Sale or Merger. Subject to any restrictions of the Investment Company Act and applicable law, the Board shall be entitled, without the approval of any Members, to cause the Company to, among other things, sell, exchange or otherwise dispose of all or substantially all of the Company’s assets in a single transaction or series of transactions, including a merger, consolidation or other statutory transaction, or approve on behalf of the Company the sale, exchange or disposition of all or substantially all of the Company’s assets, including a merger, consolidation or other statutory transaction. The Board may also cause the sale of all or substantially all of the Company’s assets under foreclosure or other realization without the consent of any Members.
Sale or Merger. Borrower will not sell to, merge or consolidate with any person or entity or permit any such merger or consolidation with the Borrower, except for:
a. mergers between Borrower and any of its subsidiaries or between any of its subsidiaries, and
b. mergers in which Borrower is the surviving entity.
Sale or Merger. During the term of this Agreement, if MSL decides to sell a substantial portion of its assets or operations outside the ordinary course of its business, or to merge or transfer ownership of MSL to a third Party, MSL will immediately notify IBM. MSL warrants that any new company resulting from the sale or merger of MSL will accept and assume full responsibility for the performance of this Agreement.
Sale or Merger. All options granted to Employee pursuant to this Agreement will become fully exercisable if Employer is sold (or all or substantially all of the assets of Employer are sold) (by stock sale, merger or otherwise) to a third party.
Sale or Merger. Sell or transfer all or any part of the Property or Project in violation of the terms of the Note, or dissolve, liquidate, merge, reorganize, or consolidate the Land or Project.
Sale or Merger. In the event that prior to the Lender’s conversion or full repayment of the Bridge Loan, the Borrower shall have been sold to, consummated a merger or have been acquired by a third party (a “Business Combination”), the Lender shall be entitled to receive an amount equal to the difference between $1.35 and the amount per share received by the Borrower in the Business Combination (the “Business Combination Payment”). The Business Combination Payment shall be paid to the Lender at the closing of the Business Combination (the “Business Combination Closing”) in cash, equity or debt instruments at the option of the Borrower. The Borrower shall furnish the Lender with ten days prior written notice of the Business Combination Closing; and the Borrower shall furnish the Lender with written notice of its intent to pay cash, equity or debt instruments prior to the date of the Business Combination Closing.
Sale or Merger. Subject to any restrictions of the 1940 Act and applicable law, the Board shall be entitled, without the approval of any Members, to cause the Fund to, among other things, sell, exchange or otherwise dispose of all or substantially all of the Fund’s assets in a single transaction or series of transactions, or approve on behalf of the Fund, the sale, exchange or disposition of all or substantially all of the Fund’s assets. The Board may also cause the sale of all or substantially all of the Fund’s assets under foreclosure or other realization without the consent of any Members.
Sale or Merger. In the event of dissolution or liquidation of PMSC or -------------- any merger or combination in which PMSC is not a surviving corporation ("Sale or Merger"), each outstanding Option granted hereunder shall terminate, but the Optionee shall have the right, immediately prior to such dissolution, liquidation, merger or combination, to exercise his or her Option, in whole or in part, to the extent that it shall not have been exercised, without regard to any installment exercise provisions.
Sale or Merger. (i) It shall be an Event of Default under Section 3(a)(viii) if the Maker or a Guarantor:
Sale or Merger. Biomet agrees that in the event it sells, merges, or transfers all or substantially all of its business operations as they exist as of the date of this Agreement, whether such sale is structured as a stock or asset sale, merger, or transfer, it shall include in any contract for sale, merger, or transfer a provision binding the purchaser, or any successor in interest thereto, to the obligations described in this Agreement.