Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors and evidenced in a Board Resolution).
Appears in 9 contracts
Samples: Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp), Trust Indenture Indenture (Bally Total Fitness Holding Corp)
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its the Restricted Subsidiaries to, directly or indirectlyconsummate any Asset Sale, consummate an Asset Sale unless (i) such Asset Sale is for at least 75Fair Market Value, (ii) at least 80% of the consideration from therefrom received by the Company or such Asset Sale Restricted Subsidiary is received in the form of cash or Cash Equivalents, Equivalents and (iiiii) the Company or such Restricted Subsidiary receives consideration at shall apply the time Net Cash Proceeds of such Asset Sale at least equal to the Fair Market Value within 270 days of the shares or assets subject to such Asset Sale (receipt thereof, as determined by the Board of Directors and evidenced in a Board Resolution).follows:
Appears in 3 contracts
Samples: Doe Run Resources Corp, Indenture (Doe Run Resources Corp), Doe Run Peru Sr Ltda
Limitation on Sale of Assets. (a) The Company will shall not, and will shall not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration Net Cash Proceeds from such Asset Sale is are received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale sold (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 2 contracts
Samples: Loehmanns Holdings Inc, Loehmanns Holdings Inc
Limitation on Sale of Assets. (a) The Company will not, and will not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 2 contracts
Samples: Jo-Ann Stores Inc, Fca of Ohio Inc
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares Equity Interests or assets subject to such Asset Sale (sold as determined in good faith by the Board of Directors of the Company and evidenced in a Board Resolution)board resolution, except in connection with an Asset Transfer Transaction.
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Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its the Restricted Subsidiaries to, directly or indirectly, consummate an any Asset Sale unless (i) such Asset Sale is for at least 75Fair Market Value, (ii) at least 80% of the consideration from therefrom received by the Company or such Asset Sale Restricted Subsidiary is received in the form of cash or Cash Equivalents, Equivalents and (iiiii) the Company or such Restricted Subsidiary receives consideration at shall apply the time Net Cash Proceeds of such Asset Sale at least equal to the Fair Market Value within 270 days of the shares or assets subject to such Asset Sale (receipt thereof, as determined by the Board of Directors and evidenced in a Board Resolution).follows:
Appears in 1 contract
Samples: Industrial Fuels Minerals Co
Limitation on Sale of Assets. (a) The Company will not, and will not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i1) at least 75% of the consideration from such Asset Sale is received in cash cash, Cash Equivalents or Cash Equivalents, Replacement Assets and (ii2) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by Sale. For purposes of Section 4.07(a)(1) above, the Board of Directors and evidenced in a Board Resolution).following will be deemed to be cash:
Appears in 1 contract
Samples: Indenture (Tops Holding Ii Corp)
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration proceeds from such Asset Sale is are received in cash or Cash Equivalents, and (ii) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors and evidenced in a Board Resolution)sold.
Appears in 1 contract
Samples: United Stationers Supply Co
Limitation on Sale of Assets. (a) The Company will not, and will not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i1) at least 75% of the consideration from such Asset Sale other than Asset Swaps is received in cash or Cash Equivalents, Equivalents and (ii2) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).; provided that the amount of:
Appears in 1 contract
Limitation on Sale of Assets. (a) The Company will not, and will not cause or permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received (A) in cash or Temporary Cash Equivalents, Investments or (B) in the form of properties and capital assets to be used in business of the Company and its Restricted Subsidiaries and (ii) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 1 contract
Samples: Intercompany Loan Agreement (Lucite International Finance PLC)
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 7580% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 1 contract
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary the applicable Subsidiary, as the case may be, receives consideration at the time of such Asset Sale at least equal to the Fair Market Value fair market value of the shares assets sold or assets subject to such Asset Sale otherwise disposed of (as determined in good faith with respect to Asset Sales in excess of $250,000 by the Company's Board of Directors Directors); and evidenced (ii) the Company shall apply, or cause such Subsidiary to apply, the Net Cash Proceeds in a Board Resolutionaccordance with Section 3(b)(ii).
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Artistdirect Inc)
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration proceeds from such Asset Sale is are received in cash or Cash Equivalents, and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such sold (other than in the case of an involuntary Asset Sale (Sale, as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 1 contract
Samples: Viking Distillery Inc
Limitation on Sale of Assets. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an any Asset Sale unless (i) such Asset Sale is for at least 75fair market value, (ii) at least 85% of the consideration from therefrom received by the Company or such Asset Sale Restricted Subsidiary is received in the form of cash or Cash Equivalents, and (iiiii) the Company or such Subsidiary receives consideration at shall apply the time Net Cash Proceeds of such Asset Sale at least equal to the Fair Market Value within 180 days of the shares or assets subject to such Asset Sale (receipt thereof as determined by the Board of Directors and evidenced in a Board Resolution).follows:
Appears in 1 contract
Samples: Royal Oak Mines Inc
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 7580% of the consideration from such Asset Sale is received in cash or Cash Equivalents, Equivalents and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).. For the purposes of this covenant, "
Appears in 1 contract
Samples: Indenture (Tri R of Orlando Inc)
Limitation on Sale of Assets. (a) The Company will not, and will not permit any of its Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 75% of the consideration from such Asset Sale is received in cash or Cash Equivalents, Equivalents and (ii) the Company or such Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such Asset Sale (as determined by the Board of Directors of the Company and evidenced in a Board Resolution).. For the purposes of this covenant, "
Appears in 1 contract
Samples: Packard Bioscience Co
Limitation on Sale of Assets. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, consummate an Asset Sale unless (i) at least 7580% of the consideration from such Asset Sale is received in cash or Cash Equivalents, and (ii) the Company or such Restricted Subsidiary receives consideration at the time of such Asset Sale at least equal to the Fair Market Value of the shares or assets subject to such sold (other than in the case of an involuntary Asset Sale (Sale, as determined by the Board of Directors of the Company and evidenced in a Board Resolution).
Appears in 1 contract
Samples: Salem Communications Corp /De/