Merger, Consolidation, Dissolution or Liquidation. Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s business; (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Thousand Dollars ($100,000) during any six month period; or (iv)
Appears in 2 contracts
Samples: Loan Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services Corp.)
Merger, Consolidation, Dissolution or Liquidation. Neither Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s business; , (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; , (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Thousand Dollars ($100,000) during any six month period; period or (iv)) a Permitted Disposition.
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Inc)
Merger, Consolidation, Dissolution or Liquidation. Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s 's business; (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Thousand Dollars ($100,000) during any six month period; or (iv)
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Inc)
Merger, Consolidation, Dissolution or Liquidation. a. Borrower shall not engage in any Asset Sale other than: (i) Inventory sold in the ordinary course of Borrower’s business; , (ii) equipment that is replaced by other equipment of comparable or superior quality and value within ninety (90) days of such Asset Sale; Sale or (iii) a sale of property in one transaction or a series of transactions with a fair market value of less than One Hundred Fifty Thousand Dollars ($100,00050,000) during any six month period; .
b. Borrower shall not merge or (iv)consolidate with any other Person or commence a dissolution or liquidation.
Appears in 1 contract
Samples: Loan and Security Agreement (Newtek Business Services Inc)