Sale, Etc. OF ASSETS. Sell, lease or otherwise transfer, or permit any Material Subsidiary to sell, lease or otherwise transfer (in either case, whether in one transaction or in a series of transactions, and except, in either case, to the Borrower or an entity which after giving effect to such transfer will be or become a Material Subsidiary in which the Borrower's direct or indirect Equity Interests will be at least as great as its direct or indirect Equity Interests in the transferor immediately prior thereto, and except as permitted by Section 5.02(d)), assets constituting all or substantially all of the consolidated assets of the Borrower and its Material Subsidiaries, provided that, notwithstanding the foregoing, the Borrower or any Material Subsidiary may sell, lease or otherwise transfer any Permitted Assets constituting all or substantially all of the consolidated assets of the Borrower and its Material Subsidiaries, so long as (A) such Permitted Assets are sold, leased or otherwise transferred in exchange for other Permitted Assets and/or (B) the proceeds from such sale, lease or other transfer, or an amount equal to the proceeds thereof, are (x) reinvested within one year from the date of receipt thereof in Permitted Assets and/or the development of Permitted Assets and/or (y) used to repay Debt the proceeds of which were or are being used for investment in, and/or the development of, Permitted Assets; provided further that, no such sale, lease or other transfer shall be permitted by the foregoing proviso unless either (1) after giving effect to such sale, lease or other transfer, no Event of Default, and no event which with lapse of time or the giving of notice, or both, would constitute an Event of Default, shall have occurred and be continuing or (2) the Borrower or the relevant Material Subsidiary, as the case may be, was contractually obligated, prior to the occurrence of such Event of Default or event, to consummate such sale, lease or other transfer.
Sale, Etc of Assets. Sell, lease or otherwise transfer, or, in the case of the Company, permit any Principal Subsidiary to sell, lease or otherwise transfer, (in either case, whether in one transaction or in a series of transactions) assets constituting a material portion of the consolidated assets of the Company and its Principal Subsidiaries taken as a whole, provided that provisions of this subsection (d) shall not apply to:
Sale, Etc. Sell, lease, or otherwise dispose of any Collateral at one or more public or private sales at Secured Party’s place of business or any other place or places, including, without limitation, any broker’s board or securities exchange, whether or not such Collateral is present at the place of sale, for cash or credit or future delivery, on such terms and in such manner as Secured Party may determine.
Sale, Etc. If an Event of Default shall have occurred and be continuing which has resulted in the Mortgagee accelerating the maturity of the Obligations, the Mortgagee may, to the fullest extent permitted by and in accordance with applicable law:
Sale, Etc. If an Event of Default shall have occurred and be continuing, Mortgagee may, to the fullest extent permitted by and in accordance with applicable law:
Sale, Etc. Of Assets. Sell, lease or otherwise transfer, or permit any subsidiary to sell, lease or otherwise transfer, assets constituting all or substantially all of the consolidated assets of the Borrower and its subsidiaries.
Sale, Etc. Sell or otherwise dispose of any Collateral at one or more public or private sales at the Collateral Agent's place of business or any other place or places, including, without limitation, any brokers' board or securities exchange, for cash or credit or other property, for immediate or future delivery, and at such price and on such terms and in such manner as the Required Purchasers may determine; provided, however, that if the NGP Common Stock continues to be listed on the New York Stock Exchange or another major United States securities exchange or designated as a national market system security by the National Association of Securities Dealers, Inc., and provided that there is not continuing a suspension in trading of the NGP Common Stock for more than one business day, then Collateral Agent shall effect any foreclosure or sale of the Pledged Securities by exercising its rights under the Registration Rights Agreement (i) with respect to the Pledged Securities consisting of NGOP Common Units, to exchange same into shares of NGP Common Stock and (ii) with respect to the Pledged Securities consisting of NGP Common Stock (whether as originally so granted or as so exchanged), to sell the shares into the public markets; provided, further, that the requirement in the foregoing proviso shall only apply if (1) NGP shall have filed a Registration Statement on Form S-3 (the "Shelf Registration Statement") pursuant to the Registration Rights Agreement covering the total amount of Pledged Securities hereunder, (2) such Shelf Registration Statement has been declared effective on or prior to the date of the intended foreclosure sale for which 10 days' written notice was provided by the Collateral Agent to the Pledgor, (3) notwithstanding anything in the Registration Rights Agreement to the contrary, there shall be no events preventing the sale of such Pledged Securities pursuant to the Shelf Registration Statement, including, without limitation, (i) any request by the Securities and Exchange Commission (the "SEC") or any state securities authority for post-effective amendments and supplements to the Shelf Registration Statement that has become effective, (ii) the issuance by the SEC or any state securities authority of any stop order suspending the effectiveness of the Shelf Registration Statement or the initiation of any proceedings for that purpose, (iii) the representations and warranties of the Company contained in any underwriting agreement, securities sales agree...
Sale, Etc to a Federal Entity. In the case of any sale, assignment, or other transfer by FFB DOE (ATV) TESLA MOTORS, INC. of all or any part of any Note or any participation share thereof to an agency or instrumentality of the United States or a trust fund or other government account under the authority or control of the United States or any officer or officers thereof, FFB will deliver to the Borrower and the Department written notice of such sale, assignment, or other transfer promptly after such sale, assignment, or other transfer.
Sale, Etc. Sell, lease or otherwise dispose of any Collateral at one or more public or private sales at Secured Party's place of business or any other place or places, including, without limitation, any broker's board or securities exchange, whether or not such Collateral is present at the place of sale, for cash or credit or future delivery, on such terms and in such manner as Secured Party may determine;
Sale, Etc. Sell or otherwise dispose of any Collateral at --------- one or more public or private sales at the Secured Party's place of business or any other place or places, on such terms and in such manner as the Secured Party may reasonably determine;
