Common use of Limitations on Sale Leasebacks Clause in Contracts

Limitations on Sale Leasebacks. The Company will not, and will not permit any of the Subsidiaries to, enter into any arrangement, directly or indirectly, with any Person whereby the Company or such Subsidiary shall sell or transfer property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Company or any Subsidiary intends to use for substantially the same purpose or purposes as the property being sold or transferred, unless (a) such transaction is effected within 180 days of the property being placed in service by the Company or such Subsidiary and results in a lease obligation incurred or assumed for the purpose of financing all or any part of the cost of acquiring such property, (b) the Net Proceeds from any such transaction are used to prepay Loans under and in accordance with Section 2.10(c) or (c) after giving effect to any such sale or transfer, the aggregate fair market value of all property of the Company and its Subsidiaries so sold or transferred after the date hereof, and not permitted under clauses (a) or (b) above, does not exceed $75,000,000.

Appears in 2 contracts

Samples: Credit Facility Agreement (Albany International Corp /De/), Borrowing Subsidiary Agreement (Albany International Corp /De/)

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Limitations on Sale Leasebacks. The Company will not, and will not permit any of the Subsidiaries Subsidiary to, enter into any arrangement, directly or indirectly, with any Person whereby the Company or such a Subsidiary shall sell or transfer property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Company or any Subsidiary intends to use for substantially the same purpose or purposes as the property being sold or transferred, unless (a) such transaction is effected within 180 days of the property being placed in service by the Company or such Subsidiary and results in a lease obligation incurred or assumed for the purpose of financing all or any part of the cost of acquiring such property, (b) when applicable, the Net Proceeds (as defined in the Revolving Credit Agreement) from any such transaction are shall be used in such a manner as to prepay Loans under and in accordance comply with Section the provisions of (i) Sections 2.10(c) and 6.06(c) of the Revolving Credit Agreement (or any successor or equivalent provision) and (ii) Paragraph 4D of this Agreement, or (c) after giving effect to any such sale or transfer, the aggregate fair market value of all property of the Company and its Subsidiaries so sold or transferred after the date hereof, and not permitted under clauses (a) or (b) above, does not exceed $75,000,000.

Appears in 1 contract

Samples: Note Agreement (Albany International Corp /De/)

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Limitations on Sale Leasebacks. The Company will not, and will not permit any of the Subsidiaries Subsidiary to, enter into any arrangement, directly or indirectly, with any Person whereby the Company or such a Subsidiary shall sell or transfer property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Company or any Subsidiary intends to use for substantially the same purpose or purposes as the property being sold or transferred, unless (a) such transaction is effected within 180 days of the property being placed in service by the Company or such Subsidiary and results in a lease obligation incurred or assumed for the purpose of financing all or any part of the cost of acquiring such property, (b) when applicable, the Net Proceeds (as defined in the Revolving Credit Agreement) from any such transaction are shall be used in such a manner as to prepay Loans under and in accordance comply with the provisions of (i) Section 2.10(c) of the Revolving Credit Agreement (or any successor or equivalent provision) and (ii) Paragraphs 4D and 5E of this Agreement, or (c) after giving effect to any such sale or transfer, the aggregate fair market value of all property of the Company and its Subsidiaries so sold or transferred after the date hereof, and not permitted under clauses (a) or (b) above, does not exceed $75,000,000.

Appears in 1 contract

Samples: Note Agreement and Guaranty (Albany International Corp /De/)

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