Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 38 contracts
Samples: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (CSG Systems International Inc), Credit Agreement (Regency Energy Partners LP)
Sale and Leaseback 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 Leaseback Transaction”"SALE AND LEASEBACK TRANSACTION") unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 11 contracts
Samples: Second Lien Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 6.04 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 9 contracts
Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Sale and Leaseback 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 that it intends to use for substantially the same purpose or purposes as the property being sold or transferred (a “Sale and Leaseback Transaction”) transferred, except such transactions among Loan Parties, unless (i) the sale of such property is permitted by Section 6.06 6.04 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 8 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 7.05 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.027.01.
Appears in 8 contracts
Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 6.06, (ii) the Attributable Indebtedness is permitted by Section 6.01 and (iiiii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 7 contracts
Samples: Loan Agreement, Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person Person whereby it shall sell or transfer any propertyProperty, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property Property or other property Property which it intends to use for substantially the same purpose or purposes as the property Property being sold or transferred (a “Sale and Leaseback Transaction”) unless (i) the sale of such property Property is permitted by Section 6.06 6.05 and (ii) any Liens arising in connection with its use of such property Property are permitted by Section 6.02.
Appears in 6 contracts
Samples: Control Agreement (Bearingpoint Inc), Term Loan Credit Agreement (Lenox Group Inc), Revolving Credit Agreement (Lenox Group Inc)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 5 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (Merge Healthcare Inc)
Sale and Leaseback 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 Leaseback Transaction”) (other than a Permitted Sale and Leaseback Transaction) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 5 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 8.04 and (ii) any capital lease obligations or Liens arising in connection with its use of such property therewith are permitted by Section 6.02Sections 8.02 and 8.01, respectively.
Appears in 5 contracts
Samples: Credit Agreement (Platform Specialty Products Corp), Credit Agreement (Platform Specialty Products Corp), Credit Agreement (Platform Specialty Products Corp)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 subsection 7.6 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02subsection 7.2.
Appears in 4 contracts
Samples: Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (IntraLinks Holdings, Inc.), Assignment and Assumption (IntraLinks Holdings, Inc.)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising Attributable Indebtedness in connection with its use respect of such property are Sale and Leaseback Transaction permitted by Section 6.026.01.
Appears in 4 contracts
Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp), Credit Agreement (Rovi Corp)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 4 contracts
Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)
Sale and Leaseback 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 Leaseback Transaction”) unless (ia) the sale or transfer of such property is permitted by Section 6.06 6.05 and (iib) any Capital Lease Obligations or Liens arising in connection with its use of such property therewith are permitted by Section Sections 6.01 and 6.02, as the case may be.
Appears in 3 contracts
Samples: Credit Agreement (Alpharma Inc), Credit Agreement (King Pharmaceuticals Inc), Term Loan Credit Agreement (King Pharmaceuticals Inc)
Sale and Leaseback 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 substantially contemporaneously therewith 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Attributable Indebtedness and any Liens arising in connection with such transaction or its use of such property are permitted by Section 6.02Sections 6.01 and 6.02 respectively.
Appears in 3 contracts
Samples: Second Lien Credit Agreement (CPI International Holding Corp.), Credit Agreement (CPI International Holding Corp.), Credit Agreement (CPI International, Inc.)
Sale and Leaseback 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 Leaseback Transaction”") unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)
Sale and Leaseback 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 Leaseback Transaction”") unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 3 contracts
Samples: Credit Agreement (Adesa Inc), Credit Agreement (Adesa Inc), Credit Agreement (Regency Energy Partners LP)
Sale and Leaseback 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 rent, lease or lease otherwise utilize 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 2 contracts
Samples: Credit Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Thompson Creek Metals CO Inc.)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person 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 that it intends to use for substantially the same purpose or purposes as the property being sold or transferred (a “Sale and Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 6.04(f) and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 2 contracts
Samples: Note Purchase Agreement (Deerfield Triarc Capital Corp), Note Purchase Agreement (Triarc Companies Inc)
Sale and Leaseback 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 Leaseback Transaction”"SALE AND LEASEBACK TRANSACTION") unless (i) the sale of such property is permitted by Section 6.06 and 6.06, (ii) any Liens arising in connection with its use of such property are permitted by Section 6.026.02 and (iii) any related Capital Lease Obligation is permitted by Section 6.01(e).
Appears in 2 contracts
Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)
Sale and Leaseback 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 as of the Original Closing Date or hereafter thereafter 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)
Sale and Leaseback Transactions. Enter Other than the Sale/Leaseback Transaction, 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 Leaseback TransactionLeaseback”) unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Capital Lease Obligations or Liens arising in connection with its use of such property therewith are permitted by Section Sections 6.01 and 6.02, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Buffets Holdings, Inc.)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 Borrower’s lease obligations under such Sale and Leaseback Transaction constitute Permitted Indebtedness and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is otherwise permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”) unless (x) such Sale and Leaseback Transaction occurs within 180 days of the acquisition of the applicable property or (y) (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Samples: Credit Agreement (On Assignment Inc)
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Samples: Credit Agreement (Bearingpoint Inc)
Sale and Leaseback 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 Leaseback Transaction”") unless (i) the sale of such property is permitted by Section 6.06 6.06, (ii) the Attributable Indebtedness relating to such property is permitted by Section 6.01(e) and (iiiii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Sale and Leaseback Transactions. Enter into any arrangement, directly rectly 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 5.6 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.025.2.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”"SALE AND LEASEBACK TRANSACTION") unless (i) the sale of such property is permitted by Section SECTION 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section SECTION 6.02.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Attributable Indebtedness and any Liens arising in connection with its use of such property are permitted by Section 6.01 and Section 6.02, respectively.
Appears in 1 contract
Samples: Credit Agreement (Ducommun Inc /De/)
Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any person 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 8.2(f) and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.028.2(b).
Appears in 1 contract
Samples: Note Purchase Agreement (Cambium-Voyager Holdings, Inc.)
Sale and Leaseback 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 Leaseback TransactionLeaseback”) unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Capital Lease Obligations or Liens arising in connection with its use of such property therewith are permitted by Section Sections 6.01 and 6.02, respectively.
Appears in 1 contract
Samples: Credit Agreement (Buffets Inc)
Sale and Leaseback 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 Leaseback Transaction”Leaseback") unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Capital Lease Obligations or Liens arising in connection with its use of such property therewith are permitted by Section Sections 6.01 and 6.02, respectively.
Appears in 1 contract
Samples: Credit Agreement (Buffets Inc)
Sale and Leaseback 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 Leaseback Transaction”) unless (ia) the sale of such property is permitted by Section 6.06 and (iib) any Liens arising Attributable Indebtedness in connection with its use respect of such property are Sale and Leaseback Transaction is permitted by Section 6.026.01.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 6.05 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”” ) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract
Sale and Leaseback 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 Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Liens arising in connection with its use of such property are permitted by Section 6.02.
Appears in 1 contract