Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower and an unaffiliated entity.
Appears in 4 contracts
Samples: Credit and Loan Agreement (Kos Pharmaceuticals Inc), Credit and Loan Agreement (Kos Pharmaceuticals Inc), Credit and Loan Agreement (Kos Pharmaceuticals Inc)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiaries, or any shareholder, officer and director, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower and an unaffiliated entity.
Appears in 3 contracts
Samples: Revolving Loan and Security Agreement (Ziplink Inc), Loan Agreement (Ziplink Inc), Loan Agreement (Ziplink Inc)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets asset to any parent or any of its affiliates or subsidiariesSubsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such Subsidiary and an unaffiliated entity.
Appears in 3 contracts
Samples: Credit and Security Agreement (Memry Corp), Asset Purchase Agreement (Memry Corp), Credit and Security Agreement (Memry Corp)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiariesSubsidiaries, other than (i) sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such Subsidiary and an unaffiliated entity; (ii) reimbursements; and (iii) normal and customary corporate charges.
Appears in 3 contracts
Samples: Netplex Systems Inc, Netplex Systems Inc, Netplex Group Inc
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiariesaffiliates, other than sales those made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had transfer has been an arms-length transaction between the Borrower Company and an unaffiliated entity.
Appears in 1 contract
Samples: Marine Management Systems Inc
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates Affiliate or subsidiariesSubsidiary, other than and except for any sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower and an unaffiliated entity.. (k)
Appears in 1 contract
Samples: Commercial Revolving Loan and Security Agreement (Cognitronics Corp)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiariesSubsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such Subsidiary and an unaffiliated entity.
Appears in 1 contract
Samples: Loan and Security Agreement (Saztec International Inc)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates Affiliate or subsidiariesSubsidiary other than a Guarantor, and other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower and an unaffiliated entity.
Appears in 1 contract
Samples: Pharmaceutical Resources Inc
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such subsidiary or affiliate and an unaffiliated entity.
Appears in 1 contract
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates or subsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower Company or such subsidiary or affiliate and an unaffiliated entity.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Compudyne Corp)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any person or entity including to any parent or any of its affiliates Affiliates or subsidiariesSubsidiaries, other than (i) sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such Subsidiary or Affiliate and an unaffiliated entity; or (ii) shares of the Borrower's stock.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (American Science & Engineering Inc)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets to any parent or any of its affiliates Affiliates or subsidiariesSubsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower or such Subsidiary or Affiliate and an unaffiliated entity; or (ii) shares of the Borrower's stock.
Appears in 1 contract
Samples: Export Credit and Security Agreement (American Science & Engineering Inc)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets asset to any parent or any of its affiliates or subsidiariesSubsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-arms- length transaction between the Borrower Borrowers or such Subsidiary and an unaffiliated entity.
Appears in 1 contract
Prohibited Transfers. Transfer, in any manner, either directly or -------------------- indirectly, any cash, property, or other assets to any parent or any of its affiliates Affiliate or subsidiariesSubsidiary, except for any cash, property, or other than assets that may be transfered to Custom Products Corporation and except for any sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower and an unaffiliated entity.
Appears in 1 contract
Samples: Commercial Revolving Loan and Security Agreement (Bolt Technology Corp)
Prohibited Transfers. Transfer, in any manner, either directly or indirectly, any cash, property, or other assets asset to any parent or any of its affiliates or subsidiariesSubsidiaries, other than sales made in the ordinary course of business and for fair consideration on terms no less favorable than if such sale had been an arms-length transaction between the Borrower Borrowers or such Subsidiary and an unaffiliated entity.
Appears in 1 contract
Samples: Loan and Security Agreement (Industrial Technologies Inc)