Operating Leases; Sale/Leasebacks. (a) Neither Holdings nor the Borrower shall, and neither shall permit any of its Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless that aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $18,000,000 in any Fiscal Year.
(b) Neither Holdings nor the Borrower shall, and neither shall permit any of its Subsidiaries to, enter into any sale and leaseback transaction if, after giving effect to such sale and leaseback transaction, the aggregate Fair Market Value of all properties covered by sale and leaseback transactions would exceed $2,000,000.
Operating Leases; Sale/Leasebacks. (a) Except as disclosed on Schedule 8.1, neither the Borrower nor any of its Subsidiaries (other than Excluded Foreign Subsidiaries) shall become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the Dollar Equivalent of the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $5,000,000 in any Fiscal Year.
(b) Except as disclosed on Schedule 8.1, neither the Borrower nor any of its Subsidiaries (other than Excluded Foreign Subsidiaries) shall enter into any Sale and Leaseback Transaction if, after giving effect to such sale and leaseback transaction, the Dollar Equivalent of the aggregate Fair Market Value of all properties covered by sale and leaseback transactions would exceed $5,000,000.
Operating Leases; Sale/Leasebacks. (a) Terra will not, and will not permit any of its Material Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless (i) the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $10,000,000 in any Fiscal Year or (ii) in respect of, or in replacement (upon substantially equivalent terms) of, operating leases existing at the date of this Agreement and disclosed in the consolidated financial statements (including the footnotes thereto) of Terra and its Subsidiaries for the Fiscal Year ended December 31, 2003.
(b) Terra will not, and will not permit any of its Material Subsidiaries to, enter into any sale and leaseback transaction.
Operating Leases; Sale/Leasebacks. (a) The Company shall not, and shall not permit any of its Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $100,000,000 in any Fiscal Year.
(b) The Company shall not, and shall not permit any of its Subsidiaries to, enter into any sale and leaseback transaction if, after giving effect to such sale and leaseback transaction, the aggregate Fair Market Value of all properties covered by sale and leaseback transactions would exceed $150,000,000.
Operating Leases; Sale/Leasebacks. (a) None of the Borrowers shall, nor shall they permit any of their respective Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the Dollar Equivalent of the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $25,000,000 in any Fiscal Year.
(b) None of the Borrowers shall, nor shall they permit any of their respective Subsidiaries to, enter into any sale and leaseback transaction if, after giving effect to such sale and leaseback transaction, (i) in the case of NKL, the Dollar Equivalent of the aggregate Fair Market Value of all properties covered by sale and leaseback transactions entered into by NKL would exceed $200,000,000 and (ii) in the case of the Company or any other Subsidiary of the Company, the Dollar Equivalent of the aggregate Fair Market Value of all properties covered by sale and leaseback transactions entered into by all such Persons would exceed $100,000,000.
Operating Leases; Sale/Leasebacks. (a) Terra Industries will not, and will not permit any of its Material Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease (other than in connection with the Permitted Sale Leaseback Transaction), unless (i) the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $5,000,000 in any Fiscal Year or (ii) in respect of, or in replacement (upon substantially equivalent terms) of, operating leases existing at the date of this Agreement and disclosed in the consolidated financial statements (including the footnotes thereto) of Terra Industries and its Subsidiaries for the Fiscal Year ended December 31, 1999.
(b) Except for the Permitted Sale Leaseback Transaction, Terra Industries will not, and will not permit any of its Material Subsidiaries to, enter into any sale and leaseback transaction.
Operating Leases; Sale/Leasebacks. (a) Such Loan Party shall not, and shall not permit any of its Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the Dollar Equivalent of the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $1,000,000 in any Fiscal Year.
(b) Such Loan Party shall not, and shall not permit any of its Subsidiaries to, enter into any Sale/Leaseback Transaction.
Operating Leases; Sale/Leasebacks. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any sale and leaseback transaction other than with respect to broadcasting towers with an aggregate Fair Market Value not in excess of $40,000,000.
Operating Leases; Sale/Leasebacks. (a) The U.S. Borrower shall not, and shall not permit any of its Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $50,000,000 in any Fiscal Year.
Operating Leases; Sale/Leasebacks. (a) The Borrower shall not, and shall not permit any of its Subsidiaries to, become or remain liable as lessee or guarantor or other surety with respect to any operating lease, unless the Dollar Equivalent of the aggregate amount of all rents paid or accrued under all such operating leases shall not exceed $30,000,000 in any Fiscal Year.
(b) The Borrower shall not, and shall not permit any of its Subsidiaries to, enter into any sale and leaseback transaction if, after giving effect to such sale and leaseback transaction, the Dollar Equivalent of the aggregate Fair Market Value of all properties covered by sale and leaseback transactions would exceed $15,000,000.
