Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 26 contracts
Samples: Loan, Security and Guarantee Agreement (GEE Group Inc.), Loan and Security Agreement (Vizio Holding Corp.), Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)
Dispositions of Equipment. No Borrower Obligor shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens (other than Permitted Liens).
Appears in 12 contracts
Samples: Subordination Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 9 contracts
Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan, Security and Guarantee Agreement (AutoWeb, Inc.), Loan Agreement (School Specialty Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and Dispositions, (b) replacement of Equipment that is worn, damaged or obsolete with other Equipment of like function and valuefunction, if the replacement Equipment is acquired substantially contemporaneously with (or committed to be acquired) within 365 days after such disposition and is free of Liens (other than Permitted Liens), and (c) any disposition that is permitted under Section 10.2.6 hereof.
Appears in 8 contracts
Samples: Loan and Security Agreement (Bespoke Capital Acquisition Corp), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Dispositions of Equipment. No Borrower Obligor shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment used or useful in the business of like function and valuesuch Obligor, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 8 contracts
Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Turtle Beach Corp), Term Loan, Guaranty and Security Agreement
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and or (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of LiensLiens other than Permitted Liens (other than a Purchase Money Lien with respect to Equipment related to a Capex Loan).
Appears in 5 contracts
Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc)
Dispositions of Equipment. No Borrower shall not sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 5 contracts
Samples: Term Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Merix Corp), Loan and Security Agreement (Sport Chalet Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) in connection with a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 4 contracts
Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentAgent and Required Lenders, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 4 contracts
Samples: Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)
Dispositions of Equipment. No Borrower shall not sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Loan and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (Millennium Ethanol, LLC)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 4 contracts
Samples: Loan and Security Agreement (AGY Holding Corp.), Loan and Security Agreement (AGY Holding Corp.), Loan and Security Agreement (P&f Industries Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent and Collateral Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Americas Carmart Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (Radiant Logistics, Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens (other than Permitted Liens).
Appears in 2 contracts
Samples: Loan and Security Agreement (Boise Cascade Holdings, L.L.C.), Loan and Security Agreement (Agilysys Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Orion Energy Systems, Inc.)
Dispositions of Equipment. No Borrower shall not sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Xplore Technologies Corp), Loan and Security Agreement (Wireless Telecom Group Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Dispositionsale or other disposition of assets permitted under Section 9.2.2; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) disposal, sale or replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment (if any is needed) is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) the dispositions referred to on Schedule 8.4.2, (b) a Permitted Asset Disposition; and or (bc) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.. β
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and valuefunction, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens (other than Permitted Liens); (c) sales of Equipment leased by Borrowers at the end of the applicable lease term; and (d) transfers of Equipment between Borrowers.
Appears in 1 contract
Samples: Loan and Security Agreement (Installed Building Products, Inc.)
Dispositions of Equipment. No Neither Borrower nor Affiliate Guarantor shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (First Aviation Services Inc)
Dispositions of Equipment. No NoExcept for Permitted Asset Dispositions, no Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens...
Appears in 1 contract
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.)
Dispositions of Equipment. No Borrower shall not sell, lease or otherwise dispose of any Equipmentequipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment equipment that is worn, damaged or obsolete with Equipment equipment of like function and value, if the replacement Equipment equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Samples: Letter of Credit Application, Reimbursement and Security Agreement (Millennium Ethanol, LLC)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment that is used or useful in the business of like function and valuethe Obligors, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (ArcLight Clean Transition Corp.)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and or (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of LiensLiens other than Permitted Liens(other than a Purchase Money Lien with respect to Equipment related to a Capex Loan).
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of or transfer any Equipmentof the Equipment or any part thereof, whether in a single transaction or a series of related transactions, without the prior written consent of AgentAgent (acting at the direction of the Required Lenders), other than (ai) a disposition of Equipment that qualifies as a Permitted Asset Disposition; Disposition and (bii) replacement disposition of Equipment that is substantially worn, damaged or obsolete with Equipment of like function and valueobsolete, if the provided that any replacement Equipment is acquired substantially contemporaneously with such disposition shall be free and is free clear of Liens other than Permitted Liens.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of LiensLiens other than Purchase Money Liens securing Permitted Purchase Money Debt.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.. 86 117877022_2
Appears in 1 contract
Samples: Loan and Security Agreement (Super Micro Computer, Inc.)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (HOOKER FURNISHINGS Corp)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of LiensLiens and (c) as may be otherwise permitted under the Loan Documents.
Appears in 1 contract
Samples: Loan and Security Agreement (Monaco Coach Corp /De/)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens; and (c) leases and sales of vehicles by Cure Leasing and AmeriQuest Remarketing in the ordinary course of business.
Appears in 1 contract
Dispositions of Equipment. No Borrower shall, and shall cause its Subsidiaries not to, sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of LiensLiens (other than purchase money Liens and Liens in favor of the Secured Parties).
Appears in 1 contract
Samples: Loan and Security Agreement (Steinway Musical Instruments Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Administrative Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens; and (c) dispositions of Equipment by a Borrower to another Borrower or any Guarantor.
Appears in 1 contract
Samples: Loan Agreement (Superior Essex Inc)
Dispositions of Equipment. No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of AgentLender, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens other than Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Servicesource International, Inc.)