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This excerpt taken from the ENOC 8-K filed Aug 8, 2008. 7.1 Dispositions.
Convey, sell, lease, transfer, assign, or otherwise dispose of
(collectively “Transfer”), or permit any of its
Subsidiaries to Transfer, all or any part of its business or property, except
for:
(a) Transfers in the ordinary course of business for reasonably equivalent consideration;
(b) Transfers of property in connection with sale-leaseback transactions;
(c) Transfers of property to the extent such property is exchanged for credit against, or proceeds are promptly applied to, the purchase price of other property used or useful in the business of Borrower or its Subsidiaries;
(d) Transfers constituting non-exclusive licenses and similar arrangements for the use of the property of Borrower or its Subsidiaries in the ordinary course of business and other non-perpetual licenses that may be exclusive in some respects other than territory (and/or that may be exclusive as to territory only in specified geographical areas outside of the United States), but that could not result in a legal transfer of Borrower’s title in the licensed property;
(e) Transfers otherwise permitted by the Loan Documents;
(f) sales or discounting of delinquent accounts in the ordinary course of business;
(g) Transfers associated with the making or disposition of Permitted Investments;
(h) Transfers in connection with a permitted acquisition of a portion of the assets or rights acquired; and
(i) Transfers of assets (other than Accounts (unless such Transfer is in the ordinary course of Borrower’s business)) not otherwise permitted in this Section 7.1, provided, that the aggregate book value of all such Transfers by Borrower and its Subsidiaries, together, shall not exceed in any fiscal year, five percent (5.0%) of Borrower’s consolidated total assets as of the last day of the fiscal year immediately preceding the date of determination. |
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