Common use of Sale or Transfer of Assets; Suspension of Business Operations Clause in Contracts

Sale or Transfer of Assets; Suspension of Business Operations. The Borrower will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any Subsidiary, (ii) all or a substantial part of its assets, or (iii) any Collateral or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than the sale of Inventory in the ordinary course of business and the sale of the Dallas Premises and will not liquidate, dissolve or suspend business operations. The Borrower will not transfer any part of its ownership interest in any Intellectual Property Rights and will not permit any agreement under which it has licensed Intellectual Property Rights to lapse, except that the Borrower may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower will pay over the proceeds to the Lender for application to the Obligations. The Borrower will not license any other Person to use any of the Borrower's Intellectual Property Rights, except that the Borrower may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Borrower will not sell, lease, assign, transfer or otherwise dispose of of, to any other Person, (i) the stock of any SubsidiaryGuarantor, (ii) all or a substantial part of its assets, or (iii) any Collateral or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than (A) the sale of Inventory in the ordinary course of the Borrower’s business and consistent with past practices, (B) the sale of damaged or obsolete Equipment or (C) the Dallas Premises transfer of Collateral to a domestic Subsidiary as long as, prior to such transfer, the Lender holds a perfected first-priority security interest in all of the personal property of such Subsidiary pursuant to agreements, documents and instruments acceptable to the Lender in its sole discretion. The Borrower will not liquidate, dissolve or suspend business operations. The Borrower will not transfer any part of its ownership interest in any Intellectual Property Rights and will not permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower will pay over the proceeds to the Lender for application to the ObligationsObligations other than with respect to transactions in the ordinary course of its business consistent with past practices. The Borrower will not license any other Person (other than a Subsidiary of the Borrower) to use any of the Borrower's ’s Intellectual Property Rights, except that the Borrower may grant licenses in the ordinary course of its business consistent with past practices in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Borrower will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any Subsidiary, (ii) all or a substantial part of its assets, or (iii) any Collateral or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than the sale of Inventory in the ordinary course of business and business, the sale or disposal of useless or obsolete Equipment (with all proceeds of such sale or disposal paid to the Dallas Premises Lender or first to such other Person who, at the time of such sale or disposal, has a first priority security interest in such Equipment) and will not liquidate, dissolve or suspend business operations. The Borrower will not transfer any part of its ownership interest in any Intellectual Property Rights and will not permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower will pay over the proceeds to the Lender for application to the ObligationsIndebtedness. The Borrower will not license any other Person to use any of the Borrower's ’s Intellectual Property Rights, except that the Borrower may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The No Borrower will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any Subsidiary, (ii) all or a substantial part of its assets, or (iii) any Collateral or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than (a) the sale of Inventory in the ordinary course of business and (b) the sale of the Dallas Premises and Equipment which is either obsolete or no longer used in such Borrower’s business or which is to be replaced. No Borrower will not liquidate, dissolve or suspend business operations. The No Borrower will not transfer any part of its ownership interest in any Intellectual Property Rights and will not nor permit any agreement under which it has licensed Intellectual Property Rights to lapse, except that the a Borrower may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the a Borrower transfers any Intellectual Property Rights for value, the such Borrower will pay over the proceeds to the Lender for application to the ObligationsIndebtedness. The No Borrower will not license any other Person to use any of the such Borrower's ’s Intellectual Property Rights, except that the each Borrower may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Borrower will not, and will not permit any Subsidiary to, sell, lease, assign, transfer or otherwise dispose of (ia) the stock of any Subsidiary, (ii) all or a substantial part of its assets, or (iiib) any Collateral (as to the Borrower) or any other assets or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than (i) the sale of Inventory in the ordinary course of business and or (ii) the sale disposal of obsolete or unneeded equipment the Dallas Premises aggregate value of which does not exceed $100,000 during any 12-month period. The Borrower will not, and will not permit any Subsidiary to, liquidate, dissolve or suspend business operations. The Borrower will not, and will not permit any Subsidiary to, transfer any part of its ownership interest in any Intellectual Property Rights and will not permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower or any Subsidiary may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower will pay over the proceeds to the Lender for application to the ObligationsIndebtedness. The Borrower will not, and will not permit any Subsidiary to, license any other Person to use any of the Borrower's ’s or such Subsidiary’s Intellectual Property Rights, except that the Borrower may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Neither the Borrower nor any of its Subsidiaries will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any SubsidiarySubsidiary of such Person, (ii) all or a substantial part of its assets, or (iii) any Collateral given by it or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than the sale of Inventory in the ordinary course of business and the sale of the Dallas Premises and will not liquidate, dissolve or suspend business operations. The Neither the Borrower nor any of its Subsidiaries will not transfer any part of its ownership interest in any Intellectual Property Rights and will not or permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower such Person may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower such Person will pay over the proceeds to the Lender for application to the Obligations. The Neither the Borrower nor any of its Subsidiaries will and will not permit any of its Subsidiaries to, license any other Person to use any of the Borrowersuch Person's Intellectual Property Rights, except that the Borrower and its Subsidiaries may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Borrower Borrowers will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any Subsidiary, (ii) all or a substantial part of its their assets, or (iii) any Collateral or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than the sale of Inventory in the ordinary course of business and the sale of the Dallas Premises and will not liquidate, dissolve or suspend business operations. Notwithstanding the prohibition contained herein, and without constituting a waiver of such an Event of Default, if any Borrower sells, leases, assigns, transfers, or otherwise disposes of any Collateral of any interest therein, other than the sale of Inventory in the ordinary course of business, the Borrowers will pay over the proceeds to the Lender for application to the Obligations. The Borrower Borrowers will not transfer any part of its their ownership interest in any Intellectual Property Rights and will not permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower Borrowers may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers Borrowers transfer any Intellectual Property Rights for value, the Borrower Borrowers will pay over the proceeds to the Lender for application to the Obligations. The Borrower Borrowers will not license any other Person to use any of the Borrower's Borrowers’ Intellectual Property Rights, except that the Borrower Borrowers may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.

Sale or Transfer of Assets; Suspension of Business Operations. The Except for transfers among the entities constituting Borrower, neither the Borrower nor any of its Subsidiaries will not sell, lease, assign, transfer or otherwise dispose of (i) the stock of any SubsidiarySubsidiary of such Person, (ii) all or a substantial part of its assets, or (iii) any Collateral given by it or any interest therein (whether in one transaction or in a series of transactions) to any other Person other than the sale of Inventory in the ordinary course of business and the sale of the Dallas Premises and will not liquidate, dissolve or suspend business operations; provided however, subject to the provisions of Section 6.2(d), the Borrower may replace obsolete or damaged machinery, equipment, fixtures or furniture in the ordinary course of business. The Neither the Borrower nor any of its Subsidiaries will not transfer any part of its ownership interest in any Intellectual Property Rights and will not or permit any agreement under which it has licensed Licensed Intellectual Property Rights to lapse, except that the Borrower such Person may transfer such rights or permit such agreements to lapse if it shall have reasonably determined that the applicable Intellectual Property Rights are no longer useful in its business. If the Borrower transfers any Intellectual Property Rights for value, the Borrower such Person will pay over the proceeds to the Lender for application to the Obligations. The Neither the Borrower nor any of its Subsidiaries will and will not permit any of its Subsidiaries to, license any other Person to use any of the Borrower's such Person’s Intellectual Property Rights, except that the Borrower and its Subsidiaries may grant licenses in the ordinary course of its business in connection with sales of Inventory or provision of services to its customers. The Borrower will not in any manner transfer any property without prior or present receipt of full and adequate consideration.