Sale Leaseback Financing. Buyer has delivered to Seller a true, correct and complete copy of the executed Sale Leaseback Agreement attached hereto as Exhibit F. The Sale Leaseback Agreement has not been amended or modified in any manner prior to the date of this Agreement. As of the date hereof, the Sale Leaseback Agreement is in full force and effect and represents a valid, binding and enforceable obligation of Buyer and, to the Buyer’s knowledge, the Sale Leaseback Purchaser, to provide the Sale Leaseback Financing contemplated thereby, subject only to the satisfaction or waiver of the conditions precedent contained therein and except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar Laws affecting the enforcement of creditors’ rights and remedies generally and by general principles of equity. Assuming the accuracy of the representations and warranties of Seller contained in Article III and the representations and warranties set forth on Schedule 3.24, as of the date of this Agreement, no event has occurred which, with or without notice, lapse of time or both, would constitute a breach or default on the part of Buyer or, to Buyer’s knowledge, the Sale Leaseback Purchaser under the Sale Leaseback Agreement. There are no conditions precedent or other contingencies related to the funding of the full amount of the Sale Leaseback Financing, other than as set forth in the Sale Leaseback Agreement.
Sale Leaseback Financing. A company which is directly or indirectly owned by Seller shall immediately prior to the Closing enter into an agreement substantially in the form of Exhibit I hereto, pursuant to which it shall agree to provide up to $50,000,000 of financing (at any time outstanding) to the Company.
Sale Leaseback Financing. Borrower shall have delivered to Bank evidence of Borrower having closed a sale-leaseback transaction on terms reasonably satisfactory to Bank in an amount not less than $40,000,000.00,
