Common use of Restrictions on Fundamental Changes Clause in Contracts

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 24 contracts

Samples: Loan and Security Agreement (Incomnet Inc), Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Wam Net Inc)

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Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stockStock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 7 contracts

Samples: Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (Sands Regent), Loan and Security Agreement (Garden Botanika Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.;

Appears in 3 contracts

Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Guitar Center Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 3 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs Capital Corp), Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Peninsula Gaming Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock; or (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 2 contracts

Samples: Loan and Security Agreement (Old Evangeline Downs LLC), Loan and Security Agreement (Peninsula Gaming Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateCapital Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Equifin Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, amalgamation, arrangement or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Telxon Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, amalgamation, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Except for Permitted Dispositions, or convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

Restrictions on Fundamental Changes. Enter Except in connection with Permitted Dispositions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stockStock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Banyan Systems Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidate. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Stock Purchase Agreement (Autotradecenter Com Inc)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalizationrecapitalization (other than reverse stock splits), or reclassify its capital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets; provided, however, that any Borrower may be merged or liquidated into any other Borrower upon 30 day's advance written notice to Foothill.

Appears in 1 contract

Samples: Loan and Security Agreement (Celebrity Inc)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stockStock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.any

Appears in 1 contract

Samples: Loan and Security Agreement (Sirena Apparel Group Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Employee Solutions Inc)

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Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assetsassets except as otherwise provided in Section 7.13(a).

Appears in 1 contract

Samples: Loan and Security Agreement (International Remote Imaging Systems Inc /De/)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Phonetel Technologies Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Except for the consummation of the Borrower Spin-Off, or convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (HPSC Inc)

Restrictions on Fundamental Changes. Enter (a) Other than a Permitted Merger, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stockStock, (b) Other than as a result of a Permitted Merger, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), (c) Other than as a result of a Permitted Merger, suspend or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or go out of a series of transactions, all or any substantial part portion of its property or assetstheir business.

Appears in 1 contract

Samples: Credit Agreement (MSX International Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Except for the consummation of the ACFC Spin-Off, or convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (HPSC Inc)

Restrictions on Fundamental Changes. Enter Except for transactions among Borrowers, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, sell, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (K Tel International Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey. (c) Convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property or assets. (d) Form any new Subsidiary.

Appears in 1 contract

Samples: Loan and Security Agreement (Communications & Power Industries Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital stock, or liquidateStock, (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or convey, (c) Convey, sell, lease, license, assign, lease, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its property assets, or (d) Suspend or assetsgo out of a substantial portion of their business.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Cray Inc)

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