Common use of Sale of Assets, Consolidation, Merger, Dissolution, Etc Clause in Contracts

Sale of Assets, Consolidation, Merger, Dissolution, Etc. Borrower shall not, directly or indirectly: (a) merge into or with or consolidate with any other Person or permit any other Person to merge into or with or consolidate with it without the prior written consent of Lender, which consent shall not be unreasonably withheld; (b) sell, assign, lease, transfer, abandon or otherwise dispose of any stock or indebtedness to any other Person or any of its assets to any other Person, except for: (i) sales of Inventory in the ordinary course of business; and (ii) the disposition of worn-out or obsolete Equipment or Equipment no longer used in the business of Borrower so long as: (A) if an Event of Default exists or has occurred and is continuing, any proceeds are paid to Lender, and (B) such sales do not involve Equipment, together with any equipment disposed by CYI, having an aggregate fair market value in excess of Twenty-Five Thousand Dollars ($25,000) for all such equipment disposed of by Borrower and CYI in any fiscal year of Borrower; (c) form or acquire any subsidiaries; (d) wind up, liquidate or dissolve; or (e) agree to do any of the foregoing.

Sale of Assets, Consolidation, Merger, Dissolution, Etc. Borrower shall not, directly or indirectly: , (a) merge into or with or consolidate with any other Person or permit any other Person to merge into or with or consolidate with it without the prior written consent of Lenderit, which consent shall not be unreasonably withheld; or (b) sell, assign, lease, transfer, abandon or otherwise dispose of any stock or indebtedness to any other Person or any of its assets to any other Person, Person (except for: for (i) sales of Inventory in the ordinary course of business; and , (ii) the sale or other disposition of Equipment in the event of a store closure, (iii) the sale of Accounts arising out of Borrower's private label credit card program to GCRC in accordance with the procedures set forth in the documentation evidencing the Securitization Facility, and (iv) the disposition of worn-out or obsolete Equipment or Equipment no longer used in the business of Borrower so long as: as (A) if an Event of Default exists or has occurred and is continuing, any net proceeds are paid to Lender, and Lender and (B) such sales do not involve Equipment, together with any equipment disposed by CYI, Equipment having an aggregate fair market value in excess of Twenty-Five Two Hundred Fifty Thousand Dollars ($25,000250,000) for all such equipment Equipment disposed of by Borrower and CYI in any fiscal year of Borrower; ), or (c) form or acquire any subsidiaries; , or (d) wind up, liquidate or dissolve; or dissolve or (e) agree to do any of the foregoing.

Sale of Assets, Consolidation, Merger, Dissolution, Etc. Borrower shall not, directly or indirectly: , (a) merge into or with or consolidate with any other Person or permit any other Person to merge into or with or consolidate with it without the prior written consent of Lenderit, which consent shall not be unreasonably withheld; or (b) sell, assign, lease, transfer, abandon or otherwise dispose of any stock or indebtedness to any other Person or any of its assets to any other Person, Person (except for: for (i) sales of Inventory in the ordinary course of business; and , (ii) the sale or other disposition of worn-out or obsolete Equipment or Equipment no longer used in the business event of Borrower a store closure, and (iii) the disposition of Equipment so long as: as (A) if an Event of Default exists or has occurred and is continuing, any proceeds are paid to Lender, and Lender (B) such sales do not involve Equipment, together with any equipment disposed by CYI, Equipment having an aggregate fair market value in excess of Twenty-Five One Hundred Thousand Dollars ($25,000$ 100,000) for all such equipment Equipment disposed of by Borrower and CYI in any fiscal year of Borrower and (C) Borrower reinvests the proceeds from the sale of such Equipment (other than worn-out or obsolete Equipment or Equipment no longer used in the business of Borrower; ) to benefit the ordinary business purpose of Borrower), or (c) form or acquire any subsidiaries; , or (d) wind up, liquidate or dissolve; or dissolve or (e) agree to do any of the foregoing.

Sale of Assets, Consolidation, Merger, Dissolution, Etc. Borrower shall not, directly or indirectly: (a) merge into or with or consolidate with any other Person or permit any other Person to merge into or with or consolidate with it without the prior written consent of Lender, which consent shall not be unreasonably withheld; (b) sell, assign, lease, transfer, abandon or otherwise dispose of any stock or indebtedness to any other Person or any of its assets to any other Person, (except for: (i) sales of Inventory in the ordinary course of business; and (ii) the disposition of worn-out or obsolete Equipment or Equipment no longer used in the business of Borrower so long as: (A) if an Event of Default exists or has occurred and is continuing, any proceeds are paid to Lender, and (B) such sales do not involve Equipment, together with any equipment disposed by CYIWareforce, having an aggregate fair market value in excess of Twenty-Five Thousand Dollars ($25,000) for all such equipment disposed of by Borrower and CYI Wareforce in any fiscal year of Borrower); (c) form or acquire any subsidiaries; (d) wind up, liquidate or dissolve; or (e) agree to do any of the foregoing.

Sale of Assets, Consolidation, Merger, Dissolution, Etc. Borrower shall not, directly or indirectly: , (a) merge into or with or consolidate with any other Person or permit any other Person to merge into or with or consolidate with it without (although Borrower may merge any wholly owned subsidiary of Borrower into the Borrower upon prior written consent of notice to Lender), which consent shall not be unreasonably withheld; or (b) sell, assign, lease, transfer, abandon or otherwise dispose of any stock or indebtedness to any other Person or any of its assets to any other Person, Person (except for: for (i) sales of Inventory in the ordinary course of business; and , (ii) the disposition of worn-out or obsolete Equipment or Equipment no longer used in the business of Borrower so long as: as (A) if an Event of Default exists or has occurred and is continuing, any proceeds are paid to Lender for application to the Obligations, in the discretion of the Lender, and and (B) such sales do not involve Equipment, together with any equipment disposed by CYI, Equipment having an aggregate fair market value in excess of Twenty-Five Thousand Dollars ($25,000) 50,000 for all such equipment Equipment disposed of by Borrower and CYI in any fiscal year of Borrower; Borrower and (iii) the dispositions of certain investments as set forth on Schedule 9.7), or (c) form or acquire any subsidiaries; , or (d) wind up, liquidate or dissolve; or dissolve or (e) agree to do any of the foregoing.