Common use of Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities Clause in Contracts

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower permit any of its Restricted Subsidiaries to, enter into or suffer to exist any (i) sale and leaseback transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22.

Appears in 2 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas, LP)

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Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.11(v).

Appears in 2 contracts

Samples: Credit Agreement (Xeta Technologies Inc), Credit Agreement (Xeta Corp)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) Sale and Leaseback Transaction (other than the sale and leaseback transaction of the Borrower’s facility at 00000 X. Xxx Xxxxxx, Xxxxx, Xxxxxxxx under terms acceptable to the Administrative Agent) or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging obligations under Swap Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22in this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower permit any of its Restricted Subsidiaries to, enter into or suffer to exist any (ia) sale and leaseback transaction or (iib) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xi) Hedging Agreements Hedge Transactions to the extent permitted under the terms of Section 7.3(d) 9.18 and (yii) Advance Payment Contracts to the extent permitted under the terms of Section 7.229.17.

Appears in 2 contracts

Samples: Fifth Amended and Restated Credit Agreement (Vital Energy, Inc.), Credit Agreement (Comstock Resources Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent permitted under the terms of Section 7.3(d) Permitted Sale and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22Leaseback Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Insurance Auto Auctions Inc /Ca), Credit Agreement (Insurance Auto Auctions Inc /Ca)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d6.11(iii) and (y) Advance Payment Contracts to the extent or a transaction permitted under the terms of Section 7.226.13(iii).

Appears in 2 contracts

Samples: Credit Agreement (Centex Construction Products Inc), Credit Agreement (Centex Construction Products Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Rate Management Obligation, (ii) Sale and leaseback transaction Leaseback Transaction or (iiiii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent Rate Management Obligations permitted under the terms of by Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.25.

Appears in 2 contracts

Samples: Credit Agreement (Barry R G Corp /Oh/), Credit Agreement (Barry R G Corp /Oh/)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (ia) sale Sale and leaseback transaction Leaseback Transaction or (iib) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xi) Hedging Agreements the transaction described in the Disclosure Schedule, and (ii) Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.227.11.

Appears in 2 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Swap Agreements to the extent permitted under the terms of Section 7.3(d) 6.06 and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.11.

Appears in 2 contracts

Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit Parent or any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction, other than Permitted Indebtedness or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22other than Permitted Indebtedness.

Appears in 2 contracts

Samples: Credit Agreement (Clark/Bardes Holdings Inc), Credit Agreement (Clark/Bardes Holdings Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent Rate Management Obligations having a Net Xxxx-to-Market Exposure not exceeding $15,000,000 or a transaction permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.11(iii).

Appears in 1 contract

Samples: Credit Agreement (Centex Construction Products Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Each Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.21.

Appears in 1 contract

Samples: Credit Agreement (MPW Industrial Services Group Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Each Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent Rate Management Obligations under Rate Management Transactions permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted 6.11 or required under the terms of Section 7.226.20.

Appears in 1 contract

Samples: Credit Agreement (MPW Industrial Services Group Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction, or (ii) any other transaction pursuant to which it incurs or has incurred Off-Off- Balance Sheet Liabilities, except for (x) Hedging Agreements to Liabilities without the extent permitted under the terms prior written consent of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Ennis Business Forms Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit Parent or any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction, other than Permitted Indebtedness, or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xa) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (yb) Advance Payment Contracts to the extent permitted under the terms of Section 7.22Permitted Indebtedness.

Appears in 1 contract

Samples: Credit Agreement (Clark Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22.

Appears in 1 contract

Samples: Loan Agreement (Equity Oil Co)

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Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction other than Permitted Sale and Leaseback Transactions or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Related Rate Hedging Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22Obligations.

Appears in 1 contract

Samples: Credit Agreement (American Plumbing & Mechanical Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements to the extent Liabilities other than any Advance Payment Contract permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.02.

Appears in 1 contract

Samples: Credit Agreement (Lilis Energy, Inc.)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.227.11.

Appears in 1 contract

Samples: Credit Agreement (Cimarex Energy Co)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xa) Hedging Agreements to the extent Rate Management Obligations permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22in this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Matrix Service Co)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will Neither the Borrower permit nor any of its Restricted Subsidiaries to, Subsidiary will enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xi) Hedging Agreements Non-Recourse Indebtedness permitted to the extent permitted be incurred under the terms of Section 7.3(d) 6.13; and (yii) Advance Payment Contracts Rate Management Transactions permitted to the extent permitted be incurred under the terms of Section 7.226.25.

Appears in 1 contract

Samples: Credit Agreement (Petroquest Energy Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xa) Hedging Agreements Rate Management Obligations permitted to the extent permitted be incurred under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.226.21.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Hedging Interest Rate Agreements permitted to the extent permitted be incurred under the terms of Section 7.3(d7.2(K) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22hereof.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will Neither the Borrower permit nor any of its Restricted Subsidiaries to, Subsidiary will enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (xi) Hedging Agreements Non-Recourse Indebtedness permitted to the extent permitted be incurred under the terms of Section 7.3(d) 6.11; and (yii) Advance Payment Contracts Rate Management Transactions permitted to the extent permitted be incurred under the terms of Section 7.226.23.

Appears in 1 contract

Samples: Credit Agreement (Petroquest Energy Inc)

Sale and Leaseback Transactions and other Off-Balance Sheet Liabilities. The Borrower will not, nor will the Borrower it permit any of its Restricted Subsidiaries Subsidiary to, enter into or suffer to exist any (i) sale Sale and leaseback transaction Leaseback Transaction or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Related Rate Hedging Agreements to the extent permitted under the terms of Section 7.3(d) and (y) Advance Payment Contracts to the extent permitted under the terms of Section 7.22Obligations.

Appears in 1 contract

Samples: Credit Agreement (Miller Mechanical Contractors Inc)

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