Common use of Cessation of Business Clause in Contracts

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 24 contracts

Samples: Credit Agreement (A.C. Moore Arts & Crafts, Inc.), Credit Agreement (Perfumania Holdings, Inc.), Credit Agreement (A.C. Moore Arts & Crafts, Inc.)

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Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its their business in the ordinary course, liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its their business; or

Appears in 16 contracts

Samples: Credit Agreement (Citi Trends Inc), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Kirkland's, Inc)

Cessation of Business. Except The Loan Parties, taken as otherwise expressly permitted hereundera whole, any Loan Party shall take any action to suspend the operation all or substantially all operations of its business in the ordinary course, their Business or liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or.

Appears in 12 contracts

Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Goinggoing-Outout-Ofof-Businessbusiness” sales of any material portion of its business; or

Appears in 5 contracts

Samples: Credit Agreement (Stein Mart Inc), Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 5 contracts

Samples: Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its the business of the Loan Parties, taken as a whole, in the ordinary course, course or liquidate all or a material portion of its the assets or Store locationsof the Loan Parties, or employ an agent or other third party to conduct taken as a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; orwhole;

Appears in 4 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Cessation of Business. Except as otherwise expressly permitted hereunderhereunder (including, without limitation, in connection with a Permitted Disposition), any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 3 contracts

Samples: Credit Agreement (Christopher & Banks Corp), Credit Agreement (Christopher & Banks Corp), Credit Agreement (Christopher & Banks Corp)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its their business in the ordinary course, liquidate all or a material portion substantially all of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion substantially all of its their business; or

Appears in 3 contracts

Samples: Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Credit Agreement (Sears Hometown & Outlet Stores, Inc.), Term Loan Credit Agreement (Sears Hometown & Outlet Stores, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party or any Restricted Subsidiary shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Goinggoing-Outout-Ofof-Businessbusiness” sales of any material portion of its business; or

Appears in 3 contracts

Samples: Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locationsassets, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 3 contracts

Samples: Credit Agreement (Bluefly Inc), Credit Agreement (Hampshire Group LTD), Credit Agreement (Tandy Brands Accessories Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its a material portion of their business in the ordinary course, liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its their business; or

Appears in 2 contracts

Samples: Credit Agreement (Nash Finch Co), Credit Agreement (Nash Finch Co)

Cessation of Business. Except The Loan Parties, taken as otherwise expressly permitted hereundera whole, any Loan Party shall take any action to suspend the operation all or substantially all operations of its business in the ordinary course, their Business or liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Barnes & Noble Inc)

Cessation of Business. Except as otherwise expressly permitted hereunderhereunder or pursuant to any Order, any Loan Party shall take any action to suspend the operation of its the business in of the ordinary courseLoan Parties, taken as a whole, or liquidate all or a material portion of its the assets or Store locationsof the Loan Parties, or employ an agent or other third party to conduct taken as a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its businesswhole; or

Appears in 2 contracts

Samples: And Senior Secured (Quiksilver Inc), Possession Credit Agreement (Quiksilver Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its the business of the Loan Parties, taken as a whole, in the ordinary course, including, without limitation, the liquidation of all or a material portion of the assets or Store locationslocations of the Loan Parties, taken as a whole or employ the employment of an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Security Agreement (Foot Locker, Inc.), Credit Agreement (Foot Locker, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to permanently suspend the operation of its business in the ordinary courseall or substantially all operations, liquidate all or a material portion substantially all of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion all or substantially all of its their business; or.

Appears in 2 contracts

Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion substantially all of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Credit Agreement (Childrens Place Retail Stores Inc), Credit Agreement (Childrens Place Retail Stores Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its the business of the Loan Parties, taken as a whole, in the ordinary course, liquidate including, without limitation, liquidation of all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Credit Agreement (Foot Locker Inc), Credit Agreement (Foot Locker Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party or any Subsidiary thereof shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locationsassets, or employ an agent or other third party to conduct a program of closings, closings or liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Participation and Servicing Agreement (Walker & Dunlop, Inc.), Credit Agreement (Walker & Dunlop, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party Party, other than an Immaterial Subsidiary, shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or.

Appears in 2 contracts

Samples: Credit Agreement (Tops Markets Ii Corp), Credit Agreement (Tops Holding Corp)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary coursecourse (other than for the taking of a physical inventory in the ordinary course or at the request of the Agents), liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 2 contracts

Samples: Credit Agreement (Syms Corp), Credit Agreement (Syms Corp)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locationsstore locations (if any), or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Kid Brands, Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties taken as a whole shall take any action to permanently suspend the operation all or substantially all operations of its business in the ordinary course, liquidate all or a substantially all of their material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any all or substantially all of their material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Abercrombie & Fitch Co /De/)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locationsassets, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Valuevision Media Inc)

Cessation of Business. Except The Loan Parties, taken as otherwise expressly permitted hereundera whole, any Loan Party shall take any action to suspend the operation all or substantially all operations of its business in the ordinary course, their Business or liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or "Going-Out-Of-Business" sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Inc)

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Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of all or a material portion of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement

Cessation of Business. Except as otherwise expressly permitted hereunderhereunder and subject to the Initial Order and under the Restructuring Plan, any Loan Party shall take any action to suspend the operation of its business, shall cease to conduct its business in the ordinary coursecourse or advise the Agent that it plans to cease the ordinary conduct of its business, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of Business its businessbusiness other than a Liquidation permitted hereunder; or

Appears in 1 contract

Samples: Super Priority Dip Credit Agreement

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its their business in the ordinary course, course or liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Sequential Brands Group, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its their business in the ordinary coursecourse (except as required by applicable Law), liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its their business; or;

Appears in 1 contract

Samples: Credit Agreement (Rh)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party Party, other than an Immaterial Subsidiary, shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Tops PT, LLC)

Cessation of Business. Except The Loan Parties, taken as otherwise expressly permitted hereundera whole, any Loan Party shall take any action to suspend the operation all or substantially all operations of its business in the ordinary course, their Business or liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business.; or

Appears in 1 contract

Samples: Term Loan Credit Agreement (Barnes & Noble Education, Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its the business of the Loan Parties, taken as a whole, in the ordinary course, liquidate including, without limitation, the liquidation of all or a material portion substantially all of its the assets or Store locations, or employ an agent or other third party to conduct a program locations of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its businessthe Loan Parties; or

Appears in 1 contract

Samples: Credit Agreement (O Reilly Automotive Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to permanently suspend the operation of its business in the ordinary courseall or substantially all operations, liquidate all or a material portion substantially all of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion all or substantially all of its their business; or

Appears in 1 contract

Samples: Credit Agreement (Dicks Sporting Goods Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Letter of Credit Agreement (Petsmart Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take adopt a plan of liquidation or the board of directors of any action Loan party shall resolve to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Big 5 Sporting Goods Corp)

Cessation of Business. Except as otherwise expressly permitted hereunderhereunder (including, without limitation, in connection with a Permitted Disposition), any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; oror -88-

Appears in 1 contract

Samples: Credit Agreement (Christopher & Banks Corp)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its the business of the Loan Parties, taken as a whole, in the ordinary course, course or liquidate all or a material portion of its the assets or Store locationsof the Loan Parties, or employ an agent or other third party to conduct taken as a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its businesswhole; or

Appears in 1 contract

Samples: Credit Agreement (Quiksilver Inc)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its their business in the ordinary course, liquidate all or a material portion of its their assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Of- Business” sales of any material portion of its their business; or

Appears in 1 contract

Samples: Credit Agreement (Torrid Inc.)

Cessation of Business. Except as otherwise expressly permitted hereunder, any Loan Party shall take any action to suspend the operation of its business in the ordinary course, liquidate all or a material portion of its assets or Store locations, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion of its business; or

Appears in 1 contract

Samples: Credit Agreement (Tuesday Morning Corp/De)

Cessation of Business. Except as otherwise expressly permitted hereunder, any the Loan Party Parties, taken as a whole, shall take any action to suspend the operation of its substantially all of their business in the ordinary course, course or liquidate all or a material portion substantially all of its assets or Store locationstheir assets, or employ an agent or other third party to conduct a program of closings, liquidations or “Going-Out-Of-Business” sales of any material portion substantially all of its their business; or

Appears in 1 contract

Samples: Abl Credit Agreement (Lands End Inc)

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