Common use of Restrictions on Fundamental Changes Clause in Contracts

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.

Appears in 5 contracts

Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (Integrated Electrical Services Inc)

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Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that provided, that, a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between a Loan Party and Subsidiaries of a Borrower such Loan Party that are not Loan Parties so long as such Loan Party is the surviving entity of any such merger, and (iii) any merger between Subsidiaries of Parent that are not Loan Parties.,

Appears in 4 contracts

Samples: Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.;

Appears in 4 contracts

Samples: Credit and Security Agreement (StarTek, Inc.), Credit and Security Agreement (Albany Molecular Research Inc), Credit and Security Agreement (Startek Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock; provided, except for (i) that any merger between Loan Parties, provided that of the Credit Parties may merge into another Credit Party or a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan PartiesBorrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Telos Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, party and (ii) any merger between any Loan Party’s Subsidiaries of a Borrower that are not Loan Parties.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Genasys Inc.), Term Loan and Security Agreement

Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Acquisition, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided Parties and Subsidiaries of Parent that a Borrower must be are not Loan Parties so long as such Loan Party is the surviving entity of any such merger to which it is a partymerger, and (ii) any merger between Subsidiaries of a Borrower Parent that are not Loan Parties.,

Appears in 2 contracts

Samples: Credit Agreement (Stanadyne Holdings, Inc.), Guarantied Credit Agreement (Stanadyne Holdings, Inc.)

Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate any Permitted Foreign Subsidiary Reorganization, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between any Loan Party’s Subsidiaries of a Borrower that are not Loan Parties.

Appears in 1 contract

Samples: Credit and Security Agreement (SAExploration Holdings, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties; provided, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between any Loan Party’s Subsidiaries of a Borrower that are not Loan Parties.

Appears in 1 contract

Samples: Credit and Security Agreement (SAExploration Holdings, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a partyBorrowers, and (ii) any merger between a Secured Loan Party and Subsidiaries of a Borrower such Secured Loan Party that are not Loan Parties.Parties so long as such Secured Loan Party is the surviving entity of any such merger,

Appears in 1 contract

Samples: Credit Agreement (Renewable Energy Group, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties; provided, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between any Loan Party’s Subsidiaries of a Borrower that are not Loan PartiesParties and (iii) any merger contemplated in accordance with Section 6.18 hereof.

Appears in 1 contract

Samples: Credit and Security Agreement (SAExploration Holdings, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties., and (iii) any merger between a Subsidiary of a Loan Party and a Loan Party, provided that the Loan Party must be the surviving entity of any such merger;

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock other than mergers, except for consolidations and reorganizations (i) any merger between Loan PartiesParties (other than Borrower, provided that a unless Borrower must be is the surviving entity of any such merger to which it is a partymerger, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.2332

Appears in 1 contract

Samples: Credit Agreement (Jack Cooper Holdings Corp.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for Stock other than the merger of (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is into another Borrower, (ii) a partyLoan Party (other than a Borrower) into another Loan Party, and (iiiii) any merger between Subsidiaries of a Borrower Subsidiary that are is not a Loan Parties.Party into another Subsidiary that is not a Loan Party,

Appears in 1 contract

Samples: Credit Agreement (Velocity Express Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital Stock, except for (i) any a merger between into Borrower of one or more of the other Loan Parties, provided that a Borrower must be is the sole surviving entity of any such merger to which it is a party, and (ii) any merger between mergers of Persons the subject of a Permitted Acquisition into Acquisition Sub or Subsidiaries of a Borrower that CCI which are not Loan Partiesnewly-formed for the purpose of consummating such Permitted Acquisition.

Appears in 1 contract

Samples: Loan and Security Agreement (Convergent Communications Inc /Co)

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Restrictions on Fundamental Changes. (a) Enter enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for other than (i) any a merger between Loan Parties, provided that the Borrowers or (ii) a merger between a Borrower must be and SK with respect to which a Borrower is the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Partiesmerger.

Appears in 1 contract

Samples: Loan and Security Agreement (Learningstar Corp)

Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Acquisition and mergers among the Loan Parties that are described in the proviso to Section 5.12, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.,

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a of which Borrower must be is the surviving entity of any such merger to which it is a partyentity, and (ii) any merger between Subsidiaries of a Borrower that are not Loan PartiesBorrower.

Appears in 1 contract

Samples: Credit and Security Agreement (U.S. Well Services, LLC)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Loan Parties and Subsidiaries of a Borrower that are not Loan Parties so long as such Loan Party is the surviving entity of any such merger, and (iii) any merger between Subsidiaries of Borrower that are not Loan Parties.,

Appears in 1 contract

Samples: Credit Agreement (Navarre Corp /Mn/)

Restrictions on Fundamental Changes. (A) (a) Enter Other than in order to consummate a Permitted Acquisition, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a partyBorrowers, and (ii) any merger between a Secured Loan Party and Subsidiaries of a Borrower such Secured Loan Party that are not Loan Parties.Parties so long as such Secured Loan Party is the surviving entity of any such merger,

Appears in 1 contract

Samples: Credit Agreement (Renewable Energy Group, Inc.)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) as permitted under Section 7.14, (ii) for any merger between Loan Parties, provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (iiiii) for any merger between Subsidiaries of a Borrower that are not Loan Parties.;

Appears in 1 contract

Samples: Credit and Security Agreement (Triangle Petroleum Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan PartiesBorrowers, provided that a Borrower Parent must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.,

Appears in 1 contract

Samples: Credit Agreement (Lincoln Educational Services Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Parties, ; provided that a Borrower must be the surviving entity of any such merger to which it is a party, and (ii) any merger between Subsidiaries of a Borrower that are not Loan Parties.

Appears in 1 contract

Samples: Credit Agreement (BBX Capital Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, except for (i) any merger between Loan Partiesthem and other Borrowers, provided (ii) any merger between them and a Subsidiary of either that is not a Borrower must be so long as such Borrower is the surviving entity of any such merger to which it is a partymerger, and (iiiii) any merger between Subsidiaries of Fabrica in connection with a Borrower that are not Loan Parties.Permitted Acquisition,

Appears in 1 contract

Samples: Credit Agreement (Dixie Group Inc)

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