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, except that the Company or any Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii) of this Indenture; (ii) 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 (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, Section 4.11 of this Indenture.

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary Group Member to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (1) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it Group Member would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenturecreate a Lien on such property securing such Attributable Debt without equally and ratably securing the Securities pursuant to Section 4.10; (ii2) the net proceeds received by the Company or any Restricted Subsidiary Group Member in connection with such Sale/Leaseback Transaction are at least equal to the Fair Market Value of such property; and (iii3) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.06.

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to to, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (i) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenture; create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.11, (ii) 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 fair market value of such property; and property and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, Section 4.11 of this Indenture4.06.

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to to, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (1) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenturecreate a Lien on such property securing such Attributable Debt without equally and ratably securing the Securities pursuant to Section 4.11; (ii2) 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 fair value (as determined by the Board of Directors) of such property; and (iii3) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.06.

Limitation on Sale/Leaseback Transactions. The Company will Guarantor shall not, and will shall not permit any Restricted Subsidiary to to, enter into any Sale/Leaseback Transaction with respect to any property, except that the Company or any Restricted Subsidiary may enter into a Sale/Leaseback transaction if: property unless (i) it the Guarantor or such Restricted Subsidiary would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenture; create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.10, (ii) the net proceeds received by the Company Guarantor or any Restricted Subsidiary in connection with such Sale/Leaseback Transaction are at least equal to the Fair Market Value of such property; and property and (iii) the transfer of such property is permitted byGuarantor or the Company, and as the Company or any Restricted Subsidiary case may be, applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.09.

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to to, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless (i) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenture; create a Lien on such property securing such Attributable Debt without equally and ratably securing the Securities or the applicable Subsidiary Guaranty pursuant to Section 4.10, (ii) 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 fair value (as determined by the Board of Directors) of such property; and property and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.06.

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, except that the Company or any Restricted Subsidiary may enter into a Sale/Leaseback transaction ifProperty unless: (i) it the Company or such Restricted Subsidiary would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.06 and (B) of this Indenturecreate a Lien on such Property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08; (ii) 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 propertyProperty (or at least 90% of such Fair Market Value in the case of a Sale/Leaseback Transaction of a Model Home Unit); and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.10.

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any Restricted Subsidiary to to, directly or indirectly, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (1) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(viiparagraph (a) of this IndentureSection 4.07 and (B) create a Lien on such property securing such Attributable Debt pursuant to Section 4.12; (ii2) 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 Market Value fair market value (as determined by the Board of Directors of the Company) of such property; and (iii3) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, Section 4.11 of this Indenture4.10.

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, except that the Company or any Restricted Subsidiary may enter into a Sale/Leaseback transaction ifProperty unless: (i) it the Company or such Restricted Subsidiary would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.06 and (B) of this Indenturecreate a Lien on such Property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.08; (ii) 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 propertyProperty (or at least 90% of such Fair Market Value in the case of a Sale/Leaseback Transaction of a model house); and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.10.

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any of its Restricted Subsidiary to Subsidiaries to, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (1) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.13 and (B) of this Indenturecreate a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes pursuant to Section 4.17; (ii2) 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 fair value (as determined by the Board of Directors) of such property; and (iii3) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.15.

Limitation on Sale/Leaseback Transactions. The Company will not, and will not permit any of its Restricted Subsidiary to Subsidiaries to, enter into any Sale/Leaseback Transaction with respect to any property, except that property unless (i) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to Section 4.03(a)(vii4.03 and (B) of this Indenture; create a Lien on such property securing such Attributable Debt without equally and ratably securing the Securities pursuant to Section 4.09, (ii) 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 fair value (as determined by the Board of Directors) of such property; and property and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, with Section 4.11 of this Indenture4.06.

Limitation on Sale/Leaseback Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, enter into, Guarantee or otherwise become liable with respect to enter into any Sale/Leaseback Transaction with respect to any property, except that property unless: (i) the Company or any such Restricted Subsidiary may enter into a Sale/Leaseback transaction if: (i) it would be entitled to (A) Incur Indebtedness in an amount equal to the Attributable Debt with respect to such Sale/Leaseback Transaction pursuant to under Section 4.03(a)(vii4.12 and (B) of this Indenture; create a Lien on such property securing such Attributable Debt without equally and ratably securing the Notes under Section 4.18; (ii) 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 fair value (as determined by the Board of Directors) of such property; and and (iii) the transfer of such property is permitted by, and the Company or any Restricted Subsidiary applies the proceeds of such transaction in compliance with, to the extent required by Section 4.11 of this Indenture4.15.