Common use of Capital Stock Sale Clause in Contracts

Capital Stock Sale. The transaction contemplated by the Emergystat Purchase Agreement is a purchase of no less than ninety percent (90%) of the issued and outstanding capital stock of Emergystat, Inc. and Emergystat of Sulligent, Inc., and the transaction contemplated by the Southland Purchase Agreement is the purchase of 100% of the issued and outstanding capital stock of Southland Health Services. Neither the Emergystat Purchase Agreement nor the Southland Purchase Agreement provides for the purchase of any assets of Borrower or any assets constituting Lender’s Collateral securing the Obligations. The Purchase Agreement does not provide for the purchase of any assets of Borrower or any assets constituting Lender’s Collateral securing the Obligations and does not in any way affect the perfection or priority of Lender’s security interests therein.