Common use of Limitation on Sale/Leaseback Transactions Clause in Contracts

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Subsidiary would be entitled to (1) incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, (b) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.06.

Appears in 2 contracts

Samples: Indenture (Phillips Van Heusen Corp /De/), Indenture (Phillips Van Heusen Corp /De/)

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Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a) the Company or such Restricted Subsidiary would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.09; (b) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined in good faith by the Board of DirectorsDirectors or by any Senior Officer of the Company if such fair market value is less than $5.0 million) of such property and property; and (c) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (Shaw Group Inc), Indenture (Shaw Group Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to to: (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 4.03 and (2B) create a Lien on such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.09; (b2) the net gross proceeds received by payable to the Company or any such Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value Fair Market Value of such property; and (as determined by 3) the Board of Directors) transfer of such property and (c) is permitted by, and, if applicable, the Company applies the proceeds of such transaction in compliance with with, Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Sale/ Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.09; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (Petroquest Energy Inc)

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a) the Company or such Subsidiary would be entitled to (1A) incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction Transaction, pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.10; (b) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and property; and (c) the Company applies the proceeds of such transaction Sale/Leaseback Transaction in compliance with Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (Especialty Brands LLC), Indenture (Mothers Work Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.09; (b2) the net gross proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (Healthsouth Corp), Indenture (Healthsouth Corp)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be (A) in compliance with Sections 10.11 or 10.18 immediately after giving effect to such Sale/Leaseback Transaction and (B) entitled to (1) incur Indebtedness in an amount equal to create a Lien on such property securing the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.0910.16, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of DirectorsDirectors of the Company) of such property and (ciii) the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 5.0610.15.

Appears in 2 contracts

Samples: Indenture (Spincycle Inc), Indenture (Spincycle Inc)

Limitation on Sale/Leaseback Transactions. (a) The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.10; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06, to the extent applicable.

Appears in 2 contracts

Samples: Indenture (Rotech Healthcare Inc), Indenture (Rotech Healthcare Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Restricted Subsidiary would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (b) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 2 contracts

Samples: Indenture (PrimeWood, Inc.), Indenture (Jacuzzi Brands Inc)

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.06 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.08; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of DirectorsDirectors of the Company) of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.10.

Appears in 1 contract

Samples: Indenture (3019693 Nova Scotia U.L.C.)

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 4.06, and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.08; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Sale/ Leaseback Transaction are at least equal to the fair value (as determined by the Board of DirectorsDirectors of the Company) of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.14.

Appears in 1 contract

Samples: Indenture (Kennedy-Wilson Holdings, Inc.)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 or Section 4.04 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.07.

Appears in 1 contract

Samples: Indenture (Millenium Seacarriers Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Northeast Optic Network Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.09, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Hallandale Commercial Corp.)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Sale/ Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.09; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Petroquest Energy Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the senior management of the Company or, in the case of a Sale/Leaseback Transaction in excess of $5.0 million, by the Board of DirectorsDirectors of the Company) of such property and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Hyster Overseas Capital Corp LLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.10; (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and property; and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Budget Group Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Restricted Subsidiary would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (b) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Columbus McKinnon Corp)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Sale/ Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Sale/ Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Sale/ Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Northeast Optic Network Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Subsidiary would be entitled to (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2ii) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.03, (b) the net cash proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined in good faith by the Board of Directors) of such property and (c) the transfer of such property is permitted by, and the Company applies the proceeds of such transaction in compliance with with, Section 5.06.4.06. 70 62

Appears in 1 contract

Samples: Indenture (Richmont Marketing Specialists Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.09; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (PetroQuest Energy, L.L.C.)

Limitation on Sale/Leaseback Transactions. The Company will Borrower shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a) the Company Borrower or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 6.01 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 6.08; (b) the net proceeds received by the Company Borrower or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property property; and (c) the Company Borrower applies the proceeds of such transaction in compliance with Section 5.062.07.

Appears in 1 contract

Samples: Term Credit Agreement (Sirius Satellite Radio Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 1010 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the 8% Notes pursuant to Section 5.091017, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.061014.

Appears in 1 contract

Samples: First Supplemental Indenture (Wyman Gordon Co)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.09, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Up Offshore (Holdings) Ltd.)

Limitation on Sale/Leaseback Transactions. The Company will Borrower shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company Borrower or such Restricted Subsidiary would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 6.01 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Loans pursuant to Section 5.096.08, (b) the net proceeds received by the Company Borrower or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property and (c) the Company Borrower applies the proceeds of such transaction in compliance with Section 5.066.05.

Appears in 1 contract

Samples: Credit Agreement (Alon USA Energy, Inc.)

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, to enter into any Sale/Leaseback Transaction with respect to any property unless (a) property, except that the Company or such any Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 4.03(a)(vii) of this Indenture; (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value of such property; and (as determined by iii) the Board of Directors) transfer of such property is permitted by, and (c) the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with with, Section 5.064.11 of this Indenture.

Appears in 1 contract

Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Restricted Subsidiary would be entitled to (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2ii) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (b) the net cash proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.06.the

Appears in 1 contract

Samples: Indenture (SFG Capital Corp)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.06.and

Appears in 1 contract

Samples: Indenture (American Pacific Corp)

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (ai) the Company or such Restricted Subsidiary would be entitled to (1) incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 1010; (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property property; and (ciii) the transfer of such property is permitted by, and the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with with, the covenant described under Section 5.061017. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Rent a Center Inc De)

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Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.094.10, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Concorde Gas Marketing Inc)

Limitation on Sale/Leaseback Transactions. The Company will Parent shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company Parent or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (bii) the net proceeds received by the Company Parent or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company Parent applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Octel Developments PLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the transfer of such property is permitted by, and the Company applies the proceeds of such transaction in compliance with with, Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Premier Parks Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to to: (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 4.03 and (2B) create a Lien on such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.09; (b2) the net gross proceeds payable to received by the Company or any such Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value Fair Market Value of such property; and (as determined by 3) the Board of Directors) transfer of such property and (c) is permitted by, and, if applicable, the Company applies the proceeds of such transaction in compliance with with, Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.11; (b2) the net proceeds Net Cash Proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (EnergySolutions, Inc.)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.10; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Citgo Petroleum Corp)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Restricted Subsidiary would be entitled to (1) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (b) the net gross cash proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and (c) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Tyson Foods Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Subsidiary would be entitled to (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2ii) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.11, (b) the net cash proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined in good faith by the Board of Directors) of such property and (c) the transfer of such property is permitted by, and the Company applies the proceeds of such transaction in compliance with with, Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Texon International PLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Restricted Subsidiary would be entitled to (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2ii) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.14, (b) the net proceeds received by the Company or any such Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined in good faith by the Board of Directors) of such property and (c) the transfer of such property is permitted by, and the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Splitrock Services Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be (A) in compliance with Section 4.3 immediately after giving effect to such Sale/Leaseback Transaction and (B) entitled to (1) incur Indebtedness in an amount equal to create a Lien on such property securing the Attributable Debt with respect to such Sale/Leaseback Transaction without securing the Securities pursuant to Section 5.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.094.11, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of DirectorsDirectors of the Company) of such property and (ciii) the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 5.064.6.

Appears in 1 contract

Samples: Indenture (Bekins Co /New/)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to to: (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and 4.03; and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.11, (b2) the net proceeds received by the Company or any such Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and (3) the transfer of such property is permitted by, and (c) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Roto-Rooter Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property property, other than a Sale/Leaseback Transaction between the Company and any Restricted Subsidiary, unless (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (b2) the net gross proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Enodis PLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.10, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined in good faith by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Mediq Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be (A) in compliance with Section 4.3 immediately after giving effect to such Sale/Leaseback Transaction and (B) entitled to (1) incur Indebtedness in an amount equal to create a Lien on such property securing the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and (2) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.094.11, (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of DirectorsDirectors of the Company) of such property and (ciii) the Company or such Restricted Subsidiary applies the proceeds of such transaction in compliance with Section 5.064.6.

Appears in 1 contract

Samples: Indenture (Chiles Magellan LLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any of its Restricted Subsidiary Subsidiaries to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Restricted Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.13 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.17; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined by the Board of Directors) of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.15.

Appears in 1 contract

Samples: Indenture (Nm Licensing LLC)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (a) the Company or such Subsidiary would be entitled to (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.03 and (2ii) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes Securities pursuant to Section 5.094.03, (b) the net cash proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined in good faith by the Board of Directors) of such property and (c) the transfer of such property is permitted by, and the Company applies the proceeds of such transaction in compliance with with, Section 5.064.06.

Appears in 1 contract

Samples: Indenture (Ta Operating Corp)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a1) the Company or such Subsidiary would be entitled to (1A) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 4.09 and (2B) create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 5.09, 4.12; (b2) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair market value (as determined in good faith by the Board of Directors) of such property and property; and (c3) the Company applies the proceeds of such transaction in compliance with Section 5.064.10.

Appears in 1 contract

Samples: Indenture (Pf Net Communications Inc)

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not cause or permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless (ai) the Company or such Restricted Subsidiary would be entitled to (1A) incur Indebtedness in an amount equal to the Attributable Debt Indebtedness with respect to such Sale/Leaseback Transaction pursuant to clause (i) of Section 5.03 4.9 and (2B) create a Lien on such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes Securities pursuant to Section 5.09, 4.13 and (bii) the net proceeds received by the Company or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) of such property and (ciii) the Company applies the proceeds of such transaction in compliance with Section 5.064.

Appears in 1 contract

Samples: Indenture (Navistar International Corp /De/New)

Limitation on Sale/Leaseback Transactions. The Company will Borrower shall not, and will shall not permit any Restricted Subsidiary to, enter into any Sale/Leaseback Transaction with respect to any property unless unless: (a) the Company Borrower or such Restricted Subsidiary would be entitled to to: (1i) incur Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 5.03 and and (2ii) create a Lien on such property securing such Attributable Debt Indebtedness without equally and ratably securing the Notes Loans pursuant to Section 5.09, ; (b) the net gross proceeds payable to received by the Company Borrower or any such Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the fair value (as determined by the Board of Directors) Fair Market Value of such property and property; and (c) the Company transfer of such property is permitted by, and, if applicable, the Borrower applies the proceeds of such transaction in compliance with with, Section 5.06.

Appears in 1 contract

Samples: Third Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

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