Common use of Sale and Leaseback Clause in Contracts

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 93 contracts

Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement (CPS Technologies Corp/De/), Credit Agreement (Green Plains Renewable Energy, Inc.)

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Sale and Leaseback. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any arrangement, directly or indirectly, with whereby the Borrower or any other Person whereby Subsidiary of the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof lease other property that the Borrower or any other property which Subsidiary of the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 47 contracts

Samples: Revolving Credit Agreement (Anacomp Inc), Subordination Agreement (BTHC VII Inc), Subordination Agreement (Whitehall Jewelers Holdings, Inc.)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 18 contracts

Samples: Credit Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Bond Issuance and Pledge Agreement

Sale and Leaseback. The Borrower will Borrowers shall not enter into any arrangement, directly or indirectly, with whereby any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, without the prior written consent of the Majority Banks.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Industries Usa Inc), Revolving Credit Agreement (Waste Connections Inc/De)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred. The Borrower will not permit any of the Related Companies or any Controlled Unconsolidated Entity to enter into any such arrangement.

Appears in 6 contracts

Samples: Unsecured Revolving Credit Agreement (Amerivest Properties Inc), Unsecured Revolving Credit Agreement (Amerivest Properties Inc), Revolving Credit Agreement (Amerivest Properties Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 6 contracts

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (Smtek International Inc), Credit and Security Agreement

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 6 contracts

Samples: Credit Agreement (Landec Corp \Ca\), Ex Im Credit Agreement (Landec Corp \Ca\), Credit and Security Agreement (Landec Corp \Ca\)

Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Borrowers shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends Borrowers intend to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 5 contracts

Samples: Credit and Security Agreement (Synergetics Usa Inc), Credit and Security Agreement (Pacific Cma Inc), Credit and Security Agreement (Synergetics Usa Inc)

Sale and Leaseback. The Borrower will not shall not, nor shall permit any other member of the Borrower Affiliated Group to, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower it shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and then or thereafter rent or by it in order to lease as lessee such property or any part thereof or any lease other property which that the Borrower or such other member of the Borrower Affiliated Group intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the any Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 5 contracts

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Misonix Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred. The Borrower will not permit the Company, any of the Related Companies or any Permitted Joint Venture to enter into any such arrangement.

Appears in 5 contracts

Samples: Credit Agreement (Prime Group Realty Trust), Term Loan Agreement (Liberty Property Limited Partnership), Credit Agreement (Prime Group Realty Trust)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 5 contracts

Samples: Loan and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Loan and Security Agreement (Millennium Ethanol, LLC)

Sale and Leaseback. The Borrower will Borrowers shall not enter into any arrangement, directly or indirectly, with whereby any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, without the prior written consent of the Required Lenders.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Waste Connections Inc/De), Revolving Credit and Term Loan Agreement, Revolving Credit and Term Loan Agreement (Waste Connections Inc/De)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred. The Borrower will not permit the Company or any of the Related Companies to enter into any such arrangement.

Appears in 4 contracts

Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly direct or indirectlyindirect, with any other Person whereby the Borrower it shall sell or transfer any property, real or personal propertypersonal, and used or useful in its business, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 3 contracts

Samples: Revolving Line of Credit Agreement, Loan Agreement (Saddlebrook Resorts Inc), Loan Agreement Revolving Line of Credit (Jagged Peak, Inc.)

Sale and Leaseback. The Neither the Borrower nor any of its Subsidiaries will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower or any of its Subsidiaries, as the case may be, shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower Person selling or transferring the property intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 3 contracts

Samples: Credit and Security Agreement (Hc2 Holdings, Inc.), Credit and Security Agreement (HC2 Holdings, Inc.), Credit and Security Agreement (Schuff International Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee back such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 3 contracts

Samples: Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower it shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 3 contracts

Samples: Loan Agreement (Titan Machinery Inc.), Loan Agreement (Titan Machinery Inc.), Loan Agreement (Titan Machinery Inc.)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 3 contracts

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.), Construction Loan Agreement, Construction Loan Agreement

Sale and Leaseback. The Borrower will shall not enter into any arrangementarrangements, directly or indirectly, with any other Person person whereby the Borrower it shall sell or transfer any of its property, whether real or personal propertypersonal, whether now owned or hereafter acquired, and then if it, at the time of such sale or thereafter rent disposition, intends to lease or lease as lessee otherwise acquire the right to use or possess (except by purchase) such property or any part thereof or any other like property which the Borrower intends to use for a substantially the same purpose or purposes as the property being sold or transferredsimilar purpose.

Appears in 3 contracts

Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Scorpio Tankers Inc.)

Sale and Leaseback. The Borrower will not enter into any arrangement, arrangement directly or indirectly, with any other Person indirectly whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Construction Loan Agreement (Walden Residential Properties Inc), Construction Loan Agreement (Walden Residential Properties Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the that Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the that Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Credit and Security Agreement (Leather Factory Inc), Credit and Security Agreement (Luminant Worldwide Corp)

Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the a Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Iesi Corp), Revolving Credit and Term Loan Agreement (Iesi Tx Corp)

Sale and Leaseback. The Borrower will not directly or indirectly enter into any agreement or arrangement, directly or indirectlyas a lessee, with any other Person whereby providing for the Borrower shall sell sale or transfer by it of any real or personal property, whether property (now owned or hereafter acquired, ) to a Person and then the subsequent lease or thereafter rent or lease as lessee rental of such property or any part thereof or any other similar property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredfrom such Person.

Appears in 2 contracts

Samples: Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.), Credit Agreement (Resource America Inc)

Sale and Leaseback. The Borrower will not without the prior written consent of the Lender enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Credit and Security Agreement (Hei Inc), Credit and Security Agreement (Hei Inc)

Sale and Leaseback. The Borrower will not enter into any ------------------ arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Credit and Security Agreement (Data National Corp), Credit and Security Agreement (Rf Monolithics Inc /De/)

Sale and Leaseback. The Borrower will not enter into any arrangementarrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferred, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee by it to such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredPerson.

Appears in 2 contracts

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Advanced Environmental Recycling Technologies Inc)

Sale and Leaseback. The Borrower will not enter into ------------------ any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Bentley International Inc)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the pursuant to which Borrower shall sell or transfer any real or personal property, whether owned now owned or hereafter acquiredacquired in the future, and then or thereafter rent or lease as lessee all or part of such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Loan and Security Agreement (InterMetro Communications, Inc.), Credit and Security Agreement (Command Security Corp)

Sale and Leaseback. The Borrower will not, and will not permit any other Obligor to, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower any Obligor shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower an Obligor intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 2 contracts

Samples: Term Loan Agreement (Rotonics Manufacturing Inc/De), Credit Agreement (Rotonics Manufacturing Inc/De)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred. The Company will not, nor will the Borrower permit any of the Related Companies to, enter into any such arrangement.

Appears in 2 contracts

Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby providing for the leasing by the Borrower shall sell or transfer any of real or personal property, whether now owned or hereafter herein after acquired, and then which has been or thereafter rent is to be sold or lease as lessee such property or any part thereof or any other property which transferred by the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredsuch Person.

Appears in 2 contracts

Samples: Credit Agreement (Nui Corp /Nj/), Credit Agreement (Nui Corp /Nj/)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred; provided, however, that the Borrower may enter into such transaction with respect to the real property on which its headquarters is presently located and with respect to any personal property related thereto.

Appears in 2 contracts

Samples: Credit and Security Agreement (Christopher & Banks Corp), Credit and Security Agreement (Christopher & Banks Corp)

Sale and Leaseback. The Except for Equipment Leases permitted hereunder, the Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Staar Surgical Co)

Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the any Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan and Security Agreement (Vein Associates of America Inc)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, arrangement with any other Person whereby providing for the leasing by such Borrower shall sell or transfer any of real or personal property, whether now owned property that has been or hereafter acquired, and then is to be sold or thereafter rent or lease as lessee such property or any part thereof or any other property which transferred by the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredsuch Person.

Appears in 1 contract

Samples: Secured Credit Agreement (Talkpoint Communications Inc)

Sale and Leaseback. The Borrower will shall not directly or indirectly enter into any arrangement, directly or indirectly, with any other Person arrangement whereby the Borrower or any subsidiary shall sell or transfer all or any real substantial part of its fixed assets then owned by it and shall thereupon, or personal propertywithin one year thereafter, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being assets so sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Univec Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, other than sale and leaseback transactions of Aircraft.

Appears in 1 contract

Samples: Credit and Security Agreement (Kitty Hawk Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, other than in connection with Permitted Equipment Financing.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Sale and Leaseback. The Borrower will not not, directly or ------------------ indirectly, enter into any arrangement, directly arrangement whereby Borrower sells or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property transfers all or any part thereof of its assets and thereupon and within one year thereafter rents or any other property which leases the Borrower intends to use for substantially the same purpose or purposes as the property being assets so sold or transferred.

Appears in 1 contract

Samples: Loan and Security Agreement (Creditrust Corp)

Sale and Leaseback. The Borrower will not enter ------------------- into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Primesource Healthcare Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredtransferred other than such an arrangement entered into by Provo in connection with its owned motor vehicles.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Frontline Communications Corp)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, property and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Nexar Technologies Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal propertyproperty (other than Equipment), whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Ramtron International Corp)

Sale and Leaseback. The Borrower Borrowers will not directly or indirectly enter into any agreement or arrangement, directly or indirectlyas a lessee, with any other Person whereby providing for the Borrower shall sell sale or transfer by it of any real or personal property, whether property (now owned or hereafter acquired, ) to a Person and then the subsequent lease or thereafter rent or lease as lessee rental of such property or any part thereof or any other similar property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredfrom such Person.

Appears in 1 contract

Samples: Credit Agreement (Resource America Inc)

Sale and Leaseback. The Borrower will not not, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and the Mortgaged Property (as defined in the Revolving Agreement) in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stage Stores Inc)

Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Borrowers shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent to lease such properly or lease as lessee such property or any part thereof or any other property which the Borrower that Borrowers intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Grossmans Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Leather Factory Inc)

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Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Humphrey Hospitality Trust Inc)

Sale and Leaseback. The Borrower will shall not enter into any arrangementarrangement pursuant to which it will lease back, as lessee, any property (real, personal or mixed, tangible or intangible) previously owned by it and sold or otherwise transferred or disposed of, directly or indirectly, with any other Person whereby to the Borrower shall sell or transfer any real or personal owner-lessor of such property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit Agreement (Prime Group Realty Trust)

Sale and Leaseback. The Neither the Borrower nor the Parent will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower it shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Seair Group Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower theBorrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Telular Corp)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Bor­rower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now Real Estate owned or hereafter acquired, and by it in order that then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredshall lease back such Real Estate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now Property owned or hereafter acquired, and by it in order then or thereafter rent to lease such Property or lease as lessee such property or any part thereof or any other property which the that Borrower intends to use for substantially the same purpose or purposes as the property Property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Omnipoint Corp \De\)

Sale and Leaseback. The Borrower will Borrowers shall not enter into any arrangement, directly or indirectly, with any other Person person or entity whereby the Borrower Borrowers shall sell or transfer any real or personal property, whether now owned or hereafter acquired, property and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower Borrowers intends to use for substantially the same purpose or purposes as the property being sold or transferred.. 4202603-4

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (ATRM Holdings, Inc.)

Sale and Leaseback. The Borrower will not, and will not ------------------ permit any Company to, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower any Company shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower any Company intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit Agreement (Nationwide Electric Inc)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly direct or indirectlyindirect, with any other Person whereby the Borrower it shall sell or transfer the Premises or any other property, real or personal propertypersonal, and used or useful in its business, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Term Loan Agreement (Jagged Peak, Inc.)

Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now nor owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Aci Telecentrics Inc)

Sale and Leaseback. The Borrower will not not, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and the Mortgaged Property in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stage Stores Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby pursuant to which the Borrower shall sell or transfer any real or personal property, whether owned now owned or hereafter acquiredacquired in the future, and then or thereafter rent or lease as lessee all or part of such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)

Sale and Leaseback. The Neither Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Medical Dynamics Inc)

Sale and Leaseback. The Borrower will not enter -------------------- into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Rockshox Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangementagreement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Professional Veterinary Products LTD /Ne/)

Sale and Leaseback. The Borrower will not enter ------------------ into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Act Teleconferencing Inc)

Sale and Leaseback. The Borrower will not, and will not permit any other Obligor to, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower any Obligor shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower that an Obligor intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit Agreement (American Crystal Sugar Co /Mn/)

Sale and Leaseback. The Borrower will shall not enter into any ------------------ arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now Property owned or hereafter acquired, and by it in order then or thereafter rent to lease such Property or lease as lessee such property or any part thereof or any other property which that the Borrower intends to use for substantially the same purpose or purposes as the property Property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Omnipoint Corp \De\)

Sale and Leaseback. The Borrower will Borrowers shall not enter into any arrangement, directly or indirectly, with whereby any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, without the prior written consent of the Required Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Waste Industries Usa Inc)

Sale and Leaseback. The Without Lender’s prior consent, the Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, property and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Paper Warehouse Inc)

Sale and Leaseback. The Each Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Microtel International Inc)

Sale and Leaseback. The Other than Model Unit sale and leasebacks, as provided herein, Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Senior Borrowing Base Revolving Line of Credit Agreement (Fortress Group Inc)

Sale and Leaseback. The No Borrower will not enter into any arrangementarrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferred, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee by it to such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredPerson.

Appears in 1 contract

Samples: Loan Agreement (Integrated Performance Systems Inc)

Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly direct or indirectlyindirect, with any other Person whereby the Borrower it shall sell or transfer any real property used or personal propertyuseful in its business, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Loan Agreement (Lm Funding America, Inc.)

Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other whereby such Person whereby the Borrower shall sell or transfer any real property or personal property, whether now owned or hereafter acquired, and property in order that then or thereafter rent or such Person shall lease as lessee back such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredproperty.

Appears in 1 contract

Samples: Credit Agreement (Emeritus Corp\wa\)

Sale and Leaseback. The No Borrower will, or will not permit any other Company to, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower such Company shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower such Company intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Eagle Geophysical Inc)

Sale and Leaseback. The Neither Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, property whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.

Appears in 1 contract

Samples: Credit and Security Agreement (Larson Davis Inc)

Sale and Leaseback. The Such Borrower will not enter into any arrangementarrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferred, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee by it to such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredPerson.

Appears in 1 contract

Samples: Loan Agreement (Castle Energy Corp)

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