No Dispositions. The Company shall not, nor shall it permit any of its Subsidiaries to, sell, lease, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its assets (including capital stock of Subsidiaries), except as disclosed in the Company Disclosure Letter and for dispositions in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the past.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Oriole Homes Corp), Agreement and Plan of Merger (Loeb Partners Corp), Agreement and Plan of Merger (Levy Richard D)
No Dispositions. The Company shall not, nor shall it the Company permit any of its Subsidiaries to, to sell, lease, encumber or otherwise dispose of, of or agree to sell, lease, encumber or otherwise dispose of of, any of its assets (including capital stock of Subsidiaries)assets, except as disclosed in which are material to the Company Disclosure Letter and for dispositions in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude its Subsidiaries taken as dispositions in the pasta whole.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ilm Ii Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Agreement and Plan of Merger (Capital Senior Living Corp)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, lease, mortgage or otherwise encumber, or sell, lease, encumber transfer or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its properties or assets (including capital stock of SubsidiariesSubsidiaries of the Company), except as disclosed in the Company Disclosure Letter and for any such dispositions in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Nashua Corp), Agreement and Plan of Merger (Nashua Corp), Agreement of Merger (Cenveo, Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber lease or otherwise dispose of, or agree to sell, lease, encumber lease or otherwise dispose of of, any of its assets (including capital stock of Subsidiaries), except as disclosed in Subsidiaries of the Company Disclosure Letter and for dispositions Company) other than in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Lightspan Inc), Agreement and Plan of Merger (Plato Learning Inc), Agreement and Plan of Merger (Decode Genetics Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of of, any of its assets (including capital stock of SubsidiariesSubsidiaries of the Company), except as disclosed in the Company Disclosure Letter and for other than dispositions (i) in the ordinary course of business and consistent with past practice and of substantially the same characterpractice, type and magnitude as dispositions (ii) referred to in the pastCompany SEC Documents filed prior to the date of this Agreement or (iii) contemplated by the Company Capital Budget.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cal Dive International, Inc.), Agreement and Plan of Merger (Horizon Offshore Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, lease, mortgage or otherwise encumber, or sell, lease, encumber transfer or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its properties or assets (including capital stock of SubsidiariesSubsidiaries of Company), except as disclosed in the Company Disclosure Letter and for dispositions sales of inventory items in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (MEDecision, Inc.), Agreement and Plan of Merger (Turbosonic Technologies Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber lease or otherwise dispose of, or agree to sell, lease, encumber lease or otherwise dispose of of, any of its assets (including capital stock of Subsidiaries), except as disclosed in the Company Disclosure Letter and for dispositions Subsidiaries of Company) other than in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractices.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Bruker Axs Inc), Agreement and Plan of Merger (Bruker Daltonics Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber license or otherwise dispose of, or agree to sell, lease, encumber lease or otherwise dispose of of, any of its material assets (including capital stock of Subsidiaries), except as disclosed in the Company Disclosure Letter and for dispositions or its Subsidiaries excluding the disposition of assets in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastbusiness.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Solexa, Inc.), Agreement and Plan of Merger (Illumina Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber lease or otherwise dispose of, or agree to sell, lease, encumber lease or otherwise dispose of of, any substantial part of its assets (including capital stock of Subsidiaries), except as disclosed in Subsidiaries of the Company Disclosure Letter and for dispositions Company) other than in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Symmetricom Inc), Agreement and Plan of Merger (Datum Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, license, mortgage, pledge, encumber or otherwise dispose of, or agree to sell, lease, license, mortgage, pledge, encumber or otherwise dispose of of, any of its assets (including capital stock of SubsidiariesSubsidiaries of the Company), except as disclosed in the Company Disclosure Letter and for other than dispositions in the ordinary course of business and consistent assets with past practice and an aggregate fair market value of substantially the same character, type and magnitude as dispositions in the pastless than $2.5 million.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pixar \Ca\), Agreement and Plan of Merger (Walt Disney Co/)
No Dispositions. The Company shall not, nor shall it permit any of its Subsidiaries subsidiaries to, sell, lease, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its assets (including capital stock of Subsidiariessubsidiaries), except as disclosed in the Company Disclosure Letter and for dispositions in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the past.
Appears in 2 contracts
Samples: Exhibit 2 Agreement and Plan of Merger (Taco Cabana Inc), Agreement and Plan of Merger (Carrols Corp)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, lease, mortgage or otherwise encumber, or sell, lease, encumber transfer or otherwise dispose of, any of its properties or agree to sell, lease, encumber or otherwise dispose assets (including Equity Interests of any of its assets (including capital stock the Subsidiaries of Subsidiariesthe Company), except as disclosed for (x) property or assets which are obsolete or no longer used in the operation of the business of the Company Disclosure Letter and for dispositions or its Subsidiaries or (y) sales of inventory in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastOrdinary Course.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ani Pharmaceuticals Inc), Agreement and Plan of Merger (Ani Pharmaceuticals Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, lease, mortgage or otherwise encumber, or sell, lease, encumber transfer or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its properties or assets (including capital stock of SubsidiariesSubsidiaries of Company), except as disclosed for any such dispositions (including trade receivables in the Company Disclosure Letter and for dispositions financing transactions) in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Johnson Controls Inc), Agreement and Plan of Merger (York International Corp /De/)
No Dispositions. The Company shall not, nor shall it permit any --------------- of its Subsidiaries to, sell, lease, mortgage, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its material assets (including including, without limitation, capital stock of Subsidiariesor other ownership interest in any Subsidiary), except as disclosed in the Company Disclosure Letter and for dispositions other than sales or leases in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastpractice.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Banctec Inc), Agreement and Plan of Merger (Banctec Inc)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its assets (including capital stock by way of Subsidiariesa spin-off or similar transaction), except as disclosed in the Company Disclosure Letter and for dispositions in the ordinary course any material amount of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastassets.
Appears in 1 contract
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, sell, lease, transfer, convey, encumber or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its assets (including capital stock by way of Subsidiariesa spin-off or similar transaction), except as disclosed in the Company Disclosure Letter and for dispositions any material amount of assets, other than (i) in the ordinary course of business and consistent with past practice and of substantially the same character, type and magnitude as dispositions in the pastor (ii) pursuant to existing Contracts or commitments.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Phoenix Technologies LTD)
No Dispositions. The Company shall not, nor and shall it not permit any of its Subsidiaries to, lease, mortgage or otherwise encumber, or sell, lease, encumber transfer or otherwise dispose of, or agree to sell, lease, encumber or otherwise dispose of any of its properties or assets (including capital stock of SubsidiariesSubsidiaries of the Company and residual interests in owner trust securitizations), except as disclosed in the Company Disclosure Letter and for any such dispositions in the ordinary course of business and consistent with past practice and of substantially except for Liens incurred pursuant to the same character, type and magnitude as dispositions in the pastExisting Financing Facilities or other credit facilities permitted under this Section 5.1.
Appears in 1 contract
