Borrower Merger definition

Borrower Merger means the merger of Merger Sub with and into Target Opco, with Target Opco being the surviving corporation of the Borrower Merger.

Borrower Merger means a transaction pursuant to which BCC shall merge with and into Beneficient Trust Company in accordance with Section 7.04(a).

Borrower Merger means any transaction or a series of related transactions for the direct or indirect acquisition by a Borrower or any other member of its Obligor Group (such Person, the “Surviving Obligor” and, the Borrower that either is the Surviving Obligor (including the ultimate Surviving Obligor as a result of a second-step merger) or is the direct or indirect parent of the Surviving Obligor, as applicable, the “Surviving Borrower”) of another Borrower (such other Borrower, a “Non-Surviving Borrower”, and together with any other member of its Obligor Group that will not survive such transaction, each a “Non-Surviving Obligor”); provided that such transaction or series of related transactions (w) is permitted under Section 6.03, (x) results in substantially all assets of each Non-Surviving Obligor being assumed or acquired by a Surviving Obligor, (y) does not result in a Change in Control of the Surviving Borrower and (z) as a matter of law or pursuant to the express terms of the agreement or certificate effectuating such merger or consolidation, the obligations of each Non-Surviving Obligor under this Agreement and each of the other Loan Documents (other than the Security Documents) to which such Non-Surviving Obligor (and, to the extent applicable, the other members of its Obligor Group) is a party are assumed by the applicable Surviving Obligor (it being the understanding that in connection with any merger or consolidation effectuated in reliance on Section 6.03(e), the obligations of each Non-Surviving Obligor under this Agreement and each of the other Loan Documents (other than the Security Documents) to which such Non-Surviving Obligor is a party shall be deemed automatically assumed hereunder by the applicable Surviving Obligor pursuant to Section 9.20). A “Borrower Merger” will also include any “cash election” merger, any “second-step” merger whereby a Surviving Obligor that is not a Borrower merges or consolidates with and into the Surviving Borrower and any cash paid on account of fractional shares in connection with any such transaction.

Examples of Borrower Merger in a sentence

• Borrower, Merger Sub and Parent have fully paid any and all commitment fees or other fees or deposits required by the Debt Commitment Letter to be paid on or before the date hereof.

• Xxx Title: Chief Financial Officer [Signature Page to Panther ABL Joinder Agreement (Borrower Merger)] SILVER LINE BUILDING PRODUCTS LLC By: /s/ Xxxxx X.

• Changes in Bylaws, for example: making volunteer positions an employee position with titles such as General Manager.

• This capital increase entailed the creation of 6,872,500 new shares which were acquired by CGI.As set out in the Borrower Merger Treaty, senior managers of the merged companies made a declaration, on behalf of the companies, to the tax administration and social security agencies, relating to the payment of their taxes and payroll and similar charges, and any other obligations incurred by the merged companies.

• Xxx Title: Vice President, Secretary and Treasurer [Signature Page to Panther Cash Flow Joinder Agreement (Borrower Merger)] NEW ALENCO EXTRUSION, LTD.

More Definitions of Borrower Merger

Borrower Merger means any transaction or a series of related transactions for the direct or indirect acquisition by the Borrower of MMLC. A “Borrower Merger” will also include any “cash election” merger, any “second-step” merger whereby MMLC merges or consolidates with and into the Borrower and any cash paid on account of fractional shares in connection with any such transaction.

Borrower Merger has the meaning specified in the definition of Permitted Merger Transaction.

Borrower Merger shall have the meaning assigned in Amendment No. 2.

Borrower Merger as defined in the fifth recital to this Agreement.

Borrower Merger means the consummation of the merger of the Initial Borrower with and into DBI, with DBI being the surviving entity, immediately following the Assumption.

Borrower Merger means the merger of Superior Telecommunications Inc. with and into Superior/Essex Corp. in which Superior/Essex Corp. shall be the surviving corporation."

Borrower Merger means the transaction in which, immediately following the occurrence of the Parent Merger, GGC USS Borrower Co., Inc., a Delaware corporation, will merge with and into Company.