Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless: (1) the Company or the Restricted Subsidiary would be entitled to (A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and (B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and (2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 4 contracts
Samples: Indenture (Consensus Cloud Solutions, Inc.), Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) unless the Company or the Restricted Subsidiary would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 4 contracts
Samples: Senior Notes Indenture (Black Knight Financial Services, Inc.), Senior Notes Indenture (Lender Processing Services, Inc.), Senior Notes Indenture (RealEC Technologies, Inc.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) the Company or the Restricted Subsidiary would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 3 contracts
Samples: Indenture (Digitalglobe, Inc.), Indenture (J2 Global, Inc.), Indenture (Digitalglobe Inc)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) Property unless the Company or the such Restricted Subsidiary would be entitled to:
(Aa) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, 4.07; and
(Bb) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.09, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 3 contracts
Samples: Indenture (Natura &Co Holding S.A.), Indenture (Cosan Ltd.), Indenture (Cosan Ltd.)
Limitation on Sale and Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) Property unless the Company or the such Restricted Subsidiary would be entitled to:
(A1) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.064.03, and
(B2) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 4.08, 4.09. in which case, the corresponding Debt and Lien will shall be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 3 contracts
Samples: Indenture (Fibria Celulose S.A.), Indenture (Fibria Celulose S.A.), Indenture (Votorantim Pulp & Paper Inc)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset asset, unless:
(1A) the Company or the Restricted Subsidiary would be entitled to
(A) permitted to Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and4.05;
(B) the Company or the Restricted Subsidiary would be permitted to create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, 4.07; and
(2C) the Company complies transfer of assets in the Sale and Leaseback Transaction is made in accordance with Section 4.13 in respect of such transaction4.11.
Appears in 3 contracts
Samples: Indenture (Foster Wheeler Inc), Indenture (Foster Wheeler LTD), Indenture (Foster Wheeler Inc)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) unless the Company or the Restricted Subsidiary would be entitled to:
(A1) Incur Debt incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to the covenant contained in Section 4.06, 4.07 hereof; and
(B2) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to the covenant contained in Section 4.084.10 hereof, in which case, the corresponding Debt Indebtedness and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 3 contracts
Samples: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Limitation on Sale and Leaseback Transactions. The Company Guarantor will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property Property unless the Guarantor or asset unless:
(1) the Company or the such Restricted Subsidiary would be entitled to:
(Aa) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, 4.07; and
(Bb) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.09, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 2 contracts
Samples: Indenture (Cosan S.A.), Indenture (Cosan S.A.)
Limitation on Sale and Leaseback Transactions. The Company Guarantor will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property Property unless the Guarantor or asset unless:
(1) the Company or the such Restricted Subsidiary would be entitled to:
(Aa) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, Section 4.07; and
(Bb) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.10, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 2 contracts
Samples: Indenture (Cosan Ltd.), Indenture (Cosan Ltd.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) the Company or the Restricted Subsidiary would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.064.05 , and
(B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.07 , in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
and (2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 2 contracts
Samples: Indenture (Vitro Sa De Cv), Indenture (Vitro Sa De Cv)
Limitation on Sale and Leaseback Transactions. The Company Guarantor will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property Property unless the Guarantor or asset unless:
(1) the Company or the Restricted such Subsidiary would be entitled to:
(Aa) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, ; and
(Bb) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.09, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1a) the Company or the Restricted Subsidiary would be entitled to
(Ai) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(Bii) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2b) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (Neenah Foundry Co)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) the Company or the Restricted Subsidiary would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 4.14 in respect of such transaction.
Appears in 1 contract
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any of its or such Restricted Subsidiary's property or asset unless:
unless (1) the Company or the such Restricted Subsidiary would be entitled to
to (Aa) Incur Debt incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
4.12 and (Bb) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt 4.17 and Lien will be deemed incurred pursuant to those provisions, and
(2) if the sale pursuant to the Sale and Leaseback Transaction is an Asset Sale, the Company complies applies the proceeds of such transaction in compliance with Section 4.13 in respect of such transaction4.16.
Appears in 1 contract
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) unless the Company or the Restricted Subsidiary would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(B) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any of its or such Restricted Subsidiary's property or asset unless:
unless (1) the Company or the such Restricted Subsidiary would be entitled to
to (Aa) Incur Debt incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
4.12 and (Bb) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt 4.18 and Lien will be deemed incurred pursuant to those provisions, and
(2) if the sale pursuant to the Sale and Leaseback Transaction is an Asset Sale, the Company complies applies the proceeds of such transaction in compliance with Section 4.13 in respect of such transaction4.16.
Appears in 1 contract
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset (other than any Permitted Sale and Leaseback Transaction) unless:
(1i) the Company or and the Restricted Subsidiary Subsidiaries would be entitled to
(A) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to under Section 4.064.06(a), and
(B) create a Lien on such property or asset securing to secure such Attributable Debt without equally and ratably securing the Notes pursuant to under Section 4.084.09, in which case, the corresponding Debt and Lien will shall be deemed incurred to be Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (Telecom Argentina Sa)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) Property unless the Company or the Restricted such Subsidiary would be entitled to:
(Ai) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, ; and
(Bii) create a Lien on such property or asset Property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.09, in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1a) the Company or the Restricted Subsidiary would be entitled to
(Ai) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(Bii) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, 4.08 in which case, the corresponding Debt and Lien will be deemed incurred pursuant to those provisions, and
(2b) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Note (Neenah Foundry Co)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) unless the Company or the Restricted Subsidiary would be entitled to:
(A1) Incur Debt incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, 4.02; and
(B2) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, 4.04; in which case, the corresponding Debt Indebtedness and Lien will be deemed incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: First Supplemental Indenture (Lifepoint Health, Inc.)
Limitation on Sale and Leaseback Transactions. The Company Guarantor will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property Property unless the Guarantor or asset unless:
(1) the Company or the such Restricted Subsidiary would be entitled to:
(Aa) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, 4.07; and
(Bb) create a Lien on such property Property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.10, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (Cosan Ltd.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1) Property unless the Company or the Restricted such Subsidiary would be entitled to:
(A) 4.11.1 Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, 4.8; and
(B) 4.11.2 create a Lien on such property or asset Property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.084.10, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (JBS USA Holdings, Inc.)
Limitation on Sale and Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale and Leaseback Transaction with respect to any property or asset unless:
(1a) the Company or the Restricted Subsidiary would be entitled to
(Ai) Incur Debt in an amount equal to the Attributable Debt with respect to such Sale and Leaseback Transaction pursuant to Section 4.06, and
(Bii) create a Lien on such property or asset securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08, in which case, the corresponding Debt and Lien will be deemed incurred Incurred pursuant to those provisions, and
(2b) the Company complies with Section 4.13 in respect of such transaction.
Appears in 1 contract
Samples: Indenture (NFC Castings Inc)