Common use of Limitations on Sale and Leaseback Transactions Clause in Contracts

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer or such Restricted Subsidiary could have (1) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 and (2) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.09; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.10.

Limitations on Sale and Leaseback Transactions. The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 of this Indenture and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.14 of this Indenture; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.12 of this Indenture.

Limitations on Sale and Leaseback Transactions. (a) The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary Subsidiary, as applicable, could have (1x) incurred Indebtedness in an amount equal to the Indebtedness attributable Attributable Debt relating to such Sale and Leaseback Transaction pursuant to under Section 4.07 4.10 hereof and (2y) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to under Section 4.09; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction4.13 hereof; and (c2) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable such Restricted Subsidiary applies the proceeds of such transaction in accordance compliance with, Section 4.104.11 hereof.

Limitations on Sale and Leaseback Transactions. The Issuer will Parent shall not, and will shall not permit any Restricted Subsidiary (including the Issuer) to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Parent or any Restricted Subsidiary (including the Issuer) may enter into a Sale and Leaseback Transaction if: (a1) the Issuer Parent or such Restricted Subsidiary (including the Issuer) could have (1a) incurred the Indebtedness in the amount of the Attributable Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.11; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.09.

Limitations on Sale and Leaseback Transactions. (a) The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer Company or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.9 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of consideration received in connection with such Sale and Leaseback Transaction are is at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.10.

Limitations on Sale and Leaseback Transactions. The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer Company or such Restricted Subsidiary could have (1a) incurred the Attributable Indebtedness attributable relating to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.13; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.15.

Limitations on Sale and Leaseback Transactions. The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer Company or such Restricted Subsidiary could have (1i) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.09 hereof and (2ii) incurred a Lien to secure such Indebtedness without being required to equally and ratably securing secure the Notes pursuant to Section 4.094.12 hereof; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance withwith Section 3.08 or Section 4.10 hereof, Section 4.10as applicable.

Limitations on Sale and Leaseback Transactions. The Issuer and the Co-Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer, the Co-Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer, the Co-Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness in an amount equal to the Attributable Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) incurred a Lien to secure such Attributable Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer, the Co-Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.13.

Limitations on Sale and Leaseback Transactions. The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer Company or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.09 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 3.08 and Section 4.10.

Limitations on Sale and Leaseback Transactions. The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer or such Restricted Subsidiary could have (1A) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 hereof and (2B) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.14 hereof; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and and, to the extent applicable, the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.104.12 hereof.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) such Sale and Leaseback Transaction involves a lease for a term of not more than three years; (2) such Sale and Leaseback Transaction is between the Issuer and one of its Restricted Subsidiaries or between any of the Issuer’s Restricted Subsidiaries; (3) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.09; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.10.to

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.13.

Limitations on Sale and Leaseback Transactions. The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.09; (b) 4.10 or the gross cash proceeds of such lease in the Sale and Leaseback Transaction are at least equal to is not a capital lease and the Fair Market Value of aggregate proceeds from such arrangements since the asset that is the subject of such Sale and Leaseback TransactionExisting Notes Issue Date do not exceed $100.0 million; and (c2) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.104.08.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (1) (a) the Issuer or such Restricted Subsidiary could have (1) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) the Issuer or such Restricted Subsidiary could have incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, by Section 4.104.13.

Limitations on Sale and Leaseback Transactions. The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.06 and (2b) incurred a Table of Contents -58- Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.11; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.09.

Limitations on Sale and Leaseback Transactions. The Issuer will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.09; (b) 4.10 or the gross cash proceeds of such lease in the Sale and Leaseback Transaction are at least equal to is not a capital lease and the Fair Market Value of aggregate proceeds from such arrangements since the asset that is the subject of such Sale and Leaseback TransactionIssue Date do not exceed $100.0 million; and (c2) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.104.08.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to the covenant described under Section 4.07 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.11; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.09.

Limitations on Sale and Leaseback Transactions. The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer Company or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.09 and (2b) incurred granted a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b) the gross cash proceeds of consideration received in connection with such Sale and Leaseback Transaction are is at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.10.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.15; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.104.16.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 SECTION 4.06 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.09SECTION 4.11; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.10SECTION 4.09.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.11 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.16; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.104.17.

Limitations on Sale and Leaseback Transactions. The Issuer will Borrower shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer Borrower or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer Borrower or such Restricted Subsidiary could have (1i) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 6.5 and (2ii) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes Loan pursuant to Section 4.096.10; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Borrower or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, Section 4.106.8.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, provided that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a1) the Issuer or such Restricted Subsidiary could have (1a) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.10 and (2b) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.12; (b2) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c3) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, by Section 4.104.13.

Limitations on Sale and Leaseback Transactions. The Issuer Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; provided, however, that the Issuer Company or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer Company or such Restricted Subsidiary could have (1i) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.09 hereof and (2ii) incurred a Lien to secure such Indebtedness without being required to equally and ratably securing secure the Notes pursuant to Section 4.094.12 hereof; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer Company or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.104.10 hereof.

Limitations on Sale and Leaseback Transactions. The Issuer will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into any Sale and Leaseback Transaction; providedPROVIDED, howeverHOWEVER, that the Issuer or any Restricted Subsidiary may enter into a Sale and Leaseback Transaction if: (a) the Issuer or such Restricted Subsidiary could have (1) incurred the Indebtedness attributable to such Sale and Leaseback Transaction pursuant to Section 4.07 4.08 and (2) incurred a Lien to secure such Indebtedness without equally and ratably securing the Notes pursuant to Section 4.094.10; (b) the gross cash proceeds of such Sale and Leaseback Transaction are at least equal to the Fair Market Value of the asset that is the subject of such Sale and Leaseback Transaction; and (c) the transfer of assets in such Sale and Leaseback Transaction is permitted by, and the Issuer or the applicable Restricted Subsidiary applies the proceeds of such transaction in accordance with, with Section 4.10.4.11. ARTICLE FIVE