Going Out of Business Sale definition

Going Out of Business Sale means, following the occurrence and during the continuance of any ABL Default, any sale or liquidation of the ABL Priority Collateral consented to by the ABL Agent for purposes of permitting the Grantors to obtain funds to permanently repay the ABL Obligations in whole or in part.

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Going Out of Business Sale means any sale, whether described by such name or by any other name such as, but not limited to, “closing out sales”, “liquidation sales”, “lost our lease sale”, “forced to vacate sale”, held in such a manner as to indicate a belief that upon disposal of the stock of goods on hand, the business will cease and discontinue at the premises where the sale is conducted.

Going Out of Business Sale means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankruptcy sale, save us from bankruptcy sale, insolvency sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale.

Examples of Going Out of Business Sale in a sentence

Upon the Company’s request, Purchaser shall reasonably cooperate and assist GOB Licensees and the Consultants in connection with the implementation and execution of their advertising program with respect to the Going Out of Business Sale, provided that any out of pocket costs of Purchaser shall be borne by the Sellers.
Purchaser shall cause to be promptly made such modifications reasonably requested by the Company or its designee to the banners and “Store Finder” in connection the Going Out of Business Sale during the GOB Period, provided that Purchaser shall not be required to modify each of such banners and “Store Finder” more often than one (1) time per week.
The ABL Agent and each First Lien Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agents.
The ABL Facility Collateral Agent and the Senior Secured Notes Agent agree not to commence any Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agent.
Such sale may be identified as a "Going Out of Business Sale." This license shall not impair or affect Lender's security interest in Borrower's leases or Lender's right to foreclose on such leases.

More Definitions of Going Out of Business Sale

Going Out of Business Sale means and include any sale publicized or advertised as a Going Out of Business Sale or a sale of the majority of merchandise on hand after which the business will cease to exist or a sale after which sales of like merchandise at the same location will be discontinued.

Going Out of Business Sale means, following the occurrence and during the continuance of any Revolving Credit Default, any sale or liquidation of the Shared Collateral consented to by the Revolving Credit Facility Agent for purposes of permitting the Grantors to obtain funds to permanently repay the Revolving Credit Obligations in whole or in part.

Going Out of Business Sale. The terms “going-out-of-business sale” and “going-out-of-business sales,” as they appear in Sections 1.5(a), 4.10(b), 4.12(a), 4.12(e), 4.12(g) and 5.3(f) and Exhibit 1.2 of the Purchase Agreement, are hereby deleted and replaced by the terms “store closing sale” and “store closing sales,” respectively.

Going Out of Business Sale means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business.

Going Out of Business Sale means any sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand, the business will cease and be discontinued. Such sales include, but are not limited to sales denominated: adjuster’s; adjustment; alteration; assignees’; bankruptcy; benefit-of- creditors; benefit-of-administrator; benefit-of- trustees; building-coming-down; closing; creditors’ committee; creditors’; executor’s; final days; forced out; forced-out-of-business; going-out-of-business; insolvent’s; last days;

Going Out of Business Sale or “GOB Sale” shall have the meaning given in Schedule 3.9 (Store Closings; Going Out of Business Sales).

Going Out of Business Sale means, following the occurrence and during the continuance of any Bank Default, any sale or liquidation of the Bank Priority Collateral consented to by the Bank Agent for purposes of permitting the Grantors to obtain funds to permanently repay the Bank Obligations in whole or in part.