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

Limitation on Sale and Lease-Back Transactions. The Obligors and their Restricted Subsidiaries shall not enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” or (b) the Obligors, within six months from the effective date of such Sale/ Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction to the voluntary defeasance or other Indebtedness ranking pari passu with the loan (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity); provided that the foregoing will not prevent the Obligors or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2045 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2045 Notes or other Indebtedness ranking pari passu with the loan 2045 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2032 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2032 Notes or other Indebtedness ranking pari passu with the loan 2032 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2049 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2049 Notes or other Indebtedness ranking pari passu with the loan 2049 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2026 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2026 Notes or other Indebtedness ranking pari passu with the loan 2026 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2030 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2030 Notes or other Indebtedness ranking pari passu with the loan 2030 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2029 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2029 Notes or other Indebtedness ranking pari passu with the loan 2029 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2022 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 5 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2022 Notes or other Indebtedness ranking pari passu with the loan 2022 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2047 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 5 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2047 Notes or other Indebtedness ranking pari passu with the loan 2047 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2020 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 5 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2020 Notes or other Indebtedness ranking pari passu with the loan 2020 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2022 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2022 Notes or other Indebtedness ranking pari passu with the loan 2022 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2024 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 5 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2024 Notes or other Indebtedness ranking pari passu with the loan 2024 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2027 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 5 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2027 Notes or other Indebtedness ranking pari passu with the loan 2027 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2019 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2019 Notes or other Indebtedness ranking pari passu with the loan 2019 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2050 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2050 Notes or other Indebtedness ranking pari passu with the loan 2050 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2024 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2024 Notes or other Indebtedness ranking pari passu with the loan 2024 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.

Limitation on Sale and Lease-Back Transactions. The Obligors Company shall not, and their shall not permit any of its Restricted Subsidiaries shall not to, enter into any Sale/Leaseback Transaction with respect to any Principal Property unless (a) the Obligors Company or such Restricted Subsidiary would be entitled to create a Lien on such Principal Property securing Indebtedness in an amount equal to the Attributable Indebtedness with respect to such Sale/Leaseback Transaction without securing the Loan then outstanding 2052 Notes pursuant to the provisions described above under § 2 (3) (i) “Limitation on Liens” Section 4 of this Supplemental Indenture or (b) the ObligorsCompany, within six months from the effective date of such Sale/ Sale/Leaseback Transaction, apply an amount equal to the Attributable Indebtedness with respect to such Sale/ Leaseback Transaction applies to the voluntary defeasance or retirement of the 2052 Notes or other Indebtedness ranking pari passu with the loan 2052 Notes (excluding retirements as a result of conversions or pursuant to mandatory sinking fund or mandatory prepayment provisions or by payment at maturity)) an amount equal to the Attributable Indebtedness in respect of such Sale/Leaseback Transaction; provided that the foregoing will not prevent the Obligors Company or any Restricted Subsidiary from (x) entering into any Sale/Leaseback Transaction involving a lease with a term of less than three years or (y) entering into any Sale/Leaseback Transaction between a Restricted Subsidiary and the Obligors Company or between Restricted Subsidiaries.