Sale-Leaseback. Enter into any arrangement, directly or indirectly, with any Person whereby the Borrower or any Subsidiary shall sell or transfer any property (real, personal or mixed) used or useful in the Business Operations, whether now owned or hereafter acquired, and thereafter rent or lease such property.
Sale-Leaseback. The Borrower will not, and will not permit any Subsidiary to, enter into a sale/leaseback, or similar transaction, for any of its Real Property.
Sale-Leaseback. Except for leases existing on the date hereof and previously disclosed to Lender in writing, and renewals or extension thereof, become or be liable as lessee with respect to any lease of any property (real, personal or mixed) which has been or is to be sold or transferred by Borrower to any person or which Borrower intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower to any person in connection with such lease.
Sale-Leaseback. No Credit Party will, and will not permit or cause any of its Subsidiaries to, directly or indirectly, after the Closing Date, become liable as lessee or as guarantor or other surety with respect to any lease of property, whether an operating lease or a Capital Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired, (a) which Holdings or any of its Subsidiaries has sold or transferred or is to sell or transfer to a Person which is not Holdings or any Subsidiary of Holdings or (b) which Holdings or any Subsidiary of Holdings intends to use for substantially the same purpose as any other property which has been sold or is to be sold or transferred by Holdings or any Subsidiary of Holdings to another Person which is not Holdings or any Subsidiary of Holdings in connection with such lease (such a transaction, a “Sale and Lease-Back Transaction”); provided that any Sale and Lease-Back Transaction shall be permitted so long as such Sale and Lease-Back Transaction is (i) permitted by Section 8.05, (ii) made for Cash consideration in an amount not less than the fair market value of such property, (iii) the Credit Party or its applicable Subsidiary would otherwise be permitted to enter into, and remain liable under, the applicable underlying lease and (iv) the aggregate fair market value of the property sold pursuant to all such Sale and Lease-Back Transactions under this Section 8.12 during the term of this Agreement shall not exceed the greater of (i) $10,000,000 and (ii) 10.0% of Consolidated EBITDA as of the last day of the most recently ended Test Period; provided that, if such Sale and Leaseback Transaction results in purchase money Indebtedness or Indebtedness with respect to Capital Lease, such Indebtedness is permitted by Section 8.02(f) and any Lien made the subject of such Indebtedness is permitted by Section 8.03(f). Notwithstanding anything to the contrary in this Section 8.12, in no event shall any Credit Party or any Subsidiary thereof enter into Sale and Lease-Back Transaction with an Excluded Subsidiary with respect to any Material Asset.
Sale-Leaseback. The Borrower will not enter into any sale-leaseback transaction (in a single transaction or series of transactions) involving assets which represent more than 5% of such Person's total consolidated assets.
Sale-Leaseback. Enter into any arrangement, directly or indirectly, whereby the Borrower or a Restricted Subsidiary shall sell or transfer any property owned by it in order then or thereafter to lease such property or lease other property which the Borrower or such Restricted Subsidiary intends to use for substantially the same purpose as the property being sold or transferred, except to the extent (x) such sale or transfer is permitted under Section 6.05 and (y) such lease, to the extent constituting a Capitalized Lease, is permitted under Section 6.02.
Sale-Leaseback. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that a portion of this transaction is structured as a sale leaseback, whereby Lessor shall purchase the equipment from Lessee for purposes of leasing the equipment back to Lessee in accordance with the terms and conditions set forth in the Sale Leaseback Agreement dated February 1, 2024, a copy of which is attached hereto and incorporated herein.
Sale-Leaseback. Surgery Center will not enter into any sale-leaseback transaction (in a single transaction or series of transactions) involving assets which represent more than 5% of such Person's total consolidated assets.
Sale-Leaseback. In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption, by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
Sale-Leaseback. No Borrower or any Subsidiary of a Borrower shall enter into any agreement with any party (“Lender”) to provide for the leasing by such Borrower or such Subsidiary of a Borrower of real or personal property which has been or is to be sold or transferred by a Borrower to such Lender, or to any Person to whom funds have been or will be advanced by such Lender on the security of such property or the rental obligations of such Borrower or Subsidiary of a Borrower with respect to such property.
