Common use of Restriction on Leases Clause in Contracts

Restriction on Leases. Lessee shall not, and shall not permit any of its Subsidiaries to, become liable in any way, whether directly or by assignment or as a guarantor or other surety, for the obligations of the lessee under any lease, whether an Operating Lease or a Capital Lease (other than intercompany leases between Lessee and its wholly-owned Subsidiaries, including Lessor); provided, however, that Lessee may become so obligated to the extent that, and only to the extent that, immediately after giving effect to the incurrence of liability with respect to such lease, the Consolidated Rental Payments at the time in effect during the then current fiscal year do not exceed $60 million plus an amount not to exceed $12 million during any fiscal year, equal to Consolidated Rental Payments incurred in connection with sale leaseback transactions described in subsection 7(j) plus Consolidated Rental Payments assumed pursuant to acquisitions permitted under subsection 7(g)(5).

Restriction on Leases. Lessee shall not, and shall not permit any of its Subsidiaries to, become liable in any way, whether directly or by assignment or as a guarantor or other surety, for the obligations of the lessee under any lease, whether an Operating Lease or a Capital Lease (other than intercompany leases between Lessee Lesse and its wholly-owned Subsidiaries, including Lessor); provided, however, that Lessee may become so obligated to the extent that, and only to the extent that, immediately after giving effect to the incurrence of liability with -45- 50 respect to such lease, the Consolidated Rental Payments at the time in effect during the then current fiscal year do not exceed $60 million plus an amount not to exceed $12 million during any fiscal year, equal to Consolidated Rental Payments incurred in connection with sale leaseback transactions described in subsection 7(j) plus Consolidated Rental Payments assumed pursuant to acquisitions permitted under subsection 7(g)(5).