Sale or Disposition. 4.4.1.1 No Participating TO shall sell or otherwise dispose of any lines or associated facilities forming part of the CAISO Controlled Grid without the CAISO's prior written consent, which consent shall not be unreasonably withheld.
4.4.1.2 As a condition to the sale or other disposition of any lines or associated facilities forming part of the CAISO Controlled Grid to an entity that is not a Participating TO, the Participating TO shall require the transferee to assume in writing all of the Participating TO's obligations under this Agreement (but without necessarily requiring it to become a Participating TO for the purposes of the CAISO Tariff or a TO Tariff).
4.4.1.3 Any subsequent sale or other disposition by a transferee referred to in Section 4.4.1.2 shall be subject to this Section 4.4.1.
4.4.1.4 A transferee referred to in Section 4.4.1.2 that does not become a Participating TO shall have the same rights and responsibilities regarding withdrawal that a Participating TO has under Sections 3.3.1 and 3.3.3.
Sale or Disposition. Sell or dispose of all or any Collateral or grant any Person an option to acquire any such Collateral, provided, however, that the foregoing shall not prohibit (a) sale of Inventory or accounts in the ordinary course of Borrower’s business and (b) disposals of obsolete, worn out or surplus equipment in an amount not to exceed $250,000 in the aggregate during the term of this Agreement.
Sale or Disposition. Upon any sale or disposition, Creditor shall have the right to deliver, assign, and transfer to the purchaser thereof the Collateral so sold or disposed. Each purchaser at any such sale or other disposition shall hold the Collateral free from any claim or right of whatever kinds, including any equity or right of redemption of the Debtor. The Debtor specifically waives all rights of redemption, stay or appraisal which it has or may hereafter have under any rule of law or statute now existing or hereafter adopted.
Sale or Disposition. Sell or dispose of all or any portion of its assets (as that term is defined in accordance with Generally Accepted Accounting Principles) or grant any Person an option to acquire any such assets: provided, however, that the foregoing shall not prohibit (a) sales of Inventory in the ordinary course of business; (b) the sale of Equipment that is of de minimus value and of no further use in the operations of Borrower’s business; (c) as required by Governmental Rules; and (d) as required by contractual obligations existing on the date hereof in an amount not to exceed $500,000.00, or as otherwise provided for in this Agreement; so long as there are no Events of Default hereunder and the proceeds of any such sales are applied to any overline or overadvance, then to unpaid interest, fees and expenses, then to the outstandings under the Revolving Loan. The foregoing to the contrary notwithstanding, in no event shall Borrower sell, assign or transfer its Receivables.
Sale or Disposition. Sell or dispose of all or any Properties or grant any Person an option to acquire any such Property, provided, however, that the foregoing shall not prohibit sales of Inventory in the ordinary course of Borrower's business, or the sale of obsolete, worn out Property or Property no longer used in the ordinary course of Borrower's business.
Sale or Disposition. Sell or dispose of all or any Collateral or other Property, or grant any Person an option to acquire any Collateral or other Property, except for (a) obsolete, worn out or surplus Property disposed of in the ordinary course of Borrower’s business as conducted on the Effective Date, or (b) Property in the reasonable opinion of Borrower that is no longer necessary in the ordinary course of Borrower’s business, or (c) Equipment replaced in the ordinary course of Borrower’s business as conducted on the Effective Date, or (d) Inventory sold in the ordinary course of Borrower’s business as conducted on the Effective Date.
Sale or Disposition. (a) The Secured Party may sell, lease, assign, transfer, convey or otherwise dispose of any or all of the Collateral, as the Secured Party in its discretion may determine, by public or private sale. Except for items of Inventory or Equipment which are perishable or threaten to decline speedily in value or are of a type customarily sold on a recognized market, the Secured Party shall give each applicable Debtor at least ten days prior written notice of the time and place of any public sale thereof or of the time after which any private sale or other intended disposition thereof is to be made. At any such sale, the Collateral may be sold in one lot as an entirety or in separate parcels, as the Secured Party may determine, and the price and other terms shall be such as the Secured Party deems to be commercially reasonable. At any sale hereunder, to the extent permitted by law, the Secured Party or any Bank may become the purchaser. Any purchaser of any or all of the Collateral shall hold the same free from any claim or right of whatsoever kind, including, without limitation, any right or equity of redemption (statutory or otherwise), of any Debtor, any such right or equity being hereby expressly waived.
(b) The Secured Party and the Banks shall incur no liability as a result of the sale of the Collateral, or any part thereof, at any private sale pursuant to this Section conducted in a commercially reasonable manner. Each Debtor hereby waives any claims against the Secured Party and the Banks arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price that might have been obtained at a public sale or less than the aggregate amount of the Secured Obligations, even if the Secured Party accepts the first offer received and does not offer the Collateral to more than one offeree, PROVIDED that such private sale is conducted in a commercially reasonable manner.
Sale or Disposition. Upon any sale or disposition, Holder shall have the right to deliver, assign, and transfer to the purchaser thereof the Securities so sold or disposed of. Each purchaser at any such sale or other disposition shall hold the Securities free from any claim or right of whatever kind, including any equity or right of redemption of the Borrower. The Borrower specifically waives all rights of redemption, stay or appraisal which it has or may hereafter have under any rule of law or statute now existing or hereafter adopted.
Sale or Disposition. Sell or dispose of all or any Properties or grant any Person an option to acquire any such Property, provided, however, that the foregoing shall not prohibit (i) sales of Inventory in the ordinary course of Borrower's business, or (ii) provided that an Event of Default has not occurred and the proceeds thereof are remitted directly to the depository account referenced in Section 2.7(a) hereof to be applied in accordance with Section 2.7(b) hereof, sales or dispositions of obsolete or unnecessary equipment in an aggregate amount not to exceed $25,000 per Fiscal Year.
Sale or Disposition. Borrower will not sell, contract for sale or otherwise dispose of any of the Collateral or any interest therein, other than in the ordinary course of business.
