Borrower Merger Agreement definition

Borrower Merger Agreement shall have the meaning assigned in Amendment No. 2.
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Borrower Merger Agreement means an agreement, subject to the approval of the Required Lenders, pursuant to which the Borrower will merge with or into or be acquired by or transfer all or substantially all of its assets to another Person, which transaction shall be consummated no later than October 30, 2009 (unless otherwise agreed by the Required Lenders pursuant to Section 10(b) hereof).
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Borrower Merger Agreement is defined in the second recital.
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Examples of Borrower Merger Agreement in a sentence

  • Subject to the terms of this Agreement, the Lenders hereby consent to (a) the consummation of the Borrower Merger on terms set forth in the Borrower Merger Agreement, (b) the release and termination of the MHI Guaranty and the MELLC Guaranty, and (c) the release of the Equity Collateral from any and all liens granted to the Administrative Agent to secure the Obligations.


More Definitions of Borrower Merger Agreement

Borrower Merger Agreement means that certain Agreement and Plan of Merger to Form Holding Company, dated as of December 22, 2003.
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Related to Borrower Merger Agreement

  • Bank Merger Agreement has the meaning set forth in Section 6.10.

  • Merger Agreement has the meaning set forth in the Recitals.

  • Agreement and Plan of Merger has the meaning set forth in the first recital above.

  • Plan of Merger has the meaning set forth in Section 2.2.

  • Merger Transactions means the Merger and the other transactions relating thereto or contemplated by the Merger Agreement.

  • Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.

  • Financing Transactions means the execution, delivery and performance by each Loan Party of the Loan Documents to which it is to be a party, the borrowing of Loans, the use of the proceeds thereof and the issuance of Letters of Credit hereunder.

  • Collateral Acquisition Agreements means each of the agreements entered into by the Issuer in relation to the purchase by the Issuer of Collateral Debt Obligations from time to time.

  • Financing Transaction means a transaction in which a licensed provider obtains financing from a financing entity including any secured or unsecured financing, any securitization transaction, or any securities offering which is either registered or exempt from registration under federal and state securities law.

  • Merger Transaction means any merger, acquisition or similar transaction involving a recapitalization as contemplated by Rule 10b-18(a)(13)(iv) under the Exchange Act.

  • Pre-Acquisition Reorganization has the meaning set out in Section 6.8;

  • Transaction Agreement has the meaning set forth in the recitals.

  • Company Acquisition Agreement has the meaning set forth in Section 5.04(a).

  • Permitted Merger shall have the meaning set forth in Section 3.01.

  • Cash Merger has the meaning set forth in Section 5.04(b)(ii).

  • Alternative Acquisition Agreement has the meaning set forth in Section 5.3(d).

  • Formation Transactions means the transactions contemplated by this Agreement and the other Formation Transaction Documentation.

  • Limited Condition Acquisition Agreement means, with respect to any Limited Condition Acquisition, the definitive acquisition documentation in respect thereof.

  • Second Merger has the meaning set forth in the Recitals.

  • Related Transactions Documents means the Loan Documents, and all other agreements or instruments executed in connection with the Related Transactions.

  • Company Acquisition Transaction means any transaction or series of transactions involving:

  • Closing Date Acquisition Agreement shall have the meaning assigned to such term in the recitals hereto.

  • Acquisition Transactions means the transactions contemplated by the Acquisition Agreement.

  • securities financing transaction or 'SFT' means a repurchase transaction, a securities or commodities lending or borrowing transaction, or a margin lending transaction;

  • Acquisition Transaction Announcement means (i) the announcement of an Acquisition Transaction, (ii) an announcement that Counterparty or any of its subsidiaries has entered into an agreement, a letter of intent or an understanding designed to result in an Acquisition Transaction, (iii) the announcement of the intention to solicit or enter into, or to explore strategic alternatives or other similar undertaking that may include, an Acquisition Transaction, (iv) any other announcement that in the reasonable judgment of the Calculation Agent may result in an Acquisition Transaction or (v) any announcement of any change or amendment to any previous Acquisition Transaction Announcement (including any announcement of the abandonment of any such previously announced Acquisition Transaction, agreement, letter of intent, understanding or intention). For the avoidance of doubt, announcements as used in the definition of Acquisition Transaction Announcement refer to any public announcement whether made by the Issuer or a third party.

  • Parent Agreement has the meaning given to it in Clause 12;