Common use of Sale or Transfer of Assets Clause in Contracts

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.

Appears in 2 contracts

Samples: Financing and Security Agreement (Alternative Living Services Inc), Financing and Security Agreement (Alternative Living Services Inc)

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Sale or Transfer of Assets. Directly or indirectly enter into any arrangement whereby any of the Borrower Borrowers shall sell, lease, transfer, assign or otherwise dispose of more than $50,000 of assets in connection with any of its assets Facility in any one year 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 Loan or the asset sold or disposed of is replaced by one of equal or greater value or (b) the transfer of an Eligible Project a Facility or the sale of an Eligible Projecta Facility, in either case, in which case the Borrowing Base will be reduced by the availability attributed to such Facility.

Appears in 1 contract

Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)

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Sale or Transfer of Assets. Directly or indirectly enter Enter into any arrangement whereby the such 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 Loan, or the asset sold or disposed of is replaced by one of equal or greater value value, or (b) the transfer of an Eligible Project or the sale of an Eligible ProjectProject or the transfer of an Assigned Note, in either case, in which case the Borrowing Base will be reduced by the availability attributed to such Facility.

Appears in 1 contract

Samples: Financing and Security Agreement (American Retirement Corp)

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