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

Limitation on Sale and Lease-Back Transactions. The Issuer shall not, and shall not permit any Restricted Subsidiary to, enter into any Sale and Lease-Back Transaction with respect to any property unless: (1) the Issuer or such Restricted Subsidiary would be entitled to (A) incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale and Lease-Back Transaction pursuant to Section 4.09 of this Indenture and (B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.12 of this Indenture; (2) the consideration received by the Issuer or any Restricted Subsidiary in connection with such Sale and Lease-Back Transaction is at least equal to the fair market value (as determined in good faith by the Issuer) of such property; and (3) the Issuer applies the proceeds of such transaction in compliance with Section 4.10 of this Indenture.

Limitation on Sale and Lease-Back Transactions. The Issuer shall will not, and shall will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Lease-Back Transaction; provided, that the Issuer or any Restricted Subsidiary may enter into a Sale and Lease-Back Transaction with respect to any property unlessif: (1) the Issuer or such Restricted Subsidiary would be entitled to Subsidiary, as applicable, could have (Aa) incur incurred Indebtedness in an amount equal to the Attributable Debt with respect relating to such Sale and Lease-Back Transaction pursuant to under Section 4.09 of this Indenture and (Bb) create incurred a Lien on to secure such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes pursuant to Section 4.12 of this Indenture;4.12; and (2) the consideration received by the Issuer or any Restricted Subsidiary transfer of assets in connection with such Sale and Lease-Back Transaction is at least equal to the fair market value (as determined in good faith by the Issuer) of such property; and (3) permitted by, and the Issuer or such Restricted Subsidiary applies the proceeds of such transaction in compliance with with, Section 4.10 of this Indenture4.10.

Limitation on Sale and Lease-Back Transactions. The Issuer shall not, and shall not permit any of the Restricted Subsidiary Subsidiaries to, enter into any Sale and Lease-Back Transaction; provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Lease-Back Transaction with respect to any property unlessif: (1) the Issuer or such Restricted Subsidiary would be entitled to Subsidiary, as applicable, could have (Aa) incur incurred Indebtedness (other than Permitted Indebtedness) in an amount equal to the Attributable Debt with respect Indebtedness relating to such Sale and Lease-Back Transaction under Section 4.06; and (b) incurred a Lien to secure such Indebtedness pursuant to Section 4.09 of this Indenture and (B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.12 of this Indenture4.11; (2) the consideration received by the Issuer or any Restricted Subsidiary in connection with such gross cash proceeds of that Sale and Lease-Back Transaction is are at least equal to the fair market value (as determined in good faith by of the Issuer) of such propertyproperty sold; and (3) the transfer of assets in that Sale and Lease-Back Transaction is permitted by, and the Issuer applies the proceeds of such transaction in compliance with with, Section 4.10 of this Indenture4.09.

Limitation on Sale and Lease-Back Transactions. The No Issuer shall, nor shall not, and shall not it permit any of the Restricted Subsidiary Subsidiaries to, directly or indirectly, enter into any Sale and Lease-Back Transaction; provided, that an Issuer or any Restricted Subsidiary may enter into a Sale and Lease-Back Transaction with respect to any property unlessif: (1) the applicable Issuer or such Restricted Subsidiary would be entitled to Subsidiary, as applicable, could have (Aa) incur incurred Indebtedness in an amount equal to the Attributable Debt with respect relating to such Sale and Lease-Back Transaction pursuant to under Section 4.09 of this Indenture and (Bb) create incurred a Lien on to secure such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes pursuant to Section 4.12 of this Indenture;4.12; and (2) the consideration received by the Issuer or any Restricted Subsidiary transfer of assets in connection with such Sale and Lease-Back Transaction is at least equal to permitted by, and the fair market value (as determined in good faith by the Issuer) of applicable Issuer or such property; and (3) the Issuer Restricted Subsidiary applies the proceeds of such transaction in compliance with with, Section 4.10 of this Indenture4.10.

Limitation on Sale and Lease-Back Transactions. The Issuer shall not, and shall not permit any of the Restricted Subsidiary Subsidiaries to, enter into any Sale and Lease-Back Transaction; provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Lease-Back Transaction with respect to any property unlessif: (1) the Issuer or such Restricted Subsidiary would be entitled to Subsidiary, as applicable, could have (Aa) incur incurred Indebtedness (other than Permitted Indebtedness) in an amount equal to the Attributable Debt with respect Indebtedness relating to such Sale and Lease-Back Transaction under Section 4.06; and (b) incurred a Lien to secure such Indebtedness pursuant to Section 4.09 of this Indenture and (B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.12 of this Indenture4.12; (2) the consideration received by the Issuer or any Restricted Subsidiary in connection with such gross cash proceeds of that Sale and Lease-Back Transaction is are at least equal to the fair market value (as determined in good faith by of the Issuer) of such propertyproperty sold; and (3) the transfer of assets in that Sale and Lease-Back Transaction is permitted by, and the Issuer applies the proceeds of such transaction in compliance with with, Section 4.10 of this Indenture4.10.