Common use of Limitation on Sale and Lease-Back Transactions Clause in Contracts

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Subsidiaries to, enter into any Sale and Lease-Back Transaction; provided, however, that the Company or any of its Subsidiaries may enter into a Sale and Lease-Back Transaction if: (a) the Company or such Subsidiary, as applicable, would have been entitled pursuant to the provisions of the covenant described under Section 4.14 above to incur a Lien to secure Indebtedness in a principal amount equal to or exceeding the Indebtedness incurred in respect of such Sale and Lease-Back Transaction; (b) the gross cash proceeds or Fair Market Value of any property received in connection with such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of the property that is the subject of such transaction; and (c) such Sale and Lease-Back Transaction is entered into in the ordinary course of business.

Appears in 12 contracts

Samples: Indenture, Indenture, Indenture

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Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Subsidiaries to, enter into any Sale and Lease-Back Transaction; provided, however, that the Company or any of its Subsidiaries may enter into a Sale and Lease-Back Transaction if: (a) the Company or such Subsidiary, as applicable, would have been entitled pursuant to the provisions of the covenant described under Section 4.14 above to incur a Lien to secure Indebtedness in a principal amount equal to or exceeding the Indebtedness incurred in respect of such Sale and Lease-Back Transaction; (b) the gross cash proceeds or Fair Market Value of any property received in connection with such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of the property that is the subject of such transaction; and (c) such Sale and Lease-Back Transaction is entered into in the ordinary course of business.

Appears in 1 contract

Samples: Indenture

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