Sale of Assets, Consolidation, Merger, etc. (i) Sell, transfer or lease all or substantially all of the assets, business or property of (A) PPG or (B) PPG and its Restricted Subsidiaries on a consolidated basis; or (ii) enter into any merger or consolidation, unless PPG or such Restricted Subsidiary shall be the surviving corporation.
Sale of Assets, Consolidation, Merger, etc. Not without the prior written consent of Agent, except in the ordinary course of Borrower’s business, consolidate or merge with or sell, assign, lease, transfer or otherwise dispose of all or a substantial part of its properties or assets, or of any division, branch, or other unit of operation, to any person, corporation or other entity, or acquire all or substantially all of the assets or the business of any person, corporation or other entity. Any transfers made by Borrower to any entity without the prior written consent of Agent, shall be considered void at the time of transfer and without any power or effect.
Sale of Assets, Consolidation, Merger, etc. Such Borrower shall not consolidate with or merge into any other Person, or without the prior written consent of the Requisite Lenders, sell, lease, transfer or otherwise dispose of any Collateral, except for (a) sales of inventory in the ordinary course of business, and (b) any sale, lease, transfer or other disposition of assets no longer used or useful in the conduct of the Business for the fair market value thereof not to exceed $250,000 in the aggregate; PROVIDED, HOWEVER, that if no Event of Default has then occurred or is continuing or would result therefrom, any Borrower, upon provision of thirty days prior written notice to the Agent and upon compliance with SECTION 8.02, may merge with another Borrower.
Sale of Assets, Consolidation, Merger, etc. Such ------------------------------------------ Borrower shall not consolidate with or merge into any other Person (except as permitted under Section 6.08, and only if the Borrower is the surviving entity), ------------ or without the prior written consent of the Requisite Lenders, sell, lease, transfer or otherwise dispose of any Collateral, except for (a) sales of inventory in the ordinary course of business (b) sales of Telecommunications Equipment from one Borrower to another so long as the Collateral Agent maintains a first priority perfected security interest in such Telecommunications Equipment, for the benefit of the Lenders, and (c) any sale, lease, transfer or other disposition of assets no longer used or useful in the conduct of the Business for the fair market value thereof not to exceed $50,000 in the aggregate.
Sale of Assets, Consolidation, Merger, etc. (i) Sell, lease, transfer or otherwise dispose of any of its assets (except in the ordinary course of business and as permitted under this Agreement) or all or a substantial part of the properties and assets of Borrower to any person or entity; (ii) consolidate with or merge into any other entity, or permit another entity to merge into Borrower, or acquire stock in or all or substantially all of the properties or assets of any other person or entity or enter into any reorganization, recapitalization or otherwise change Borrower's corporate structure; (iii) enter into any arrangement, directly or indirectly with any person or entity whereby Borrower shall sell or transfer any property, real, personal or mixed, and used and useful in the business of the Borrower, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property which Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred; (iv) enter into a partnership or joint venture with any person or entity; or (v) authorize or enter into any plan, letter of intent, or agreement to do any of the foregoing.
Sale of Assets, Consolidation, Merger, etc. (i) Sell, transfer or lease all or substantially all of the assets, business or property of (A) the Borrower or (B) the Borrower and its Restricted Subsidiaries on a consolidated basis; or (ii) enter into any merger or consolidation, unless the Borrower or such Restricted Subsidiary shall be the surviving corporation.
Sale of Assets, Consolidation, Merger, etc. Without the prior written consent of Lender, the Borrower will not (a) sell, lease, transfer or otherwise dispose of its properties and/or assets to any Person, (b) consolidate with or merge into any corporation, or permit another corporation to merge into it, or acquire all or substantially all the properties or assets of any other Person, or (c) enter into any arrangement, directly or indirectly, with any Person whereby the Borrower shall sell or transfer any property, real, personal or mixed, and used and useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Sale of Assets, Consolidation, Merger, etc. Borrower shall not:
Sale of Assets, Consolidation, Merger, etc. Such Borrower shall not consolidate with or merge into any other Person, or without the prior written consent of Lender, sell, lease, transfer or otherwise dispose of any Collateral, except for (a) sales of inventory in the ordinary course of business not to exceed $50,000 in the aggregate, (b) any sale, lease, transfer or other disposition of assets no longer used or useful in the conduct of the Business for the fair market value thereof not to exceed $50,000 in the aggregate, (c) sales or long-term leases of "dark fiber" subject to the receipt of the previous written consent of Lender, provided that Lender shall not unreasonably withhold its consent to any such sale or lease, (d) transfers of intangible property and real estate rights of way, easements and other rights to use real property from KMC to KMC II that specifically relate to one or more Systems not financed by Lender and not anticipated to be financed by Lender pursuant to the Milestone Plan, and (e) transfers of assets from KMC to KMC Virginia to the extent permitted by SECTION 6.16.
Sale of Assets, Consolidation, Merger, etc. With respect to SPMI, SMFI shall not permit SPMI to consolidate with, or merge into, any Person other than SMFI or Xxxxxxx Gold Fund (a Borrower hereunder), or sell, lease, transfer or otherwise dispose of its assets, except for sales in the ordinary course of business.
