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 Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (1) 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 evidenced by a Board Resolution, (2) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.09.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries Subsidiary to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board of Directors of the Company and evidenced by a Board Resolution, , and (2ii) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.094.6.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries Group Member to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined determined, in good faith faith, by the Board of Directors of the Company and evidenced by a Board Resolution, board resolution, (2ii) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and 4.08 and (3iii) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction thereof are applied in compliance with Section 4.094.10.

Limitation on Sale and Lease-Back Transactions. The Company Xxxxxx Xxxxx will not, and will not permit any of its Restricted Subsidiaries Subsidiary to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board of Directors of the Company and evidenced by a Board Resolution, Resolution of Xxxxxx Xxxxx, and (2ii) the Company Xxxxxx Xxxxx or a Restricted Subsidiary could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.094.6.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless: (1) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board board of Directors directors of the Company and evidenced by a Board Resolution,board resolution; and (2) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.09.4.10. 57

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board of Directors of the Company and evidenced by a Board Resolution, board resolution; and (2ii) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.09.above. 56 -49-

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless unless (1i) 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 property sold and evidenced by a Board Resolution, (2ii) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) 4.3. The foregoing restrictions shall not apply to the transfer of assets in such Exempt Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.09Transaction.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Lease- Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board of Directors of the Company (ii) immediately prior to and evidenced by a Board Resolution, (2) the Company could incur after giving effect to the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction Transaction, the Company could incur at least $1.00 of additional Indebtedness (other than Permitted Indebtedness) in compliance with Section 4.06 and and (3iii) the transfer of assets in such net cash proceeds received by the Company or its Subsidiaries from the Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction are applied in compliance accordance with Section 4.094.21.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless (1) 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 evidenced by a Board Resolution, (2) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.094.08.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board of Directors of the Company (ii) immediately prior to and evidenced by a Board Resolution, (2) the Company could incur after giving effect to the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction Transaction, the Company could incur at least $1.00 of additional Indebtedness (other than Permitted Indebtedness) in compliance with Section 4.06 and and (3iii) the transfer of assets in such net cash proceeds received by the Company or its Subsidiaries from the Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction are applied in compliance accordance with Section 4.094.20.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any of its Restricted Subsidiaries Subsidiary to, enter into any Sale and Lease-Back Transaction unless unless (1i) the consideration received in such Sale and Lease-Back Transaction is at least equal to the fair market value of the Property property sold, as determined in good faith by the Board Company's board of Directors of the Company directors and evidenced by a Board Resolution, board resolution and (2ii) the Company could incur the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction in compliance with Section 4.06 and (3) the transfer of assets in such Sale and Lease-Back Transaction is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 4.094.06.