Sale, Purchase of Assets Sample Clauses

Sale, Purchase of Assets. Borrower shall not, directly or indirectly, (a) purchase, lease, or otherwise acquire any assets except in the ordinary course of business (which shall not be deemed to include the purchase or acquisition of ten percent (10%) or more of the capital stock or assets of operating businesses unless expressly consented to by Lender in writing prior to such purchase or acquisition) or as otherwise expressly permitted under this Agreement, or (b) sell, lease, transfer, or otherwise dispose of any assets except for (i) assets sold, leased, transferred or subject to other disposition for full and adequate consideration in the reasonable judgment of Borrower which Borrower has determined to be worn out or obsolete or not useful in the ordinary course of its business, and (ii) assets sold, leased, transferred or subject to other disposition in the ordinary course of business provided that Borrower receives full and adequate consideration in the reasonable judgment of Borrower in exchange for such assets sold, leased, transferred or otherwise subject to disposition.

Sale, Purchase of Assets. The Company will not, directly or indirectly, (a) purchase, lease, or otherwise acquire any assets, including without limitation shares of corporate stock or other equity interests in entities, except in the ordinary course of business or as otherwise permitted under this Agreement, or (b) sell, lease, transfer, or otherwise dispose of any plant or other assets in an amount that exceeds Five Thousand Dollars ($5,000.00) per transaction, except for (i) assets sold for full and adequate consideration in the reasonable judgment of the Company which the Company has determined to be worn out or obsolete or not useful in the ordinary course of its business, and (ii) assets sold in the ordinary course of business provided that the Company receives full and adequate consideration in its reasonable judgment in exchange for such assets sold.

Sale, Purchase of Assets. Company will not, directly or indirectly, (a) purchase, lease, or otherwise acquire any assets except in the ordinary course of business or as otherwise permitted in this Reimbursement Agreement or (b) sell, lease, transfer, or otherwise dispose of any plant or any manufacturing facility or other tangible assets, except for (i) tangible assets sold for full and adequate consideration which an executive officer of Company has determined to be worn out, obsolete, or no longer needed or useful in its business, (ii) tangible assets sold in the ordinary course of business provided that Company receives full and adequate consideration in exchange for such assets sold. Notwithstanding anything to the contrary stated above, in any instance when Company determines in good faith that any asset shall have become inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary or should otherwise be replaced, Company may remove such items, provided that Company, in connection therewith: (a) may remove, without substitution or payment, and without Bank's prior written consent, assets not in excess of $10,000.00 annually in the aggregate; or (b) may substitute and install other assets having equal or greater value (but not necessarily the same function) in the operation of Company's business.

Sale, Purchase of Assets. Borrower shall not, directly or indirectly, (a) purchase, lease, or otherwise acquire any assets except in the ordinary course of business (which shall not be deemed to include the purchase or acquisition of ten percent (10%) or more of the capital stock or assets of operating businesses unless expressly consented to by Lender in writing prior to such purchase or acquisition) except for Permitted Acquisitions, purchases of its shares pursuant to any share buy back program for an amount in the aggregate with all other Share purchases does not exceed $2,500,000 during the term of this Agreement, or as otherwise expressly permitted under this Agreement; or (b) sell, lease, transfer, or otherwise dispose of any assets except for (i) assets sold, leased, transferred or subject to other disposition for full and adequate consideration in the reasonable judgment of Borrower which Borrower has determined to be worn out or obsolete or not useful in the ordinary course of its business, and (ii) assets sold, leased, transferred or subject to other disposition in the ordinary course of business provided that Borrower receives full and adequate consideration in the reasonable judgment of Borrower in exchange for such assets sold, leased, transferred or otherwise subject to disposition.

Sale, Purchase of Assets. The Borrower will not, directly ------------------------ or indirectly, (a) purchase, lease, or otherwise acquire any assets, including without limitation shares of corporate stock or other equity interests in entities (other than Borrower and its Subsidiaries), except in connection with the Project or in the ordinary course of business or as otherwise permitted under this Agreement, or (b) sell, lease, transfer, or otherwise dispose of any building or real property or other assets except for (i) tangible assets sold for full and adequate consideration which the Borrower has determined to be worn out or obsolete or not useful in the ordinary course of its business or (ii) tangible assets sold in the ordinary course of business provided that the Borrower receives full and adequate consideration in exchange for such assets sold.

Sale, Purchase of Assets. Borrower will not, directly or indirectly, (a) purchase, lease, or otherwise acquire any assets except in the ordinary course of business (which shall not be deemed to include the purchase or acquisition of ten percent (10%) or more of the capital stock or assets of operating businesses unless expressly consented to by Bank in writing prior to such purchase or acquisition) or as otherwise expressly permitted under this Agreement, or (b) sell, lease, transfer, or otherwise dispose of any assets except for (i) assets sold, leased, transferred or subject to other disposition for full and adequate consideration in the reasonable judgment of Borrower which Borrower has determined to be worn out or obsolete or not useful in the ordinary course of its business, and (ii) assets sold, leased, transferred or subject to other disposition in the ordinary course of business provided that Borrower receives full and adequate consideration in the reasonable judgment of Borrower in exchange for such assets sold, leased, transferred or otherwise subject to disposition. Borrower may not sell, transfer or otherwise dispose of any Account Receivable or any Contract Right without the prior written consent of Bank. Notwithstanding the foregoing, upon written notice to Bank, Borrower may sell or transfer Pledged Accounts provided that proceeds of the same are used to reduce the debt secured by such Pledged Accounts.