Limitation on Sale and Lease-Back Transactions. The Issuers shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Issuers could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.
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Samples: Indenture (TWP Capital Corp Ii), Indenture (Target Directories of Michigan Inc), Indenture (Petersen Holdings LLC)
Limitation on Sale and Lease-Back Transactions. The Issuers shall will not, and shall will not permit any Restricted Subsidiary of their Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, determined in good faith, faith by the Board of Directors of the Company and evidenced by a Board Resolution and (ii) the Issuers could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.04.
Appears in 3 contracts
Samples: Indenture (Acme Television LLC), Indenture (Acme Intermediate Holdings LLC), Indenture (Acme Intermediate Holdings LLC)
Limitation on Sale and Lease-Back Transactions. The Issuers Company shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, determined by the Board of Directors a board resolution of the Company and (ii) the Issuers Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.
Appears in 2 contracts
Samples: Indenture (Glasstech Inc), Indenture (High Voltage Engineering Corp)
Limitation on Sale and Lease-Back Transactions. (a) The Issuers shall Issuer will not, and shall not nor will it permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction of any Principal Property unless the proceeds of such sale or transfer are at least equal to the fair value (ias determined by the Board of Directors) of the consideration received in Principal Property to be leased pursuant to such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company and either (iii) the Issuers could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.Issuer or such
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Limitation on Sale and Lease-Back Transactions. The Issuers shall will not, and shall will not permit any of their Restricted Subsidiary Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, determined in good faith, faith by the Board of Directors of the Company an Issuer and evidenced by a board resolution and (ii) the Issuers could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.06 hereof.
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Samples: Indenture (Coaxial LLC)
Limitation on Sale and Lease-Back Transactions. The Issuers Company shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value Fair Market Value of the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Issuers Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.12.
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Limitation on Sale and Lease-Back Transactions. The Issuers Company shall not, and shall not permit any Restricted Subsidiary of its Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, determined by the Board of Directors of the Company in good faith, and (ii) the Issuers Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.8.
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Limitation on Sale and Lease-Back Transactions. The Issuers Company shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Issuers Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.
Appears in 1 contract
Samples: Indenture (Ski Lifts Inc)
Limitation on Sale and Lease-Back Transactions. The Issuers Issuer shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company Issuer and (ii) the Issuers Issuer or such Restricted Subsidiary, as the case may be, could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.
Appears in 1 contract
Samples: Indenture (United Industries Corp)
Limitation on Sale and Lease-Back Transactions. The Issuers Company shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Issuers Company or such Restricted Subsidiary, as the case may be, could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.06 hereof.
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Samples: Indenture (United Industries Corp)
Limitation on Sale and Lease-Back Transactions. The Issuers shall Issuer will not, and shall will not permit any of its Restricted Subsidiary toSubsidiaries, to enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, determined in good faith, faith by the Board of Directors of the Company Issuer and evidenced by a Board Resolution and (ii) the Issuers Issuer could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06.4.06 above. 50
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Limitation on Sale and Lease-Back Transactions. The Issuers shall will not, and shall will not permit any of their Restricted Subsidiary Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the property sold, as determined, in good faith, by the Board of Directors of the Company an Issuer and evidenced by a board resolution and (ii) the Issuers could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.064.06 hereof.
Appears in 1 contract
Samples: Indenture (Insight Communications of Central Ohio LLC)