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 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 7 contracts

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

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Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its their Stock, or liquidate, wind up, or dissolve itself themselves (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 substantially all of its their property or assets.; provided, however, that:

Appears in 4 contracts

Samples: Loan and Security Agreement (Majestic Holdco, LLC), Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Star Casino LLC)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolutionsuch event), or reincorporate in a different jurisdiction or (except as otherwise provided in Section 7.4) convey, sell, assign, lease, transfer, or otherwise dispose of, in one a single transaction or a series of transactions, all or any substantial part of its property or assets.

Appears in 3 contracts

Samples: Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Prospect Acquisition Corp), Loan Agreement (Kennedy Wilson Inc)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its 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 substantially all of its property or assets.; provided, however, that Borrower or any Restricted Subsidiary may enter into a merger or consolidation so long as:

Appears in 1 contract

Samples: Loan and Security Agreement (Majestic Star Casino LLC)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, amalgamation, arrangement or recapitalization, or reclassify its Stockcapital 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 substantially all of its property or assets.assets (except to the extent permitted by Section 7.4 herein). Notwithstanding the foregoing:

Appears in 1 contract

Samples: Loan and Security Agreement (Anc Rental Corp)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution), or reincorporate in a different jurisdiction 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., except for the following:

Appears in 1 contract

Samples: Loan Agreement (Ess Technology Inc)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalizationre-capitalization, or reclassify its Stockcapital 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., except that:

Appears in 1 contract

Samples: Loan and Security Agreement (Grant Geophysical Inc)

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Restrictions on Fundamental Changes. Enter Except for transactions among Borrowers, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital 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. Enter Except in connection with Permitted Dispositions, 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 (Banyan Systems Inc)

Restrictions on Fundamental Changes. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital 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. Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its 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.any

Appears in 1 contract

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

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