TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer any assets, except in the normal course of its business, or enter into any merger or consolidation, or transfer control or ownership of the Borrower or form or acquire any subsidiary.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer any assets, except in the normal course of its business, or enter into any merger or consolidation; provided, however, any Subsidiary of Borrower may dissolve or merge or consolidate with or into Borrower or any other Subsidiary of Borrower.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer any assets, except in the normal course of its business, or change control or ownership of more than thirty-five percent (35%) of any Person composing Borrower. For purposes of this covenant, a change in control or ownership means (i) when any Person or two or more Persons acting in concert shall have acquired beneficial ownership, directly or indirectly, of the capital stock of Borrower or any Person composing Borrower (or other securities convertible into such capital stock) representing thirty-five percent (35%) or more of the combined voting power of all capital stock of Borrower or any such Person composing Borrower; or (ii) during any period of up to twenty-four (24) consecutive months, commencing after the date hereof, individuals who at the beginning of such twenty-four (24) month period were directors of Borrower or any such Person composing Borrower cease to constitute a majority of the board of directors thereof and such event is a result (directly or indirectly) of the acquisition of five percent (5%) or more of the combined voting power of the capital stock by a Person or Persons who did not own at least five percent (5%) or more of the combined voting power of the capital stock as of the date hereof. As used herein, "beneficial ownership" shall have the meaning provided in Rule 13d-3 of the Securities and Exchange Commission under the Securities and Exchange Act of 1934.
TRANSFER OF ASSETS OR CONTROL. Enter into any merger or consolidation unless permitted pursuant to the provisions of Section 5.F., or sell, lease, assign or otherwise dispose of or transfer any of its material assets or properties or any material interest therein, except, (I) in the normal course of business (including sales, leases, assignments and transfers of assets or properties to subsidiaries of Borrower in the normal course of its business); and (II) equipment which is worthless, obsolete or not necessary for the operation of its business, or which is replaced by equipment of equal suitability. Additionally, Borrower will not transfer more than ten percent (10%) of total assets as designated in the Annual Report on Form 10-K for the year ended February 28, 1997 to any subsidiary through the term of this agreement.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer the Collateral, or enter into any merger or consolidation, or transfer control or ownership of the Collateral.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign, or otherwise dispose of or transfer any assets in excess of $200,000.00 individually or in the aggregate during the term hereof, except in the normal course of its business, or enter into any merger or consolidation, or transfer control or ownership of any Company or form or acquire any Subsidiary.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer any assets, except in the normal course of its business, or enter into any merger or consolidation, or transfer control or ownership of SMA or form or acquire any subsidiary (other than a wholly owned subsidiary formed to operate a segment of SMA's business or to hold specific real or personal property), enter into any other form of business combination, or acquire all or substantially all of the assets or equity interests of any person or business.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, sell and leaseback, assign or otherwise dispose of or transfer any assets, except in the normal course of its business, or enter into any merger or consolidation, or transfer control or ownership of the Borrower, or form or acquire any Subsidiary, except for a wholly-owned Subsidiary which has executed a guaranty of the Revolver, in form satisfactory to the Bank. It is expressly provided, however, that Borrower may transfer all of its interest in the assets related to the bottling facility under construction at Hamptonville, North Carolina, to the Bottling Company, which will be formed to own such assets jointly with Manchester Tank & Equipment Company.
TRANSFER OF ASSETS OR CONTROL. Sell, lease, assign or otherwise dispose of or transfer any of its or its Subsidiaries' assets, except in the normal course of business, or enter into any merger or consolidation, or transfer control or ownership of the Borrower or any Subsidiary or form or acquire any new subsidiary; provided, however, that the Borrower may (i) transfer assets from time to time to its Subsidiary, Telecorp Systems, Inc., and (ii) transfer assets from time to time to its other Subsidiaries (excluding Telecorp Systems, Inc.), or sell assets, so long as such transfers and sales do not exceed, in the aggregate in any calendar year, an amount exceeding five percent (5%) of the Net Worth of the Borrower, as determined by the Borrower's most recently provided financial statements.
TRANSFER OF ASSETS OR CONTROL. Except as may be transacted by Borrower in the ordinary course of business, sell, convey, assign, lease, pledge or otherwise transfer any of Borrower's assets.
