Common use of The Borrower’s Maintenance of its Existence Clause in Contracts

The Borrower’s Maintenance of its Existence. The Borrower covenants and agrees that it will maintain its existence and will not dissolve, nor will it sell or otherwise transfer the Project or all or substantially all of its assets, nor will it consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it. Notwithstanding the foregoing, the Borrower may, without violating the covenants contained in this Section, consolidate with or merge into another entity, or permit one or more other entities to consolidate with or merge into it, or sell or otherwise transfer to another entity the Project or all or substantially all of its assets as an entirety and thereafter dissolve, if:

Appears in 3 contracts

Samples: Loan Agreement (RBC Bearings INC), Loan Agreement (Provena Foods Inc), Loan Agreement (Roller Bearing Co of America Inc)

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The Borrower’s Maintenance of its Existence. The Borrower covenants and agrees that it will maintain its existence and will not dissolve, nor will it sell sell, or otherwise transfer the Project or dispose of all or substantially all of its assets, nor will it consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it. Notwithstanding the foregoing, the Borrower may, without violating the covenants contained in this Section, consolidate with or merge into another entity, or permit one or more other entities to consolidate with or merge into it, or sell or otherwise transfer to another entity the Project or all or substantially all of its assets as an entirety and thereafter dissolve, if:

Appears in 1 contract

Samples: Loan Agreement (Advanced Aerodynamics & Structures Inc/)

The Borrower’s Maintenance of its Existence. The Borrower covenants and agrees that it will shall maintain its the existence of the Borrower and will shall not dissolve, nor will it sell sell, or otherwise transfer the Project or dispose of all or substantially all of its assets, nor will it consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it. Notwithstanding the foregoing, the Borrower may, without violating the covenants contained in this Section, consolidate with or merge into another entity, or permit one or more other entities to consolidate with or merge into it, or sell or otherwise transfer to another entity the Project or all or substantially all of its assets as an entirety and thereafter dissolve, if:

Appears in 1 contract

Samples: Loan Agreement (Peets Coffee & Tea Inc)

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The Borrower’s Maintenance of its Existence. The Borrower covenants and agrees that that, so long as the Bonds are Outstanding, it will maintain its existence and will not dissolve, nor will it sell or otherwise transfer the Project or all or substantially all of its assets, nor will it consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it. Notwithstanding the foregoing, the Borrower may, without violating the covenants contained in this Section, consolidate with or merge into another entity, or permit one or more other entities to consolidate with or merge into it, or sell or otherwise transfer to another entity the Project or all or substantially all of its assets as an entirety and thereafter dissolve, if:

Appears in 1 contract

Samples: Loan Agreement

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