Assets Sale definition
Examples of Assets Sale in a sentence
As such, each of the Assets Sale Transaction and the Assets Purchase Transaction constitutes a connected transaction for the Company under Chapter 14A of the Listing Rules.
In the event of an Acquisition that is not a True Assets Sale (as defined below) in which the sole consideration is cash, Holder may either (a) exercise its conversion or purchase right under this Warrant and such exercise will be deemed effective immediately prior to the consummation of such Acquisition or (b) permit the Warrant to expire upon the consummation of such Acquisition.
Completion for the sale of the said assets will take place upon the payment in respect of such assets by the BYD Group to the Group, subject to the condition that the representations and warranties set forth in the Assets Sale Agreement in relation to due and proper working conditions of the relevant assets remain to be true and accurate at that time.
Prior to entering into any Asset Disposition of assets which constitute Term Loan Priority Collateral, Borrowers shall provide not less than three (3) Business Days’ prior written notice thereof and the proceeds of such Assets Sale shall be deposited a deposit account subject to a Control Agreements whereby Administrative Agent has a first-priority security interest therein.
The Directors, including the independent non-executive Directors, believe that the Transactions have been entered into in the ordinary and usual course of the business of the Company on normal commercial terms and the terms of each of the Assets Sale Agreement and Assets Purchase Agreement are fair and reasonable and in the interests of the Company and the Shareholders as a whole.
In such event, the applicable definitions of Purchased Assets, Sale Companies, Securities Sellers, Manufacturing Facilities, Products and/or Real Property will be amended as set forth in such notice to remove the additional excluded assets, real property, Sale Companies or Manufacturing Facilities and the definition of Excluded Assets and/or Excluded Facilities, if applicable, may be amended as provided in such notice to include such additional excluded assets, real property or Manufacturing Facilities.
The Company negotiated with BYD on an arm’s length basis and agreed on the transaction, while the assets to be sold under the Assets Sale Agreement are useful to the BYD Group for its business.
Accordingly, none of the Assets Sale Transaction and the Assets Purchase Transaction constitutes connected transaction for BYD under Chapter 14A of the Listing Rules.
Where there is no Swap Counterparty, references to the Charged Agreement shall be ignored, where there is no Custodian references to the Custody Agreement shall be ignored and where there is no Buyer and Seller, references to the Charged Assets Sale Agreement shall be ignored.
In the event that any Credit Party consummates the Specified Hugoton Assets Sale on or after the Closing Date, the Borrower shall provide to the Administrative Agent written notice thereof substantially contemporaneously with the closing thereof.