Common use of Sale of Assets Clause in Contracts

Sale of Assets. Sell, transfer lease or otherwise dispose of any assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;

Appears in 8 contracts

Samples: Credit Agreement (Corning Natural Gas Holding Corp), Credit Agreement (Corning Natural Gas Holding Corp), Credit Agreement (Corning Natural Gas Holding Corp)

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Sale of Assets. Sell, lease, transfer lease or otherwise dispose of any all or substantially all of its assets (includingor properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory sold in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;as necessary to replace obsolete equipment.

Appears in 6 contracts

Samples: Loan Agreement (Karts International Inc), Loan Agreement (Karts International Inc), Note Purchase Agreement (Obsidian Enterprises Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise -------------- dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete, transfers and dispositions of (y) inventory no longer useful or worn out property), whether now owned or hereafter acquired, other than in the ordinary course of business as currently conducted and at fair market value (z) used, obsolete, worn out it being expressly agreed and understood that the sale or surplus equipment other disposition of Mortgage- Backed Securities and Mortgage Loans with or property without servicing released and of mortgage servicing rights is in the ordinary course of business;).

Appears in 4 contracts

Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)

Sale of Assets. Sell, assign, lease, transfer lease or otherwise dispose of any assets (includingof their now owned or hereafter acquired respective properties and assets, without limitation, whether or not pursuant to any an order of a federal agency or commission, except for (i) the sale/leaseback transaction, securitization transactionassignment, lease, transfer or with respect to any equity interest owned by it) other than salesdisposition of inventory, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property each in the ordinary course of business;, and (ii) the sale or other disposition of properties or assets no longer used or useful in the conduct of their respective businesses.

Appears in 3 contracts

Samples: Term Loan Agreement (Globecomm Systems Inc), Credit Agreement (Globecomm Systems Inc), Term Loan Agreement (Globecomm Systems Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of, any of any its now owned or hereafter acquired assets (including, without limitation, pursuant to any sale/leaseback transactionshares of stock, securitization transactionreceivables, or with respect to any equity interest owned by it) other than salesand leasehold interests), transfers and dispositions of except: (y1) inventory in the ordinary course disposed of business and (z) used, obsolete, worn out or surplus equipment or property leased in the ordinary course of business;; (2) the sale or other disposition of assets no longer used or useful in the conduct of its business; and (3) treasury stock.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Xeta Technologies Inc), Revolving Credit and Term Loan Agreement (Kinark Corp), Agented Revolving Credit and Term Loan Agreement (Orchids Paper Products CO /DE)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of, any of any assets its now owned or hereafter acquired assets, except (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y1) inventory in the ordinary course disposed of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;, and (2) the sale or other disposition of assets no longer used or useful in the conduct of its business.

Appears in 2 contracts

Samples: Credit Agreement (Orbit International Corp), Revolving Credit Agreement (Hi Tech Pharmacal Co Inc)

Sale of Assets. SellDispose, transfer convey, sell, transfer, lease, or sell and lease back, all or otherwise dispose any portion of any assets (includingits property, without limitationassets, pursuant or business to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by itother Person except: (a) other than sales, transfers and dispositions of obsolete or worn out property, whether now owned or hereafter acquired, in the ordinary course of business; (yb) dispositions of inventory in the ordinary course of business business; and (zc) used, obsolete, worn out or surplus dispositions of equipment or property in the ordinary course of business;.

Appears in 2 contracts

Samples: Credit Agreement (GRANDPARENTS.COM, Inc.), Credit Agreement (GRANDPARENTS.COM, Inc.)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as currently conducted and at fair market value (z) used, obsolete, worn out it being expressly agreed and understood that the sale or surplus equipment other disposition of Mortgage-Backed Securities and Mortgage Loans with or property without servicing released and of mortgage servicing rights is in the ordinary course of business;).

Appears in 2 contracts

Samples: Mortgage Loan Warehousing Agreement (Westmark Group Holdings Inc), Mortgage Loan Warehousing Agreement (Novastar Financial Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of the assets of the Company or its Subsidiaries (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as currently conducted and at fair market value (z) used, obsolete, worn out it being expressly agreed and understood that the sale or surplus equipment other disposition of Mortgage-Backed Securities and Mortgage Loans with or property without servicing released and of mortgage servicing rights is in the ordinary course of business;).

Appears in 2 contracts

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc), Mortgage Loan Warehousing Agreement (Emergent Group Inc)

Sale of Assets. SellNot sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets except: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions for inventory disposed of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; and (b) the sale or other disposition of assets no longer used or useful in the conduct of its business.

Appears in 2 contracts

Samples: Loan Agreement (Mdi Entertainment Inc), Loan Agreement (Mdi Entertainment Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as presently conducted and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;at fair market value.

Appears in 2 contracts

Samples: Term Loan Agreement (Amphitrite Digital Inc), Credit Agreement (Quality Products Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of the assets of the Company or its Subsidiaries (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as currently conducted and at fair market value (z) used, obsolete, worn out it being expressly agreed and understood that the sale or surplus equipment other disposition of Mortgage Loans with or property without servicing released and of mortgage servicing rights is in the ordinary course of business;).

Appears in 2 contracts

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc), Mortgage Loan Warehousing Agreement (Emergent Group Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (includingor Properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;.

Appears in 2 contracts

Samples: Loan Agreement (Internet America Inc), Loan Agreement (Micropac Industries Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets except: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions for inventory disposed of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; (b) the sale or other disposition of assets no longer used or useful in the conduct of its business; and (c) the sale or other disposition of assets provided the proceeds of sale are used either to pay down existing term loans owed by Borrower to Bank or to purchase substantially similar replacement assets.

Appears in 2 contracts

Samples: Line of Credit Agreement (Nuclear Research Corp), Term Loan Agreement (Nuclear Research Corp)

Sale of Assets. Sell, lease, transfer lease or otherwise dispose of any of its assets (includingor properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory sold in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;as necessary to replace obsolete equipment.

Appears in 1 contract

Samples: Guaranty (Red Oak Hereford Farms Inc)

Sale of Assets. Sell, transfer lease lease, abandon or otherwise dispose of of, directly or indirectly, the Property or any assets (includinginterest therein, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and except for dispositions of (y) inventory personal property disposed of in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course nature of business;furniture, furnishings, equipment and supplies which are worn or obsolete or otherwise not needed in the operation of the Property.

Appears in 1 contract

Samples: Commercial Mortgage Financing Agreement (Micrel Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn-out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as presently conducted and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;at fair market value.

Appears in 1 contract

Samples: Loan Agreement (Transaction Systems Architects Inc)

Sale of Assets. Sell, transfer lease or otherwise dispose of any of its assets (includingor properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (yi) inventory in the ordinary course of business and (zii) used, obsolete, worn out or surplus equipment or property in transfers among Borrower and the ordinary course of business;Obligated Parties.

Appears in 1 contract

Samples: Loan Agreement (Medicalcontrol Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (includingother than obsolete or worn out property), whether now owned or hereafter acquired, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions the prior written consent of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;Lender.

Appears in 1 contract

Samples: Loan Agreement (Apple REIT Seven, Inc.)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as presently conducted or in connection with financing and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;securitization activities and at fair market value.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Lending Corp)

Sale of Assets. Sell, transfer lease lease, transfer, or otherwise dispose of any assets assets, except (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by iti) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and for full and fair consideration or (zii) used, assets which Borrower or its subsidiary determines in good faith are obsolete, worn out or surplus equipment or property in the ordinary course of business;.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hudson Foods Inc)

Sale of Assets. Sell, Sell transfer lease or otherwise dispose of any of ---------------- its assets (includingor properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;.

Appears in 1 contract

Samples: Loan Agreement (Rampart Capital Corp)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets (including, without limitation, pursuant to any sale/leaseback transactionreceivables, securitization transactionand leasehold interests), or with respect to any equity interest owned by it) other than sales, transfers and dispositions of except: (y1) inventory in the ordinary course or other assets disposed of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; and (2) assets no longer used or useful in the conduct of its business.

Appears in 1 contract

Samples: Loan Agreement (Chevy Chase Preferred Capital Corp)

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Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its now owned or hereafter acquired assets except: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions for assets disposed of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; or (b) the sale or other disposition of assets no longer used or useful in the conduct of its business.

Appears in 1 contract

Samples: Revolving Credit Agreement (Comforce Corp)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as presently conducted and at fair market value (z) used, obsolete, worn out it being expressly agreed and understood that the sale or surplus equipment other disposition of mortgage loans with or property without servicing released and of mortgage servicing rights is in the ordinary course of business;).

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of, of any its now owned or hereafter acquired assets (including, without limitation, pursuant to any sale/leaseback transactionshares of stock, securitization transactionaccounts, or with respect to any equity interest owned by it) and leasehold interests), other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;.

Appears in 1 contract

Samples: Loan Agreement (Zoned Properties, Inc.)

Sale of Assets. Sell, transfer lease or otherwise dispose of any of its assets (includingor properties, without limitationwhether now owned or hereafter acquired, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, or obsolete or worn out or surplus equipment property or property no longer useful in the ordinary course conduct of Borrower’s business;.

Appears in 1 contract

Samples: Loan Agreement (Desert Capital Reit Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (includingor Properties, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (ya) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;, (b) dispositions, for fair value, of worn-out and obsolete equipment not necessary or useful to the conduct of business (the net proceeds of which shall be used to purchase replacement equipment), or (c) other sales or dispositions in an amount not to exceed $50,000.00, in the aggregate, in any fiscal year.

Appears in 1 contract

Samples: Loan Agreement (American Electric Technologies Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets (including, without limitation, pursuant to any sale/leaseback transactionreceivables, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;leasehold interests).

Appears in 1 contract

Samples: Loan Agreement (SCNV Acquisition Corp)

Sale of Assets. Sell, transfer assign, transfer, lease or otherwise dispose of (A) any assets portion or all of the Property (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions a sale of the Property in accordance with the Mortgage Loan Documents provided that the Net Sales Proceeds are distributed to the Company); or (yB) inventory in any other material assets of the Company (other than ordinary course replacements), in one transaction or a series of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;related transactions.

Appears in 1 contract

Samples: Operating Agreement (Bluerock Residential Growth REIT, Inc.)

Sale of Assets. Sell, exchange, lease, assign, transfer lease or otherwise dispose of any assets (including, without limitation, pursuant Property to any sale/leaseback transactionPerson, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of except: (ya) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property disposed in the ordinary course of business;, (b) the sale or other disposition of assets no longer used or useful in the conduct of its business and (c) sales of Customer Loans and Related Security made pursuant to the Asset Securitization Purchase and Contribution Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ag Services of America Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any assets of the Companies’ assets, except for (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions the sale of (y) inventory in the ordinary course of the Companies’ business consistent with the Companies’ past practices and (zb) disposition of used, obsoleteworn out, worn out obsolete or surplus equipment or property in of the ordinary course of business;Companies.

Appears in 1 contract

Samples: Term Loan Agreement (Syntax-Brillian Corp)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets except: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions for Inventory disposed of (y) inventory in the ordinary course of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; and (b) the sale or other disposition of assets no longer used or useful in the conduct of its business.

Appears in 1 contract

Samples: Loan Agreement (Qep Co Inc)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its assets (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than salesobsolete or worn out property), transfers and dispositions of (y) inventory whether now owned or hereafter acquired, other than in the ordinary course of business as presently conducted and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;at fair market value.

Appears in 1 contract

Samples: Credit Agreement (American Vanguard Corp)

Sale of Assets. Sell, lease, assign, transfer lease or otherwise dispose of any of its now owned or hereafter acquired assets except (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by it) other than sales, transfers and dispositions of (yi) inventory in the ordinary course disposed of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;, and (ii) assets no longer used or useful in the conduct of its business, unless if such assets are sold at fair market value to Persons other than any Affiliate of MOI.

Appears in 1 contract

Samples: Credit Agreement (Mikes Original Inc)

Sale of Assets. Sell, transfer lease lease, assign, transfer, or otherwise dispose of any of its now owned or hereafter acquired assets except: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, or with respect to any equity interest owned by ita) other than sales, transfers and dispositions of (y) for inventory leased in the ordinary course or transferred or otherwise disposed of business and (z) used, obsolete, worn out or surplus equipment or property in the ordinary course of business;; and (b) the sale or other disposition of assets no longer used or useful in the conduct of its business.

Appears in 1 contract

Samples: Loan Agreement (Microfluidics International Corp)

Sale of Assets. Sell, transfer lease transfer, lease, or otherwise dispose of any of its assets except for: (including, without limitation, pursuant to any sale/leaseback transaction, securitization transaction, 1) the sale or with respect to any equity interest owned by it) other than sales, transfers and dispositions disposition of (y) inventory in the ordinary course of business and business; (z2) used, obsolete, worn out the sale or surplus equipment or property other disposition in the ordinary course of business of equipment no longer necessary or useful in the proper operation of the Company’s business;; and (3) the sale or other disposition of property not to exceed $10,000,000.00, in the aggregate, during the term of this Agreement.

Appears in 1 contract

Samples: Master Loan Agreement (Connecticut Water Service Inc / Ct)

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