Example ContractsClausesagreement to mergeVariants
Agreement to Merge
Agreement to Merge contract clause examples

in connection with any acquisition permitted under [Section 7.02], any Subsidiary of the Borrower may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that the Person surviving such merger shall be a Wholly-Owned Subsidiary of the Borrower and shall comply with the requirements of [Section 6.12];

in connection with any Permitted Acquisition, any Subsidiary of the Borrower may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that # the Person surviving such merger shall be a wholly-owned Subsidiary of the Borrower and # in the case of any such merger to which any Loan Party (other than the Borrower) is a party, such Loan Party is the surviving Person;

the Company or any Subsidiary may merge with any other Person in order to effect a Permitted Acquisition; provided that # the continuing or surviving Person shall have complied with the requirements of [Section 6.13], if applicable, and # in the case of a merger of a Borrower with any other Person, such Borrower shall be the continuing or surviving Person; and

in connection with any Acquisition permitted under [Section 9.2], any Subsidiary of the Borrower may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that # the Person surviving such merger shall be a Subsidiary of the Borrower (with the Borrower owning, directly or indirectly, the same proportionate share of the Person surviving such merger or consolidation as the existing Subsidiary of the Borrower that is party to such merger or consolidation) and # in the case of any such merger to which any Credit Party (other than the Borrower) is a party, such Credit Party is the surviving Person;

any purchase, lease, or other acquisition of assets, or any merger or consolidation, in each case in connection with a Permitted Business Acquisition permitted under [Section 6.04(k)], provided that following any such merger or consolidation # involving the Borrower, the Borrower is the surviving Person and # involving any Loan Party other than the Borrower, the surviving or resulting entity shall be a Loan Party that is a Wholly Owned Subsidiary;

in connection with any Permitted Acquisition, any Subsidiary of the ​ may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that # the Person surviving such merger shall be a wholly-owned Subsidiary of the ​ and # in the case of any such merger to which any [[Loan Party:Organization]] (other than the ​) is a party, such [[Loan Party:Organization]] is the surviving Person;

in connection with any Acquisition permitted under Section 9.2, any Subsidiary of the Borrower may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that # the Person surviving such merger shall be a Subsidiary of the Borrower (with the Borrower owning, directly or indirectly, the same proportionate share of the Person surviving such merger or consolidation as the existing Subsidiary of the Borrower that is party to such merger or consolidation) and # in the case of any such merger to which any Credit Party (other than the Borrower) is a party, such Credit Party is the surviving Person;

(i) any Subsidiary may merge with the Borrower, provided that the Borrower shall be the continuing or surviving Person, # any Person (other than the Borrower) may merge or consolidate with any Subsidiary, provided that the continuing or surviving Person is a Subsidiary and, if any party to such merger or consolidation is a Guarantor, is a Guarantor and # any Subsidiary may merge into or consolidate with any Person in a transaction permitted by Section 6.04 in which the continuing or surviving Person is not a Subsidiary; and

Section #3Mergers, Etc. Borrower shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, become a party to a merger or consolidation, or purchase or otherwise acquire all or substantially all of the assets of any Person or any shares or other evidence of beneficial ownership of any Person, or wind-up, dissolve, or liquidate, except that # any Subsidiary may merge or consolidate with Borrower so long as Borrower is the surviving entity, # any Subsidiary may merge or consolidate with another Subsidiary so long as if a Subsidiary that is a Guarantor is involved in such merger or consolidation, such Guarantor is the surviving entity and # in connection with any Acquisition permitted under [Section 8.5(e)], any Borrower or any Subsidiary may merge into or consolidate with any other Person or permit any other Person to merge into or consolidate with it; provided that # in the case of any such merger or consolidation to which Borrower is a party, Borrower shall be the surviving Person, and # in the case of any such merger or consolidation to which any Subsidiary (but not Borrower) is a party, # the Person surviving such merger shall be a wholly-owned Subsidiary of Borrower and # if a Subsidiary that is a Guarantor is involved in such merger or consolidation, such Guarantor is the surviving entity.

any Subsidiary (other than TCC, to the extent TCC becomes a Borrower pursuant to [Section 2.17]), including any Subsidiary Borrower, may merge with one of the Borrowers, or with any one or more Subsidiaries; provided that if any transaction shall be between a Subsidiary and a Wholly-Owned Subsidiary, the surviving Person shall be a Wholly-Owned Subsidiary; provided, further, that if any such transaction shall be between a Subsidiary and a Subsidiary Borrower, the surviving Person shall be a Subsidiary Borrower, as applicable;

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