Common use of Sale and Leaseback Clause in Contracts

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Subsidiaries to, directly or indirectly, enter into, into any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to to, enter into, into any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Subsidiaries to, directly or indirectly, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Each Borrower will not enter intoshall not, and will shall not permit any Restricted Subsidiary to to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredarrangement, directly or indirectly, by with any Person whereby it shall sell or transfer any Property, whether now owned or hereafter acquired, and thereafter rent or lease such Property which it intends to such Personuse for substantially the same purpose or purposes as the Property being sold or transferred.

Sale and Leaseback. The Holdings and each Borrower will not enter intonot, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredof their respective Subsidiaries to, directly or indirectly, indirectly enter into any agreement or arrangement providing for the sale or transfer by it of any property (now owned or hereafter acquired) to a Person and the subsequent lease or rental of such property or other similar property from such Person.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Subsidiaries to, directly or indirectly, enter into, into any arrangement 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, by it to such Person, except for the sale and leaseback of Model Houses in the ordinary course of business.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person, except sale and leaseback transactions involving expenditures not to exceed an aggregate of $600,000 in any twelve (12) month period.

Sale and Leaseback. The Borrower Borrowers will not enter intonot, and will not permit any Subsidiary to of a Borrower to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The No Borrower will not enter into, and nor will not it permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower Borrowers will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Restricted Subsidiary to to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredarrangement, directly or indirectly, by with any Person whereby it shall sell or transfer any Property, whether now owned or hereafter acquired, and thereafter rent or lease such Property which it intends to such Personuse for substantially the same purpose or purposes as the Property being sold or transferred.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person; provided that the Borrower and the Subsidiaries will be permitted to enter into such arrangements involving sales of personal property not to exceed $500,000 in the aggregate during the term of this Agreement in connection with Capital Lease Obligations permitted by Section 8.01(e).

Sale and Leaseback. The Borrower will not enter into, and will not permit any Material Subsidiary to enter into, any arrangement 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, by it to such Person, except for any such arrangements which do not exceed the aggregate amount of $500,000 for the Borrower and its Subsidiaries during any fiscal year.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.Person and as permitted by Section 10.1. [9]

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Subsidiaries to, directly or indirectly, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or CREDIT AGREEMENT – Page 76 personal property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person; provided that the Borrower and the Subsidiaries will be permitted to enter into such arrangements involving sales of personal property not to exceed [$500,000] in the aggregate during the term of this Agreement in connection with Capital Lease Obligations permitted by Section 8.01(e).

Sale and Leaseback. The Other than pursuant to Permanent Equipment Financing, the Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit ------------------ any Subsidiary to of its Subsidiaries to, enter into, into any arrangement with any Person pursuant Person, whereby in contemporaneous transactions the Borrower or such Subsidiary sells essentially all of its right, title and interest in a material asset and the Borrower or such Subsidiary acquires or leases back the right to which it leases from use such Person real or personal property that has been or is to be sold or transferred, directly or indirectly, by it to such Personproperty.

Sale and Leaseback. The Borrower will not enter into, and will ------------------ not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not ------------------ permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredto, directly or indirectly, indirectly enter into any agreement or arrangement providing for the sale or transfer by it of any property (now owned or hereafter acquired) to a Person and the subsequent lease or rental of such property or similar property from such Person.

Sale and Leaseback. The Borrower will not enter intonot, and nor will not it permit any Subsidiary to of the Borrower to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredto, directly or indirectly, indirectly enter into any agreement or arrangement providing for the sale or transfer by it of any property (now owned or hereafter acquired) to a Person and the subsequent lease or rental of such property or similar property from such Person.

Sale and Leaseback. The Such Borrower will not enter into, and will not permit any Subsidiary Company to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not ------------------ permit any Subsidiary to to, enter into, into any arrangement with any Person pursuant to which it leases from such Person providing for the leasing of real or personal property that which has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter into, and ------------------ will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person; provided that the Borrower and the Subsidiaries will be permitted to enter into such arrangements involving sales of personal property not to exceed $500,000 in the aggregate during the term of this Agreement in connection with Capital Lease Obligations permitted by Section 8.01(e).

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary Company to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Restricted Subsidiaries to, directly or indirectly, enter into, into any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intoshall not, and will shall not permit any Subsidiary to of its Subsidiaries to, directly or indirectly, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or CREDIT AGREEMENT – Page 106 personal property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter Enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter into, ------------------ and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower Borrowers will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to of the Borrower to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to to, enter into, into any arrangement 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, by it to such PersonPerson other than any such arrangement entered into in the exercise of prudent business judgment with aggregate sales prices not exceeding $10,000,000 during the period from the date hereof until the Obligations are paid in full.

Sale and Leaseback. The Except as listed on Schedule 8.9 hereto, the Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold or transferredto, directly or indirectly, indirectly enter into any agreement or arrangement providing for the sale or transfer by it of any property (now owned or hereafter acquired) to a Person and the subsequent lease or rental of such property or other similar property from such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not ------------------ permit any Subsidiary to to, enter into, into any arrangement 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, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to of the Borrower to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property that Property that, substantially concurrently with such lease, has been or is to be sold or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter intonot, and will not permit any Subsidiary to to, enter into, into any arrangement with any Person pursuant to which it leases from such Person real or personal property that has been or is to be sold sole or transferred, directly or indirectly, by it to such Person.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Restricted Subsidiary to enter into, any arrangement 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, by it to such Person, except for any such arrangements which do not exceed the aggregate amount of $1,000,000 for the Borrower and its Restricted Subsidiaries during any fiscal year.

Sale and Leaseback. The Borrower will not enter into, and will not permit any Subsidiary to enter into, any arrangement with any Person pursuant to which it leases from such Person real or personal property Property that has been or is to be sold or transferred, directly or indirectly, by it to such Person.