Common use of Transfer; Merger Clause in Contracts

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-out or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of a Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to a Borrower; (c) dispose of used, worn-out or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-out worn‑out or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ ' prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-worn out or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties Borrower shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties Borrower may:: of Borrower; (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties;Business (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-out or surplus equipment in the Ordinary Course of Business of the Credit PartiesBorrower; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit PartiesBorrower; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit PartiesBorrower; and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-out wornout or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and (f) grant Permitted Liens.

Transfer; Merger. The Credit Parties shall not, either directly or indirectly, permit a Change in Control, merge, consolidate, sell, transfer, license, lease, encumber or otherwise dispose of all or any part of its property or business or all or any substantial part of its assets, or sell or discount (with or without recourse) any of its Notes Note (as defined in the UCC), Chattel Paper, Payment Intangibles or Accounts; provided, however, that the Credit Parties may: (a) sell or lease Inventory and Equipment in the Ordinary Course of Business of the Credit Parties; (b) upon not less than three (3) Business Days’ prior written notice to Lender, any Subsidiary of Borrower may merge with (so long as the Borrower remains the surviving entity), or dissolve or liquidate into, or transfer its property to Borrower; (c) dispose of used, worn-out or surplus equipment in the Ordinary Course of Business of the Credit Parties; (d) discount or write-off overdue Accounts for collection in the Ordinary Course of Business of the Credit Parties; (e) sell or otherwise dispose (including cancellation of Funded Indebtedness) of any Investment permitted under Section 9.3 in the Ordinary Course of Business of the Credit Parties; and (f) grant Permitted Liens.