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 its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Metalico Inc), Loan and Security Agreement (Metalico Inc)
Restrictions on Fundamental Changes. (a) Enter Other than Permitted Acquisitions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, provided, however that any Borrower may merge with and into another Borrower.
(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 its assets. Clauses (a), (bassets unless expressly permitted by Section 7.3(a) and (c) of this or Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower7.4.
Appears in 2 contracts
Sources: Loan and Security Agreement (Evergreen Holdings Inc), Loan and Security Agreement (Trust Created February 25 1986)
Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Acquisition, 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)., or
(c) Convey, sell, lease, license, assign, transfer, Suspend or otherwise dispose of, in one transaction or go out of a series of transactions, all or any substantial part portion of its assets. Clauses (a)business, (b) and (c) of this except in connection with the transactions permitted pursuant to Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower6.4.
Appears in 2 contracts
Sources: Credit Agreement (Alaska Air Group Inc), Credit Agreement (Alaska Air Group Inc)
Restrictions on Fundamental Changes. (a) Enter Other than as permitted by Section 7.21, 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 its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Restrictions on Fundamental Changes. (a) Enter Other than in order to consummate a Permitted Transaction, 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).; or
(c) Convey, sell, lease, license, assign, transfer, Suspend or otherwise dispose of, in one transaction or go out of a series of transactions, all or any substantial part portion of its assets. Clauses or their business, except as permitted pursuant to clauses (a), ) or (b) and (c) of this above or in connection with the transactions permitted pursuant to Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower6.4.
Appears in 1 contract
Sources: Credit Agreement (Utstarcom Inc)
Restrictions on Fundamental Changes. (a) Enter Other than Permitted Reorganization Transactions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Capital Stock.
(b) LiquidateOther than Permitted Reorganization Transactions, liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution).
(c) ConveyExcept as permitted under Section 7.4, convey, sell, lease, license, assign, transfer, or otherwise dispose of, in one transaction or a series of transactions, all or any substantial part of its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Restrictions on Fundamental Changes. (a) Enter into any mergermerger (other than in connection with a Permitted Investment where Borrower is the surviving entity), 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 its assets. Clauses (a), (b) and (c) assets other than pursuant to a Sale Order or a Plan of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another BorrowerReorganization.
Appears in 1 contract
Sources: Debt and Security Agreement
Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock; provided, however, Borrower may -------- ------- complete up to a reverse 4 for 1 stock split.
(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 substantially all of its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger property or the merger or consolidation of a Borrower with and into another Borrowerassets .
Appears in 1 contract
Sources: Loan and Security Agreement (System Software Associates Inc)
Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its StockStock or otherwise change Borrower’s type of organization, jurisdiction of organization or other legal or corporate structure, except with the prior written consent of Lender.
(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 its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Restrictions on Fundamental Changes. (a) Enter Other than Permitted Acquisitions, enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock, PROVIDED, HOWEVER that any Borrower may merge with and into another Borrower.
(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 its assets. Clauses (a), (bassets unless expressly permitted by SECTION 7.3(A) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another BorrowerSECTION 7.4.
Appears in 1 contract
Sources: Loan and Security Agreement (Evergreen International Aviation 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 its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Restrictions on Fundamental Changes. (a) Enter into any merger, consolidation, reorganization, or recapitalization, or reclassify its Stock; provided, that any of the Credit Parties may merge into another Credit Party or a Borrower.
(b) Liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution); provided, however, that any of the Credit Parties may be dissolved in accordance with applicable law.
(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 its assets. Clauses (a), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Restrictions on Fundamental Changes. (a) Enter Except as described in Section 6.23, 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 its assets. Clauses (aproperty or assets or permit UDCSFC, UDCC, UDRC II, UDRC III or UDRC IV to do any of the foregoing), (b) and (c) of this Section 7.3 shall not apply to the Merger or the merger or consolidation of a Borrower with and into another Borrower.
Appears in 1 contract
Sources: Senior Secured Loan Agreement (Drivetime Automotive Group Inc)