Common use of Restrictions on Fundamental Changes Clause in Contracts

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 2 contracts

Sources: Loan and Security Agreement (Vitalworks Inc), Loan and Security Agreement (Vitalworks Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Capital Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Equifin Inc)

Restrictions on Fundamental Changes. (a) Enter Except in connection with Permitted Dispositions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital Stock. (b) Liquidate, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, or convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its property or assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Banyan Systems Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its capital Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its property or assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Employee Solutions Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, or convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.any

Appears in 1 contract

Sources: Loan and Security Agreement (Sirena Apparel Group Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., except to the extent permitted by the terms of Section 7.11. ------------- (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Credit Agreement (Energy Corp of America)

Restrictions on Fundamental Changes. Other than the consummation of Permitted Transactions or Permitted Non-Cash Acquisitions, (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Etoys Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, other than the transactions contemplated by the Merger Agreement. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (I2 Technologies Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets. (d) Make any material change in the timing of billing for any maintenance contract included in the Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (Epicor Software Corp)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidatecapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, or convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assetsproperty or assets except as otherwise provided in Section 7.13(a).

Appears in 1 contract

Sources: Loan and Security Agreement (International Remote Imaging Systems Inc /De/)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) ConveyExcept for the consummation of the ACFC Spin-Off, convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (HPSC Inc)

Restrictions on Fundamental Changes. (a) Enter Except for transactions among Borrowers, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidatecapital stock, or liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, or convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its property or assets.

Appears in 1 contract

Sources: Loan and Security Agreement (K Tel International Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets. (d) Form any new Subsidiary.

Appears in 1 contract

Sources: Loan and Security Agreement (Communications & Power Industries Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., except to the extent permitted by the terms of SECTION 7.11. ------------- (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Credit Agreement (Energy Corp of America)

Restrictions on Fundamental Changes. (a) Enter Other than a Permitted Merger, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., (b) LiquidateOther than as a result of a Permitted Merger, liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution)., (c) ConveyOther than as a result of a Permitted Merger, sell, lease, license, assign, transfer, suspend or otherwise dispose of, in one transaction go out of a substantial portion of its or a series of transactions, all or any substantial part of all its assetstheir business.

Appears in 1 contract

Sources: Credit Agreement (MSX International Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) ConveyExcept for the consummation of the Borrower Spin-Off, convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (HPSC Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stockcapital stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Stock Purchase Agreement (Autotradecenter Com Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, amalgamation, arrangement or recapitalization, or reclassify its capital Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its property or assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Telxon Corp)

Restrictions on Fundamental Changes. (a) Enter into Consummate any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Synavant Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock., (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution)., (c) Convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets, or (d) Suspend or go out of a substantial portion of their business.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Cray Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, amalgamation, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) ConveyExcept for Permitted Dispositions, convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Pioneer Companies Inc)

Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock. (b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution). (c) Convey, sell, assign, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of all its property or assets.

Appears in 1 contract

Sources: Loan and Security Agreement (Phonetel Technologies Inc)