Sale and Lease. Back Transactions with respect to any property owned by the Borrower or any Restricted Subsidiary, (a) in respect of any Sale and Lease-Back Transaction in respect of the Headquarters and (b) in respect of any other property of the Borrower, if at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of such lease would not exceed $150.0 million, provided, that in each case, the Net Cash Proceeds thereof are applied in accordance with Section 2.08(1).
Sale and Lease back Transactions 44 Section 6.04. Investments, Loans and Advances 44 Section 6.05. Mergers, Consolidations, Sales of Assets and Acquisitions 45 Section 6.06. Restricted Payments; Restrictive Agreements 46 Section 6.07. Transactions with Affiliates 47 Section 6.08. Business of the Borrower and Subsidiaries 47 Section 6.09. Other Indebtedness and Agreements 47 Section 6.10. Hedging Arrangements 47 Section 6.11. Capital Expenditures 48 Section 6.12. Minimum Liquidity 48 ARTICLE 7 Events of Default
Sale and Lease. Back Transactions with respect to any property owned by the Borrower or any Restricted Subsidiary, (a) in respect of any Sale and Lease-Back Transaction in respect of the Headquarters and (b) in respect of any other property of the Borrower, if at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of such lease would not exceed $150.0 million, provided that in each case the, the Net Cash Proceeds (as defined in the Term Loan Credit Agreement) are applied in accordance with the Term Loan Credit Agreement to the extent applicable.
Sale and Lease back Transactions 72 Section 6.04. Investments, Loans and Advances 72 Section 6.05. Mergers, Consolidations, Sales of Assets and Acquisitions 74 Section 6.06. Dividends and Distributions 76 Section 6.07. Transactions with Affiliates 77 Section 6.08. Limitation on Changes in Business 78
Sale and Lease. The Borrower shall not enter into any agreement providing for the leasing by the Borrower of property which has been or is to be sold or transferred by the Borrower to the lessor thereof, or which is substantially similar in purpose to property so sold.
Sale and Lease. Enter into any agreement providing for the leasing by the Borrower or any of its Subsidiaries of property which has been or is to be sold or transferred by the Borrower or any of its Subsidiaries to the lessor thereof, or which is substantially similar in purpose to property so sold.
Sale and Lease. Back Transactions (i) to the extent the proceeds thereof are used by the Issuer and the Restricted Subsidiaries to permanently repay outstanding Indebtedness of the Issuer or the Restricted Subsidiaries, (ii) with a term of not more than three years or (iii) incurred pursuant to Section 4.07(b)(4);
Sale and Lease back Transactions. Enter into any arrangement, directly or indirectly, with any Person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property being sold or transferred (a “Sale and Lease-Back Transaction”); provided, that a Sale and Lease-Back Transaction shall be permitted so long as at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of all outstanding leases permitted under this Section 6.03 (other than the IRB Lease Agreement), when aggregated with the Indebtedness referred to in Sections 6.01(h) and (i), does not exceed the greater of (A) U.S.$50.0 million and (B) 5.5% of Consolidated Total Assets; provided, further, that the IRB Transactions shall be permitted under this Section 6.03 to the extent constituting any Sale and Lease-Back Transaction, but solely to the extent that (1) prior to the sale or transfer of such property, all such property shall be subject to a first priority lien on and security interest in favor of the Collateral Agent and (2) the sale or transfer of such property shall be subject to the Liens created under the Loan Documents and such Liens shall continue in effect after such sale or transfer.”
Sale and Lease. Backs. Enter into any arrangement with any lender or investor or to which such lender or investor is a party providing for the leasing by the Company or any Subsidiary of real or personal property which has been or is to be sold or transferred by the Company or any Subsidiary to such lender or investor or to any person to whom funds have been or are to be advanced by such lender or investor on the security of such property or rental obligations of the Company or any Subsidiary.
Sale and Lease back Transactions. Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property which it intends to use for substantially the same purpose or purposes as the property being sold or transferred (a "Sale and Lease-Back Transaction"), unless, after giving effect to such Sale and Lease-Back Transaction, the aggregate amount of Priority Indebtedness shall not exceed $200,000,000, except that the Company or any Subsidiary may enter into Sale and Lease-Back Transactions without restriction if the equipment subject to such Sale and Lease-Back Transaction was purchased by the Company or any Subsidiary within six months of the date of such Sale and Leaseback Transaction; provided, however, that an agreement characterized by the parties thereto as a lease solely for income tax purposes and as to which such parties have elected to have the provisions of the former Section 168(f)(8) of the Internal Revenue Code of 1954 apply shall not be considered a Sale and Lease-Back Transaction.
