Sale or Transfer of Assets. Sell, lease, assign, transfer or otherwise dispose of any Property (other than in the ordinary course of business) except for the sale or disposition of (i) Property which is not material to or necessary for the continued operation of its business and (ii) obsolete or unusable items of equipment which promptly are replaced with new items of equipment of like function and comparable value to the unusable items of equipment when the same were new or not obsolete.
Sale or Transfer of Assets. Without the prior approval of 100% of the Issuer's Board of Directors, not sell, lease, assign, transfer or otherwise dispose of any Property (other than in the ordinary course of business) except for (i) the sale or disposition of (A) Property which is not material to or necessary for the continued operation of its business and (B) obsolete or unusable items of equipment which promptly are replaced with new items of equipment of like function and comparable value to the unusable items of equipment when the same were new or not obsolete or unusable, provided such replacement items of equipment shall become subject to the Security Interests, (ii) Permitted Asset Sales and (iii) sales of Property upon which the Agent (as defined in the Loan Agreement) has released its Permitted Senior Indebtedness Liens.
Sale or Transfer of Assets. Except in the ordinary course of business, or except as consented to in writing by DFS, Borrower and the Subsidiaries will not sell, transfer, lease (including sale-leaseback) or otherwise dispose of all or any substantial part of the Collateral. This provision will not apply to any sale if the proceeds of such sale pay the Obligations in full.
Sale or Transfer of Assets. The Borrower shall not sell, transfer or dispose of any of the assets of the Borrower without the prior written consent of the Lender.
Sale or Transfer of Assets. Sell, lease, assign, transfer or otherwise dispose of, or permit any of their respective Subsidiaries to sell, lease, assign, transfer or otherwise dispose of, any of their assets (including the stock of Subsidiaries) except:
(a) sales of personal property assets in the ordinary course of business of the Borrower and its Subsidiaries;
(b) the disposition of obsolete or worn-out equipment or other property no longer required by or useful to the Borrower or any of its Subsidiaries in connection with the operation of their businesses;
(c) the sale or transfer to the Borrower or any Guarantor of any asset owned by the Borrower or any of its Subsidiaries; and
(d) sale(s) of assets not otherwise permitted by this Section 9.3 in an aggregate amount not to exceed, in any Fiscal Year, an amount equal to five percent (5%) of the consolidated assets of the Borrower and its Subsidiaries, determined in conformity with GAAP, as of the end of the most recently completed Fiscal Year of the Borrower.
Sale or Transfer of Assets. Sell, lease, assign, transfer or otherwise dispose of any Property except for (i) the sale or disposition of (A) inventory in the ordinary course of business, (B) Property which is not material to or necessary for the continued operation of its business and (C) obsolete or unusable items of equipment which promptly are replaced with new items of equipment of like function and comparable value to the unusable items of equipment when the same were new or not obsolete or unusable, provided such replacement items of equipment shall become subject to the Security Interests, (ii) Trade Out Transactions consummated in connection with promotional or other activities, all of which shall be conducted by Borrower in the ordinary course of business consistent with past practices, and (iii) asset sales with respect to which Borrower has obtained Lenders' prior written consent, which consent may be given or withheld in the sole and absolute discretion of Lenders.
Sale or Transfer of Assets. Directly or indirectly enter into any arrangement whereby the Borrower shall sell, lease, transfer, assign or otherwise dispose of any of its assets other than (a) sales or other disposition of assets in the ordinary course of business for value, provided the proceeds thereof are used to pay down one or more of the Loans or the asset sold or disposed of is replaced by one of equal or greater value or (b) the transfer of an Eligible Project or the sale of an Eligible Project, in either case, in which case the Borrowing Base will be reduced by the availability attributed to such Facility.
Sale or Transfer of Assets. Shall not sell, lease, assign, exchange, transfer or otherwise dispose of any Property except (i) dispositions of Property (other than Equipment), which is not necessary to the continued operation of the business of Borrower, (ii) disposition of the real estate now owned or hereafter acquired by Borrower, provided no Incipient Default or Event of Default is in existence or will occur as a result of the consummation of any such sale, (iii) the leasing of real property, (iv) dispositions of Property in the ordinary course of Borrower's business, or (v) disposition of any obsolete or unusable Property, provided that if such Property is necessary to the continued operation of the business of Borrower, such Property promptly is replaced with Property of like function and value to such Property when the same was not obsolete or unusable, as applicable.
Sale or Transfer of Assets. Except as consented to in writing by the Lender, the Borrower shall not sell, transfer, lease (including sale-leaseback) or otherwise dispose of all or any material portion of its assets or merge with any person (whether or not the Borrower shall be the survivor of such merger); provided that the Borrower may sell or otherwise dispose of Property having an aggregate book value of not more than $500,000 in any fiscal year or an aggregate fair market value of not more than $250,000 in any fiscal year. This provision shall not apply to any sale if the proceeds of such sale pay the Obligations in full.
Sale or Transfer of Assets. Except in the ordinary course of business, Borrower and the Subsidiaries will not sell, transfer, lease (including sale-leaseback) or otherwise dispose of all or any substantial part of their assets. This provision will not apply to any sale if the proceeds of such sale pay the Obligations in full.
