Sale of Capital Assets. Other than in the ordinary course of business and consistent with past practice, Seller will not sell or otherwise dispose of any capital asset relating to the Business.
Sale of Capital Assets. Sell, lease or transfer or otherwise dispose of any Capital Asset to any Person, except that (i) any Credit Party may sell or otherwise dispose of any Capital Asset to any other Credit Party, (ii) any Subsidiary that is not a Credit Party may sell or otherwise dispose of any Capital Asset to the Company or any other Subsidiary and (iii) during any rolling twelve-month period, the Company or any Subsidiary may sell or otherwise dispose of Capital Assets which constituted up to 10% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2016, so long as (A) such Capital Assets sold contributed less than 25% of the Consolidated Net Income of the Company in each of the three fiscal years immediately preceding any such sale and (B) such Capital Assets, when considered together with all other Capital Assets sold or otherwise disposed of subsequent to December 31, 2016, do not constitute in excess of 30% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2016, provided that this covenant shall not apply to any Lien permitted hereunder;”
1.4 Clause (ii) of paragraph 7A is amended to delete the reference to “$30,000,000” and to replace such reference with “$40,000,000.”
1.5 Clause (iv) of paragraph 7A is amended to delete the reference to “paragraph 5H or paragraph 6” and to replace such reference with “paragraph 5H, paragraph 5J or paragraph 6.”
1.6 Clause (xii) of paragraph 7A is amended to delete the reference to “$25,000,000” and to replace such reference with “$40,000,000.”
1.7 A new paragraph 7E is added, as follows:
Sale of Capital Assets. Sell, lease or transfer or otherwise dispose of any Capital Asset to any Person, except that (i) any Credit Party may sell or otherwise dispose of any Capital Asset to any other Credit Party, (ii) any Subsidiary that is not a Credit Party may sell or otherwise dispose of any Capital Asset to the Company or any other Subsidiary and (iii) during any rolling twelve-month period, the Company or any Subsidiary may sell or otherwise dispose of Capital Assets which constituted up to 10% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2014, so long as (A) such Capital Assets sold contributed less than 25% of the Consolidated Net Income of the Company in each of the three fiscal years immediately preceding any such sale and (B) such Capital Assets, when considered together with all other Capital Assets sold or otherwise disposed of subsequent to December 31, 2014, do not constitute in excess of 30% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2014, provided that this covenant shall not apply to any Lien permitted hereunder;”
1.6 Paragraph 6C(6)(ii) is amended and restated, as follows:
Sale of Capital Assets. Except for the sale or other disposition of excess or obsolete equipment in the usual and ordinary course of business consistent with the past operation of the Company and its Subsidiaries, the Company and its Subsidiaries will not sell or otherwise dispose of any capital asset relating to the Company and its Subsidiaries.
Sale of Capital Assets. Except as may be otherwise contemplated by this Agreement, the Seller shall not sell or otherwise dispose of any capital assets of the MMIC Business with a book value or fair market value in excess of $5,000 without written consent of Buyer.
Sale of Capital Assets. The Borrower shall not, and shall not permit any Subsidiary to, sell, lease, transfer or otherwise dispose of any Capital Asset to any Person, except that (i) any Loan Party may sell or otherwise dispose of any Capital Asset to any other Loan Party, (ii) any Subsidiary that is not a Loan Party may sell or otherwise dispose of any Capital Asset to the Borrower or any other Subsidiary and (iii) during any rolling twelve-month period, the Borrower or any Subsidiary may sell or otherwise dispose of Capital Assets which constituted up to 10% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2014, so long as (A) such Capital Assets sold contributed less than 25% of the Consolidated Net Income of the Borrower in each of the three fiscal years immediately preceding any such sale and (B) such Capital Assets, when considered together with all other Capital Assets sold or otherwise disposed of subsequent to December 31, 2014, do not constitute in excess of 30% of the total value of the consolidated assets of Xxxxxx Navigation and its Subsidiaries as of December 31, 2014; provided, that this covenant shall not apply to any Lien permitted hereunder.
(q) Sections 7.09 and 7.10. New Sections 7.09 and 7.10 of the Credit Agreement are hereby added to read as follows:
Sale of Capital Assets. PAR will not sell or dispose of, or agree to sell or dispose of, any of the Purchased Assets, except in accordance with the ordinary course of business.
Sale of Capital Assets. Except as otherwise contemplated by this Agreement, without prior written consent of the Company, the Shareholders will not cause or permit Maynxxx xx sell or otherwise dispose of any of its capital assets outside the Ordinary Course of Business.
Sale of Capital Assets. The Seller shall not sell or otherwise dispose of any capital asset of the Division with a market value in excess of $2,500, or of capital assets of market value aggregating with respect to the Division taken as a whole in excess of $10,000, without the prior written consent of the Buyer, and in no event shall the Seller sell or otherwise dispose of any capital asset of the Division other than in the ordinary course of business for like businesses.
Sale of Capital Assets. Sell, lease or transfer or otherwise dispose of any Capital Asset to any Person, except that during any rolling twelve-month period, the Company or any Subsidiary may sell or otherwise dispose of Capital Assets which constituted up to 10% of the total value of the consolidated assets of Mxxxxx Navigation and its Subsidiaries as of December 31, 2011, so long as (A) such Capital Assets sold contributed less than 25% of the Consolidated Net Income of the Company (or, for periods prior to the consummation of the Spin-Off, Mxxxxx Navigation) in each of the three fiscal years immediately preceding any such sale and (B) such Capital Assets, when considered together with all other Capital Assets sold or otherwise disposed of subsequent to December 31, 2011, do not constitute in excess of 30% of the total value of the consolidated assets of Mxxxxx Navigation and its Subsidiaries as of December 31, 2011, provided that this covenant shall not apply to any transfer required by the Separation Agreement;
