Sales and Lease Sample Clauses
Sales and Lease. Backs. Become or remain liable, directly or indirectly, as lessee or as guarantor or other surety with respect to any lease, whether an Operating Lease or a Capital Lease, of any property (whether real or personal or mixed) whether now owned or hereafter acquired, (i) which the Borrower or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person (other than the Borrower or any of its Subsidiaries), or (ii) which the Borrower or any such Subsidiary of the Borrower intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by the Borrower or any such Subsidiary of the Borrower to any Person (other than the Borrower or one of its Subsidiaries) in connection with such lease.
Sales and Lease. BACKS --------------------- The Borrower will not, and will not permit any of its Subsidiaries, directly or indirectly, to become or remain liable as lessee or as guarantor or other surety with respect to any lease with any Person, whether an Operating Lease or a Capital Lease, of any property (whether real or personal or mixed) whether now owned or hereafter acquired, (i) which the Borrower or any of its Subsidiaries has sold or transferred or is to sell or transfer to such Person or such Person's Affiliate, or (ii) which the Borrower or any such Subsidiary intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by the Borrower or any such Subsidiary to such Person or such Person's Affiliate in connection with such lease, except that the Borrower and its Subsidiaries may enter into such transactions if:
(i) such lease is entered into less than 180 days after the acquisition or occupancy of such property; and
(ii) the aggregate principal amount of (A) Indebtedness relating to such leases plus (B) Indebtedness secured by any Lien on any property or ---- asset owned or held by Borrower or its Subsidiaries, regardless of whether the Indebtedness secured thereby shall have been assumed by Borrower or its Subsidiaries or is non-recourse does not exceed the limitation set forth in Section
6.1 (ii); provided, however, Indebtedness secured solely by Permitted Liens -------- ------- and Indebtedness incurred in connection with sale-leaseback transactions where (A) the proceeds thereof are invested, or committed to be invested, in the business of Borrower and its Subsidiaries within 90 days of the receipt of such proceeds (and in the case of investments committed within such 90 days, such proceeds are in fact invested within 180 days of such commitment) or (B) are used to pay or prepay Consolidated Funded Indebtedness to the extent thereof within 90 days of the receipt of such proceeds, shall be excluded from the limitation set forth in this Section 6.6(ii).
Sales and Lease. Backs. Directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which any Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than the Borrower or any Subsidiary), (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by such Loan Party to any Person (other than the Borrower or any Subsidiary) in connection with such lease or (c) is to be sold or transferred by such Loan Party to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of such Loan Party, other than transactions where any related sale of assets is permitted under Section 7.08, any related Indebtedness is permitted to be incurred under Section 7.01 and any Lien in connection therewith is permitted to be granted under Section 7.02. 88 #96555161v28
Sales and Lease. Backs. Become or remain liable, or permit any of its Subsidiaries to become or remain liable, directly or indirectly, with respect to any lease, whether an operating lease or a Capital Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired, (i) which the Borrower or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person or (ii) which the Borrower or any of its Subsidiaries intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by the Borrower or any of its Subsidiaries to any Person in connection with such lease; provided that the Borrower and its Subsidiaries may become and remain liable as lessee, guarantor or other surety with respect to any such lease if and to the extent that the Borrower or any of its Subsidiaries would be permitted to enter into, and remain liable under, such lease under Section 6.2(h). 45
Sales and Lease. Backs Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease, whether an Operating Lease or a Capital Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired, (i) which Company or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person (other than Company or any of its Subsidiaries) or (ii) which Company or any of its Subsidiaries intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease; provided that Company may remain liable as lessee with respect to the lease of the Company's principal executive offices located at 0000 Xxxxxxx Xxxxxxxxxx Drive, St. Louis, Missouri, and provided further that Company and its Subsidiaries may become and remain liable as lessee, guarantor or other surety with respect to any such lease to the extent that (i) such lease, if a Capital Lease, is permitted pursuant to subsection 7.1(iii), (ii) the consideration received is at least equal to the fair market value of the property sold as determined in good faith by Company's Board of Directors and (iii) the Net Asset Sale Proceeds derived from the sale/leaseback of such sold properties or assets owned by the Company or its Subsidiaries shall be applied to prepay Loans and/or reduce commitments pursuant to subsection 2.4B(iii)(a) without regard to any reinvestment of such Net Asset Sale Proceeds otherwise permitted under such subsection.
Sales and Lease. Backs Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease, whether an Operating Lease or a Capital Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired, (i) which Company or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person (other than Company or any of its Subsidiaries) or (ii) which Company or any of its Subsidiaries intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease except that Company and its Subsidiaries may enter into sale and lease-back transactions with respect to the properties listed on Schedule 7.10 annexed hereto.
Sales and Lease. Activity Compensation Category Activity Description Per Unit Sales & Lease (a) Basic cable service $10.82 (b) Sale of discretionary tier (filtered) $ 5.15 (c) Sale of discretionary tier (unfiltered) $10.82 (d) Extra outlet service $ 8.65 (e) Discretionary Service (Pay TV) $ 7.57 (f) Equipment lease $ 6.49
Sales and Lease. Backs.10 Sales and Lease-BacksSales and Lease-Backs. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease, whether an Operating Lease or a Capital Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired, (i) which Company or any of its Subsidiaries has, substantially contemporaneously with becoming liable with respect to such lease or as part of the same transaction, sold or transferred or is to sell or transfer to any other Person (other than Company or any of its Subsidiaries) or (ii) which Company or any of its Subsidiaries intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease; provided that notwithstanding the foregoing prohibitions, Company and its Subsidiaries may become and remain liable with respect to such lease or leases involving assets with an aggregate fair market value not exceeding $5,000,000 annually; provided, further that the aggregate fair market value of all assets which are the subject of all such leases shall not exceed $15,000,000; and provided further that with respect to each proposed lease, Company shall deliver to Agent a Compliance Certificate, setting forth on a pro forma basis, taking into account such lease for the four-Fiscal Quarters immediately preceding the date of calculation, the financial covenant calculations in subsection 7.6, which calculations shall reflect compliance with such covenants and be certified by the chief financial officer of Company not less than 10 Business Days before the consummation of such lease transaction.
Sales and Lease. BACKS Become liable, directly or indirectly, as lessee or as guarantor or other surety with respect to any lease whether an operating lease or a Capital Lease, of any assets, whether now owned or hereafter acquired:
(a) which the Company or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person; or
(b) which the Company or any of its Subsidiaries intends to use for substantially the same purpose as any other asset which has been or is to be sold or transferred by the Company or any such Subsidiaries to any Person in connection with such lease, unless such sale or transfer is permitted pursuant to Section 9.9., without aggregation.
Sales and Lease. Backs. Directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real, personal or mixed), whether now owned or hereafter acquired,
(i) that the Issuer or any of its Subsidiaries has sold or transferred or is to sell or transfer to any other Person; or
(ii) that the Issuer or any of its Subsidiaries intends to use for substantially the same purpose as any other property that has been or is to be sold or transferred by the Issuer or any of its Subsidiaries to any Person in connection with such lease.