Common use of Limitation on Sale and Leasebacks Clause in Contracts

Limitation on Sale and Leasebacks. The Company will not, and will not permit any of its Subsidiaries to, enter into any arrangement with any Person pursuant to which the Company or any of its Subsidiaries leases any property that has been or is to be sold or transferred by the Company or its Subsidiaries to such Person (a “Sale and Leaseback Transaction”), except that a Sale and Leaseback Transaction is permitted if the Company or such Subsidiary would be entitled to secure the property to be leased by a Lien (without equally and ratably securing the outstanding Securities) in an amount equal to the present value of the lease payments with respect to the term of the lease remaining on the date as of which the amount is being determined, discounted at the rate of interest set forth or implicit in the terms of the lease, compounded semi-annually (such amount is referred to as the “Attributable Debt”). In addition, the following Sale and Leaseback Transactions shall not be subject to the limitation above and shall not be included in calculating Attributable Debt for purposes of Section 1008: (1) temporary leases for a term, including renewals at the option of the lessee, of not more than three years; (2) leases between only the Company and a Subsidiary of the Company or only between the Company’s Subsidiaries; and (3) leases of property executed by the time of, or within 18 months after the latest of, the acquisition, the completion of construction or improvement, or the commencement of commercial operation of the property.

Limitation on Sale and Leasebacks. The (a) From and after the consummation of the Merger, the Company will not, and will not permit any of its Subsidiaries Company Subsidiary to, enter into any arrangement with any Person person pursuant to which the Company or any of its Subsidiaries Company Subsidiary leases any property that has been or is to be sold or transferred by the Company or its Subsidiaries the Company Subsidiary to such Person person (a “Sale and Leaseback Transaction”), except that a Sale sale and Leaseback Transaction leaseback transaction is permitted if the Company or such Company Subsidiary would be entitled to secure the property to be leased by a Lien (without equally and ratably securing the outstanding SecuritiesNotes) in an amount equal to the present value of the lease payments with respect to the term of the lease remaining on the date as of which the amount is being determined, without regard to any renewal or extension in the lease, discounted at the rate of interest set forth or implicit in the terms of the lease, compounded semi-annually (such amount is referred to as the “Attributable Debt”). In addition. (b) The foregoing restriction does not apply, with respect to any Person, to any of the following transactions (such transactions, “Permitted Sale and Leaseback Transactions shall not be subject to the limitation above and shall not be included in calculating Attributable Debt for purposes of Section 1008:Transactions”): (1i) temporary leases for a term, including renewals at the option of the lessee, of not more than three years; (2ii) leases between only the Company and a Company Subsidiary of the Company or only between the Company’s Company Subsidiaries; and (3iii) leases of property executed by the time of, or within 18 12 months after the latest of, the acquisition, the completion of construction or improvement, or the commencement of commercial operation of the property.

Limitation on Sale and Leasebacks. The Company will not, and will not permit any of its Subsidiaries to, enter into any arrangement with any Person pursuant to which the Company or any of its Subsidiaries leases any property that has been or is to be sold or transferred by the Company or its Subsidiaries to such Person (a “"Sale and Leaseback Transaction”"), except that a Sale and Leaseback Transaction is permitted if the Company or such Subsidiary would be entitled to secure the property to be leased by a Lien (without equally and ratably securing the outstanding Securities) in an amount equal to the present value of the lease payments with respect to the term of the lease remaining on the date as of which the amount is being determined, discounted at the rate of interest set forth or implicit in the terms of the lease, compounded semi-annually (such amount is referred to as the “"Attributable Debt”"). In addition, the following Sale and Leaseback Transactions shall not be subject to the limitation above and shall not be included in calculating Attributable Debt for purposes of Section 1008: (1) temporary leases for a term, including renewals at the option of the lessee, of not more than three years; (2) leases between only the Company and a Subsidiary of the Company or only between the Company’s 's Subsidiaries; and (3) leases of property executed by the time of, or within 18 months after the latest of, the acquisition, the completion of construction or improvement, or the commencement of commercial operation of the property.