Prohibition of Fundamental Changes. The Without the Lender's prior written consent, neither the Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Chastain Capital Corp)

Prohibition of Fundamental Changes. The Borrower Each of the Borrowers shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets.

Appears in 1 contract

Samples: Credit Agreement (Anthracite Capital Inc)

Prohibition of Fundamental Changes. The Neither Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or -115- 121 suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Prohibition of Fundamental Changes. The Neither the Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamation, or similar transaction or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (BNC Mortgage Inc)

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Prohibition of Fundamental Changes. The Borrower shall not, and shall not permit any of its Subsidiaries to, enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up liquidation or dissolution) or sell all make any substantial change in the basic type of business conducted by the Borrower or substantially all such Subsidiary as of its assets.the date hereof except that:

Appears in 1 contract

Samples: Loan and Security Agreement (It Partners Inc)

Prohibition of Fundamental Changes. The No Borrower shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assetsassets other than a Permitted Consolidation.

Appears in 1 contract

Samples: Credit Agreement (Affordable Residential Communities Inc)

Prohibition of Fundamental Changes. The Neither Borrower nor any of its Subsidiaries shall not enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation, winding up or dissolution) or sell all or substantially all of its assets, without the prior written consent of the Lender.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

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