Common use of Merger, Consolidation, Acquisition and Sale of Assets Clause in Contracts

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of any Person or permit any other Person to consolidate with or merge with it, provided that a Borrower may merge into or consolidate with another Borrower or any Subsidiary, as long as a Borrower is the surviving Person (and with respect to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person). (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Equipment to the extent expressly permitted by Section 4.3 and (ii) any other sales or dispositions expressly permitted by this Agreement.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Osteotech Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of issued by any Person or permit any other Person to consolidate with or merge with it, provided that a Borrower may merge into or consolidate with another Borrower or any Subsidiary, as long as a it except where: (i) Borrower is the surviving Person entity, (and with respect ii) such mergers, consolidations or other reorganizations permitted under the terms of the Senior Note Indenture, and (iii) as permitted pursuant to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person)Section 7.15. (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Inventory and Equipment to the extent expressly permitted by Section 4.3 and (ii) any other sales or dispositions expressly permitted by this AgreementAgreement or the Senior Note Indenture.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Goodman Networks Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of any Person or permit any other Person to consolidate with or merge with itit other than (i) any merger, provided that consolidation or other reorganization by a Borrower may merge into a Borrower, (ii) pursuant to a Permitted Acquisition, (iii) pursuant to a Permitted Joint Venture, or consolidate with another Borrower or any Subsidiary, as long as (iv) pursuant to a Borrower is the surviving Person (and with respect to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person)Permitted Disposition. (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Equipment to the extent expressly permitted by Section 4.3 for Permitted Dispositions and (ii) any other sales or dispositions expressly permitted by this Agreement.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Skullcandy, Inc.)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of any Person or permit any other Person to consolidate with or merge with it, ; provided that a (i) Borrower may merge enter into Permitted Acquisitions and (ii) so long as no Default or consolidate Event of Default has occurred or is continuing, Borrower may, upon prior written notice to Agent, enter into any such transactions with another Borrower or any Subsidiary, as long as a Borrower is the surviving Person (and with respect to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person)Borrower. (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Equipment to the extent expressly permitted by Section 4.3 and (ii) any other sales or dispositions expressly permitted by this Agreement.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, amalgamation, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of any Person or permit any other Person to consolidate with, amalgamate with or merge with it, ; provided that a Borrower may shall be permitted to merge or amalgamate with or into or consolidate with another Borrower or any Subsidiary, as so long as a Borrower before and after giving effect to such transaction no Default or Event of Default has occurred and is the surviving Person (and with respect continuing or would occur after giving pro forma effect to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person)such transaction. (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Inventory and Equipment to the extent expressly permitted by Section 4.3 and (ii) any other sales or dispositions expressly permitted by this Agreement.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (SMTC Corp)

Merger, Consolidation, Acquisition and Sale of Assets. (a) Enter into any merger, consolidation or other reorganization with or into any other Person or acquire all or a substantial portion of the assets or Equity Interests of any Person or permit any other Person to consolidate with or merge with it, ; provided that a (i) Borrowers may enter into Permitted Acquisitions and (ii) so long as no Default or Event of Default has occurred or is continuing, any Borrower may merge may, upon prior written notice to Agent, enter into or consolidate any such transactions with another Borrower or any Subsidiary, as long as a Borrower is the surviving Person (and with respect to any merger or consolidation involving Osteotech, as long as Osteotech is the surviving Person)Borrower. (b) Sell, lease, transfer or otherwise dispose of any of its properties or assets, except (i) dispositions of Collateral or Equipment to the extent expressly permitted by Section 4.3 and (ii) any other sales or dispositions expressly permitted by this Agreement.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Johnson Outdoors Inc)