Limitation on Disposition of Assets. The Company is, subject to certain conditions, obligated to make an offer to purchase Securities at 100% of their principal amount plus accrued and unpaid interest to the date of repurchase with certain net cash proceeds of certain sales or other dispositions of assets in accordance with the Indenture.
Limitation on Disposition of Assets. Under certain circumstances, the Company is required to apply the net proceeds from Asset Sales to offer to repurchase Securities at a price equal to 100% of the aggregate principal amount thereof, plus accrued and unpaid interest to the date of repurchase.
Limitation on Disposition of Assets. The Company is, subject to certain conditions and certain exceptions, obligated to make an Offer to Purchase Securities at a purchase price equal to 100% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Purchase Date (subject to the right of Holders of record on the Interest Relevant Record Date to receive interest due on the relevant Interest Payment Date) with the proceeds of certain asset dispositions.
Limitation on Disposition of Assets. The Company is, subject to certain conditions and certain exceptions, obligated to make an Offer to Purchase Notes at a purchase price equal to 100% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the Purchase Date (subject to the right of Holders of record on the relevant Interest Record Date to receive interest due on the relevant Interest Payment Date) with the proceeds of certain asset dispositions.
Limitation on Disposition of Assets. Under certain circumstances Issuer is required to apply the net proceeds from Permitted Asset Sales to the repayment of Indebtedness of Issuer.
Limitation on Disposition of Assets. The Issuer is, subject to certain conditions, obligated to make an offer to purchase Notes at 100% of their principal amount plus accrued and unpaid interest to, but excluding, the date of repurchase with the Net Cash Proceeds of certain sales or other dispositions of assets in accordance with the Indenture.
Limitation on Disposition of Assets. On the 366th day after an Asset Sale, if the aggregate amount of Excess Proceeds exceeds €25.0 million, the Company will make an offer (an “Asset Sale Offer”) to all Holders of Notes and all holders of other Indebtedness that is pari passu with the Notes containing provisions similar to those set forth in the Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets to purchase the maximum principal amount of Notes and such other pari passu Indebtedness that may be purchased out of the Excess Proceeds. The offer price in any Asset Sale Offer will be equal to 100% of principal amount plus accrued and unpaid interest and Additional Amounts, if any, to the date of purchase, and will be payable in cash. If any Excess Proceeds remain after consummation of an Asset Sale Offer, the Company may use such Excess Proceeds for any purpose not otherwise prohibited by the Indenture. If the aggregate principal amount of Notes and such other pari passu Indebtedness tendered into such Asset Sale Offer exceeds the amount of Excess Proceeds, the Trustee shall select the Notes and such other pari passu Indebtedness to be purchased on a pro rata basis based on the principal amount of such Notes and such other pari passu Indebtedness tendered. Holders of Notes that are the subject of an offer to purchase will receive an Asset Sale Offer from the Company prior to any related purchase date and may elect to have such Notes purchased by completing the form entitled “Option of Holder to Elect Purchase” appearing below.
Limitation on Disposition of Assets. The Company is, subject to certain conditions, obligated to make an offer to purchase Notes at 100% of their principal amount plus accrued and unpaid interest to, but not including, the date of repurchase with the Net Cash Proceeds of certain sales or other dispositions of assets in accordance with the Indenture.
Limitation on Disposition of Assets. In certain circumstances specified in the Indenture, the Issuer will be required to make an offer (an “Asset Disposition Offer”) to holders of Notes to purchase a specified amount of such Notes at an offer price in cash in an amount equal to 100% of the principal amount of such Notes plus accrued and unpaid interest and Additional Amounts, if any, to the date of purchase, in accordance with the procedures set forth in the Indenture. Holders of Notes that are the subject of an offer to purchase will receive an Asset Disposition Offer from the Issuer prior to any related purchase date and may elect to have such Notes purchased by completing the form entitled “Option of Holder to Elect Purchase” appearing below.
Limitation on Disposition of Assets. Neither any Credit Party, nor any of its Subsidiaries, will sell, lease, sell and leaseback, transfer or otherwise dispose of any of its Property (“Asset Dispositions”) or grant any Person an option to acquire any such Property or business or any line of business, except for:
(a) bona fide, arms’-length sales of Inventory to customers in the ordinary course of business; provided, however, a sale in the ordinary course of business will not include a transfer in total or partial satisfaction of Indebtedness;
(b) sales or lawful transfers of Property by one Borrower in the ordinary course of business to any other Borrower so long as no Default or Event of Default then exists or would occur as a result therefrom after giving effect to such Asset Disposition;
(c) the purchase, termination and re-investment of Investments that are permitted to be owned or made as described in subsections (a), (i), (j), (k) and (l) of Section 8.6 (it being understood that repayments of loans or advances that constitute Investments permitted by clauses (b), (c), (d) and (g) of Section 8.6 shall not constitute Asset Dispositions);
(d) sales of delinquent Receivables (other than Eligible Receivables) in the ordinary course of business for the purposes of collection only (and not for the purpose of any bulk sale or securitization transaction);
(e) (i) the surrender of contractual rights in the ordinary course of business or (ii) the settlement, release or surrender of any contract, tort or other litigation claims in the ordinary course of business other than the pledge by the Credit Parties of any commercial tort claim to Agent under the Borrower Security Agreement or Guarantor Security Agreement, as applicable;
(f) dispositions of Equipment: (i) which has suffered a Casualty Loss or (ii) with a net book value of less than $1,000,000 in the aggregate per Fiscal Year (for all Credit Parties) for all such Equipment disposed of so long as, in each instance (i.e., under clauses (i) and (ii)), all proceeds thereof (“Disposition Proceeds”) are paid to Agent (exclusive of any Equipment which is the subject of a Permitted Lien on which Agent does not have a first priority security interest) to be applied (or allowed for re-investment by Borrowers) in accordance with Section 2.7(e);
(g) sales of Receivables constituting Permitted Factoring Receivables; and
(h) exchange of shares of Capital Securities of ISA for the real Property commonly known as 0000 Xxxxx Xxxx in connection with the 0000 Xx...
