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/)
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
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
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
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
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
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
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
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
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
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
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
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
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
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)
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
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
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
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
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/)