Common use of CONTINUITY OF OPERATIONS Clause in Contracts

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 20 contracts

Sources: Business Loan Agreement (Gaia, Inc), Business Loan Agreement (Mammoth Energy Partners LP), Business Loan Agreement (Signature Group Holdings, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 9 contracts

Sources: Business Loan Agreement (Autocorp Equities Inc), Business Loan Agreement (Autocorp Equities Inc), Loan Agreement (United Oilfield Services Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 4 contracts

Sources: Business Loan Agreement (Premier Financial Bancorp Inc), Business Loan Agreement (Premier Financial Bancorp Inc), Business Loan Agreement (Premier Financial Bancorp Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, and (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its nameor dissolve, dissolve or transfer or sell Collateral out of except that (A) Borrower may engage in such actions in the ordinary course of business, its business and (B) Borrower may merge or (3) make consolidate with any distribution with respect to any capital account, whether by reduction of capital other person so long as Borrower is the continuing or otherwisesurviving entity in such transaction.

Appears in 4 contracts

Sources: Business Loan Agreement (Hancock Park Corporate Income, Inc.), Business Loan Agreement (OFS Capital Corp), Business Loan Agreement (Hancock Park Corporate Income, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any other entity, change its name, dissolve convert to another type of entity or transfer or sell Collateral out of the ordinary course of businessredomesticate, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwisedissolve.

Appears in 3 contracts

Sources: Business Loan Agreement (Collectors Universe Inc), Business Loan Agreement (Wilhelmina International, Inc.), Business Loan Agreement (Wilhelmina International, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 3 contracts

Sources: Business Loan Agreement (Amphastar Pharmaceuticals, Inc.), Business Loan Agreement (Amphastar Pharmaceuticals, Inc.), Business Loan Agreement (Amphastar Pharmaceuticals, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.consolidate

Appears in 2 contracts

Sources: Business Loan Agreement (Ogden Golf Co Corp), Business Loan Agreement (Ogden Golf Co Corp)

CONTINUITY OF OPERATIONS. (a) Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Construction Loan Agreement (Nevstar Gaming & Entertainment Corp), Loan Agreement (Labor Ready Inc)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower or any Subsidiary of real or personal property which has been sold or transferred by the Borrower or Subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 2 contracts

Sources: Credit Agreement (Advanced Materials Group, Inc.), Credit Agreement (Tandy Leather Factory Inc)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Business Loan Agreement (Deja Foods Inc), Business Loan Agreement (Deja Foods Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution payments to or enter into any agreements with respect to any capital accountaffiliate, whether other than agreements that are on an arms'-length basis and are approved by reduction of capital or otherwiseLender in its sole discretion.

Appears in 2 contracts

Sources: Business Loan Agreement (Asset Based) (Signature Group Holdings, Inc.), Business Loan Agreement (Signature Group Holdings, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwisedividends on Borrower's stock (other than dividends payable in its stock).

Appears in 2 contracts

Sources: Business Loan Agreement (Niku Corp), Business Loan Agreement (Niku Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.or

Appears in 2 contracts

Sources: Business Loan Agreement (Premier Financial Bancorp Inc), Commercial Security Agreement (Pyramid Breweries Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Business Loan Agreement (Heritage Global Inc.), Business Loan Agreement (Medalist Diversified REIT, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to dividends on Borrower's stock (other than dividends payable in its stock), or (4) purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital account, whether by reduction of capital or otherwisestructure.

Appears in 2 contracts

Sources: Business Loan Agreement (Portland Brewing Co /Or/), Business Loan Agreement (Portland Brewing Co /Or/)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged; (ii) merge with, acquire, or consolidate with any other business entity; (2iii) convert to a different kind of business entity; (iv) change Borrower’s name; or (v) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwisedissolve.

Appears in 2 contracts

Sources: Construction Loan Agreement, Construction Loan Agreement (CNL Growth Properties, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with any other entity, change its name, dissolve convert to another type of entity or transfer or sell Collateral out of the ordinary course of businessredomesticate, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwisedissolve.

Appears in 2 contracts

Sources: Business Loan Agreement (Amtd Idea Group), Business Loan Agreement (Amtd Idea Group)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, engaged or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Business Loan Agreement (Farmland Partners Inc.), Business Loan Agreement (Farmland Partners Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than then those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Business Loan Agreement (Asa International LTD), Business Loan Agreement (Asa International LTD)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral the Property out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 2 contracts

Sources: Construction Loan Agreement, Construction Loan Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in In which Borrower is presently engaged, (212) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its Its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make Borrower may pay cash dividends on its stock to its shareholders or purchase or retire any distribution with respect to any of Borrower's outstanding shares or alter of amend Borrower's capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Business Loan Agreement (Premier Financial Bancorp Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, account whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (ComSovereign Holding Corp.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make any distribution with respect to any capital account, whether by reduction of or capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Trex Co Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (LSB Industries Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2) cease operations, liquidate. merge or restructure as a legal entity (whether by division or otherwise), merge, transfer, acquire or consolidate with or acquire any other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Lodging Fund REIT III, Inc.)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities which substantially different than those change the nature of the buisiness in which the Borrower is presently engaged, taken as a whole; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entityentity (unless the Borrower is the surviving entity in such a merger, acquisition or consolidation), change its name, dissolve or transfer dissolve, or sell Collateral a material part of its assets out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwisebusiness which sale would have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Harris Interactive Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make any distribution with respect to any capital account, whether by reduction of capital or otherwise. LOANS, ACQUISITIONS AND GUARANTIES.

Appears in 1 contract

Sources: Business Loan Agreement (T&w Financial Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerger, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwisedividends on Borrower's stock (other than dividends payable in its stock).

Appears in 1 contract

Sources: Business Loan Agreement (Niku Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its nameownership, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Osborne Richard M Trust)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or ({3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Homeland Energy Solutions LLC)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2) cease operations, liquidate, merge, transfer, acquire merge or restructure as a legal entity (whether by division or otherwise). consolidate with or acquire any other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Lodging Fund REIT III, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.. Loan No: 2066 (Continued) Page 4

Appears in 1 contract

Sources: Business Loan Agreement (Innsuites Hospitality Trust)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make purchase or retire any distribution with respect to any of Borrower's outstanding shares or alter or amend Borrower's capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Loan Agreement (Essex Corporation)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any BUSINESS LOAN AGREEMENT Loan No: 50019590 (Continued) Page 4 other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Red Trail Energy, LLC)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, such that it is no longer in existence, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (ERBA Diagnostics, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwise.dividends on Borrower's stock (other than dividends [ILLEGIBLE]

Appears in 1 contract

Sources: Promissory Note (Suncrest Global Energy Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any other entity, change its name. convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Clearday, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its nameliquidate substantially all assets of Borrower, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Heartland Financial Usa Inc)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any material assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower or any Subsidiary of real or personal property which has been sold or transferred by the Borrower or Subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 1 contract

Sources: Credit Agreement (Mace Security International Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire acquire, or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Pet DRx CORP)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is Borrowers are presently engaged, or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Unbridled Energy CORP)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.any

Appears in 1 contract

Sources: Business Loan Agreement (Coeur D Alenes Co /Ia/)

CONTINUITY OF OPERATIONS. (a) Engage in any business activities substantially different than those in which Borrower is presently engaged, engaged or presently intends to engage in the future; (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, ; or (3c) make any distribution with respect to any alter or amend Borrower’s capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Credit Agreement (Hoku Scientific Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, ,. transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3B) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Husker Ag Processing LLC)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its nameownership, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Sigma Designs Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwisedividends on Borrower’s stock (other than dividends payable in its stock).

Appears in 1 contract

Sources: Business Loan Agreement (Niku Corp)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which Borrower is and Guarantor are presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower or Guarantor or any subsidiary of real or personal property which has been sold or transferred by the Borrower or Guarantor or subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 1 contract

Sources: Loan Agreement (Mace Security International Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution with respect to any capital accountdividends on Borrower's stock (other than dividends payable in its stock), whether by reduction of capital or otherwise.provided,

Appears in 1 contract

Sources: Business Loan Agreement (Asset Based) (Kahiki Foods Inc)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, engaged or (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any other entity, change its name, convert to another type of entity or re-domesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwiseCollateral.

Appears in 1 contract

Sources: Credit Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, without the prior written consent of the Owner of the Bond and Council, which consent will not be unreasonably withheld, or (3c) make any distribution with respect to any alter or amend Borrower's capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Loan and Financing Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwisedividends on Borrower's stock.

Appears in 1 contract

Sources: Loan Agreement (Magnavision Corporation)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire transfer or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower or any Subsidiary of real or personal property which has been sold or transferred by the Borrower or Subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 1 contract

Sources: Credit Agreement (Sharps Compliance Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make pay any distribution with respect to any capital account, whether by reduction of capital or otherwisedividends on Borrower's common stock (other than dividends payable in its stock).

Appears in 1 contract

Sources: Loan Agreement (Labor Ready Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.================================================================================

Appears in 1 contract

Sources: Business Loan Agreement (Human Pheromone Sciences Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make pay any distribution with respect to any capital accountdividends on Borrower's stock (other than dividends payable in its stock), whether by reduction provided, however that notwithstanding the foregoing, but only so long as no Event of capital or otherwise.Default

Appears in 1 contract

Sources: Loan Agreement (Orphan Medical Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engagedBorrower’s existing business, (2) or cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its nameownership, dissolve or transfer or sell any of the Personal Property Collateral out outside of the ordinary course of business, unless such merger, transfer, acquisition or (3) make any distribution with respect to any capital account, whether by reduction consolidation does not result in a Change of capital or otherwiseControl.

Appears in 1 contract

Sources: Loan Agreement (Premier Power Renewable Energy, Inc.)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make 3)enter into any distribution arrangement with respect any person providing for the leasing by the Borrower to any capital account, whether subsidiary of real or personal property which has been sold or transferred by reduction of capital the Borrower or otherwise.subsidiary to such person. H.

Appears in 1 contract

Sources: Credit Agreement (Syntel Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) 21 cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) 31 make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Charge Enterprises, Inc.)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower or any subsidiary of real or personal property which has been sold or transferred by the Borrower or subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 1 contract

Sources: Credit Agreement (Cavco Industries Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, mergemerge or restructure as a legal entity (whether by division or otherwise), transfer, acquire or consolidate with or acquire any other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.or

Appears in 1 contract

Sources: Business Loan Agreement (BioLife4D Corp)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.Collateral

Appears in 1 contract

Sources: Business Loan Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, (c) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.would result from

Appears in 1 contract

Sources: Loan Agreement (Balance Bar Co)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral collateral out of the ordinary course of business, or (3c) make sell with recourse any distribution with respect of the Borrower's accounts, except to any capital account, whether by reduction of capital or otherwiseLender.

Appears in 1 contract

Sources: Loan Agreement (Transcrypt International Inc)

CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different than from those in which the Borrower is presently engaged, ; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer dissolve, or sell Collateral any assets out of the ordinary course of business, ; or (3) make enter into any distribution arrangement with respect any person providing for the leasing by the Borrower of any subsidiary of real or personal property which has been sold or transferred by the Borrower or subsidiary to any capital account, whether by reduction of capital or otherwisesuch person.

Appears in 1 contract

Sources: Credit Agreement (Ari Network Services Inc /Wi)

CONTINUITY OF OPERATIONS. (a) Engage in any business activities substantially different than those in which Borrower is presently engaged, engaged or presently intends to engage in the future; (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, ; or (3c) make any distribution with respect to any alter or amend Borrower’s capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Credit Agreement (Hoku Scientific Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than from those in which Borrower is presently engaged, engaged or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Asset Based) (KeyStone Solutions, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than that those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Portfolio Recovery Associates Inc)

CONTINUITY OF OPERATIONS. (i) Engage in any business activities that differ substantially different than from those in which Borrower is presently engaged, engaged as of the date of this Agreement; (2ii) cease operations, liquidatetransfer, merge, transferliquidate, acquire or consolidate with any other entity, ; (iii) change its name; or (iv) dissolve, dissolve or transfer or sell Collateral out of Collateral, unless in the ordinary course of Borrower’s business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which whic h Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer-transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Autocorp Equities Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, (c) purchase or (3) make retire any distribution with respect to any of Borrower's outstanding shares or alter or amend Borrower's capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Business Loan Agreement (Analytical Surveys Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make pay any distribution dividends on Borrower’s stock other than (i) dividends payable in its stock and (ii) cash dividends in amounts and frequency consistent with respect to any past practice, or alter or amend Borrower’s capital account, whether by reduction of capital or otherwisestructure.

Appears in 1 contract

Sources: Business Loan Agreement (Wayside Technology Group, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is and its subsidiaries are presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital accountaccount except from a subsidiary to Borrower, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Arts Way Manufacturing Co Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operationsoperation, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Medalist Diversified REIT, Inc.)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, engaged or (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Champion Industries Inc)

CONTINUITY OF OPERATIONS. (i) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2ii) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its namewhether or not Borrower is the surviving entity, or (iii) dissolve or transfer or sell Collateral any assets out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Secured Short Term Loan Agreement

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3c) make pay any distribution with respect to any capital accountdividends on Borrower's stock (other than dividends payable in its stock), whether by reduction provided, however that notwithstanding the foregoing, but only so long as no Event of capital or otherwise.Default has

Appears in 1 contract

Sources: Business Loan Agreement (Labor Ready Inc)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of businessBusiness, or (3c) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (NTS Properties Vi/Md)

CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, or (2b) cease operations, liquidate, merge, ,( except for the contemplated business combination between Borrower and Altiva,) transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.

Appears in 1 contract

Sources: Business Loan Agreement (Exactech Inc)