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. 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. 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 --------------------- Each Borrower 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 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 Company or any of its Subsidiaries would be permitted to enter into, and remain liable under, such lease under subsection 7.9.
Sales and Lease. Backs Borrowers shall not, and shall not permit any of their Restricted 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) that Borrowers or any of their Restricted Subsidiaries has sold or transferred or is to sell or transfer to any other Person (other than Borrowers or any of their Material Subsidiaries) or (ii) that Borrowers or any of their Restricted Subsidiaries intends to use for substantially the same purpose as any other property that has been or is to be sold or transferred by Borrowers or any of their Restricted Subsidiaries to any Person (other than Borrowers or any of their Material Subsidiaries) in connection with such lease; provided that Borrowers and their Restricted Subsidiaries may become and remain liable as lessee, guarantor or other surety with respect to any such lease to the extent that the Net Cash Proceeds of such sale and lease back are applied as required by subsection 2.4B(iii)(a).
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. 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.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.
