Dispositions; Mergers. Sell, assign, lease or otherwise transfer or dispose of any of the Assets; or merge or consolidate with or into any other entity or enter into any Contracts relating thereto; PROVIDED, HOWEVER, that Sellers may sell, assign, lease or otherwise transfer or dispose of any Asset in the Ordinary Course of Business provided that either (i) it is replaced or (ii) the sale proceeds in respect of such Asset are held for the benefit of the Buyer.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Radio Unica Corp), Asset Purchase Agreement (Radio Unica Corp)
Dispositions; Mergers. Sell, assign, lease or otherwise transfer or dispose of any of the AssetsAssets or any of the technology subject to the Technology License Agreement; or merge or consolidate with or into any other entity or enter into any Contracts agreements relating thereto; PROVIDEDprovided, HOWEVERhowever, that Sellers Seller may sell, assign, lease or otherwise transfer or dispose of any Asset if such Asset is expended in the Ordinary Course ordinary course of Business provided that either (i) it business, consistent with Seller's past business practices and with customary practices in the software industry, and property or equipment of like kind and equivalent value is replaced or (ii) the sale proceeds in respect of such Asset are held for the benefit of the Buyersubstituted therefor.
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement (Netobjects Inc), Asset Sale and Purchase Agreement (Merant PLC)
Dispositions; Mergers. Sell, assign, lease or otherwise transfer or dispose of any of the Assets, the Option or the Whitxxxxx Xxxchase Agreement; or merge or consolidate with or into any other entity or enter into any Contracts relating thereto; PROVIDED, HOWEVER, that Sellers Seller may sell, assign, lease or otherwise transfer or dispose of any tangible Asset if such tangible Asset is expended in the Ordinary Course of Business provided that either (i) it is replaced or (ii) the sale proceeds in respect of such Asset are held for the benefit of the BuyerBusiness.
Appears in 1 contract
Samples: Asset Purchase Agreement (Paxson Communications Corp)