Merger and Consolidation; Transfer of Assets Clause Samples

Merger and Consolidation; Transfer of Assets. The Issuer will not merge or consolidate with or into any other Person or transfer all or substantially all of its assets, unless:
Merger and Consolidation; Transfer of Assets. Neither Borrower will merge or consolidate with or into any other Person or, except as permitted by the related Titling Company LLC Agreement and the other Basic Documents, transfer all or substantially all of its assets, unless:
Merger and Consolidation; Transfer of Assets. The Company will not, and will not permit any Subsidiary to, consolidate or merge with or into, or Transfer any of its assets to, any other Person, except that, so long as no Default or Event of Default has occurred and is continuing or would result from any such event: (i) any Subsidiary may consolidate or merge with or into the Company; provided that the Company is the continuing or surviving corporation; (ii) any Subsidiary may consolidate or merge with or into any other Domestic Subsidiary of the Company; (iii) the Company may consolidate or merge with any other solvent corporation; provided that (a) the Company shall be the continuing or surviving corporation; (iv) any Subsidiary may Transfer assets to the Company or another Domestic Subsidiary of the Company; (v) the Company or any Subsidiary may sell inventory in the ordinary course of business; (vi) the Company or any Subsidiary may otherwise Transfer assets; provided that after giving effect thereto (a) the Annual Percentage of Assets Transferred pursuant to this clause (vi) shall not exceed 10%, and (b) the Cumulative Percentage of Assets Transferred pursuant to this clause (vi) shall not exceed 20%; and (vii) any Subsidiary may consolidate or merge with another Person if otherwise permitted under paragraph 6L; provided that the continuing or surviving Person following such consolidation or merger is a Subsidiary.

Related to Merger and Consolidation; Transfer of Assets

  • Merger or Consolidation Transfer of Assets If the Owner Trustee merges or consolidates with, or transfers its corporate trust business or assets to, any Person, the resulting, surviving or transferee Person will be the successor Owner Trustee so long as that Person is qualified and eligible under Section 9.1. The Owner Trustee will (i) notify the Issuer and the Administrator (who will notify the Rating Agencies) of the merger or consolidation within 15 Business Days of the event and (ii) file a certificate of amendment to the Certificate of Trust as required by Section 9.3(e).