Sale of Substantially All Assets. The Borrower shall:
Sale of Substantially All Assets. Seller agrees that the consummation of the transactions contemplated by this Agreement constitute, as provided in Code Section 401(k)(10)(A)(ii), a sale of substantially all the assets (within the meaning of Code Section 409(d)(2)) used by Seller in any trade or business.
Sale of Substantially All Assets. The CPNP Shares do not constitute all or substantially all of the assets of Quigley.
Sale of Substantially All Assets provided, that for the purposes of this definition, (i) (A) purchase orders under existing Project Documents relating to the sale of Products or the purchase of corn and (B) purchases of natural gas, water or electricity pursuant to standard user agreements, shall not constitute Additional Project Documents and (ii) any series of related transactions (other than transactions, including hedging transactions, relating to the sale of Products or the purchase of corn and natural gas) shall be considered as one transaction, and all contracts, agreements, letter agreements or other instruments in respect of such transactions shall be considered as one contract, agreement, letter agreement or other instrument, as applicable.
Sale of Substantially All Assets. The CPNP Shares do not constitute all or substantially all of the assets of Xxxxxxx.
Sale of Substantially All Assets. The execution of this Agreement and the consummation of the transactions contemplated hereby constitutes a sale of substantially all of the business assets of Synergetics relating to the Assigned Technology.
Sale of Substantially All Assets. The CPNP Shares do not constitute all or substantially all of the assets of Viabuilt.
Sale of Substantially All Assets. Neither the Company nor any Subsidiary or Affiliate shall sell, lease, assign, transfer or otherwise dispose of any assets from and after the date hereof (i) for less than fair market value, or (ii) if the total of the net book value of all assets sold, leased, assigned, transferred or otherwise disposed of from and after the date hereof exceeds 25% of total assets of the Company (including the Guarantors). The Company shall in any event not permit a Conveyance Event (as defined in Section 8.1 of this Agreement) to occur unless the Company has complied with the provisions of Section 8.1 of this Agreement. In addition, in the event of any sale of any property subject to the lien of the Mortgage or any part thereof, the Company shall make or set aside in trust for prepayments or payments of the Bonds and any Parity Indebtedness incurred in compliance with Section 2.5(j) of this Agreement an amount equal to the lesser of (i) the sale price of such property sold, or (ii) the principal, premium, if any, and interest due on the Bonds and any such Parity Indebtedness then outstanding. In the event the sale price of such property sold is less than the principal, premium, if any, and interest due on the Bonds and any such Parity Indebtedness then outstanding the amount of the sale price of such property sold shall be allocated on a pro-rata basis between the Bonds and such Parity Indebtedness. Notwithstanding the foregoing, neither the Company nor any Subsidiary or Affiliate shall sell, lease or otherwise transfer or dispose of any asset if, after giving effect to such sale, lease or other transfer or disposition, there shall exist any Default.
Sale of Substantially All Assets. Any Debtor Loan Party shall file a motion seeking, or the Bankruptcy Court shall enter, an order, authorizing the sale of all or substantially all of the Debtor Loan Parties’ assets (unless such order contemplates payment in full in cash of the Obligations upon consummation of such sale, whether pursuant to a Plan of Reorganization or otherwise); or
Sale of Substantially All Assets. The RADA Shares do not constitute all or substantially all of the assets of RADA. ARTICLE FOUR ------------ AGREEMENTS OF PARTIES
