Common use of Limitation on Asset Swaps Clause in Contracts

Limitation on Asset Swaps. The Company shall not, and shall not permit any Restricted Subsidiary to, engage in any Asset Swap unless: (i) at the time of entering into such Asset Swap, and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and be continuing, (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board of Directors of the Company and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company shall will not, and shall will not permit any Restricted Subsidiary to, engage in any Asset Swap Swaps, unless: (i) at the time of entering into such Asset Swap, and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and be continuing, continuing or would occur as a consequence thereof; (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,0001,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board of Directors of the Company Company; and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,0005,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company Holdings shall not, and shall not permit any Restricted Subsidiary to, engage in any Asset Swap Swap, unless: (i) at the time of entering into such Asset Swap, and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and be continuing, (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,000, the terms of such Asset asset Swap have been approved by a majority of the members of the Board of Directors of the Company Holdings and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,000, the Company Holdings has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company Holdings or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company shall will not, and shall will not permit any Restricted Subsidiary to, engage in any Asset Swap Swaps, unless: (i) at the time of entering into such Asset Swap, Swap and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and or be continuingcontinuing or would occur as a consequence thereof, (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,0001,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board of Directors of the Company and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,0005,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company shall will not, and shall will not permit any Restricted Subsidiary to, engage in any Asset Swap Swaps, unless: (i) at the time of entering into such Asset Swap, Swap and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and or be continuingcontinuing or would occur as a consequence thereof, (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,0002,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board board of Directors directors of the Company and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,00010,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company shall not, and shall not permit any Restricted Subsidiary to, engage in any Asset Swap unless: : (i) at the time of entering into such Asset Swap, and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and be continuing, , (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board of Directors of the Company and Company; and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.

Limitation on Asset Swaps. The Company shall will not, and shall will not permit any Restricted Subsidiary to, engage in any Asset Swap Swaps, unless: (i) at the time of entering into such Asset Swap, and immediately after giving effect to such Asset Swap, no Default or Event of Default shall have occurred and be continuingcontinuing or would occur as a consequence thereof, (ii) in the event such Asset Swap involves an aggregate amount in excess of $10,000,0001,000,000, the terms of such Asset Swap have been approved by a majority of the members of the Board of Directors of the Company Company; and (iii) in the event such Asset Swap involves an aggregate amount in excess of $50,000,0005,000,000, the Company has received a written opinion from an independent investment banking firm of nationally recognized standing that such Asset Swap is fair to the Company or such Restricted Subsidiary, as the case may be, from a financial point of view.