Common use of New Leases Clause in Contracts

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 7-7 and 7-8. Each Borrower will not, and will not permit any Subsidiary to, enter into any new lease (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into in any fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year after the Closing Date; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Agents, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Agents on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 7-7 and 7-8. Each Borrower will not, and will not permit any Subsidiary to, enter into any new lease (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 Maturity Date under all such leases entered into then in any fiscal year after the Closing Date effect shall exceed $2,000,000 in the aggregate in such any fiscal year after the Closing Date; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Agents, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Agents on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 7-7 and 7-810. Each Borrower will notFrom and after the Closing Date, none of the Borrowers will, and none of the Borrowers will not permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into in any during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year after the Closing Dateyear; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the AgentsAdministrative Agent, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Agents Administrative Agent on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 76-7 and 76-810. Each Borrower will notFrom and after the Closing Date, none of the Borrowers will, and none of the Borrowers will not permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into in any during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year after the Closing Dateyear; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's ’s customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the AgentsAdministrative Agent, the Lead Borrower will obtain a landlord's ’s waiver reasonably acceptable to the Agents Administrative Agent on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 75-7 and 75-810. Each Borrower will notFrom and after the Closing Date, none of the Borrowers will, and none of the Borrowers will not permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into in any during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year after the Closing Dateyear; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the AgentsAdministrative Agent, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Agents Administrative Agent on any existing or new leased location occupied by any Borrower.