Common use of Sales and Lease-Backs Clause in Contracts

Sales and Lease-Backs. Other than with respect to Capital Lease obligations permitted by Sections 6.1(h) and 6.2(f), 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 such Person (a) has sold or transferred or is to sell or to transfer to any other Person (other than any Borrower or any Guarantor Subsidiary), or (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 Person to any Person (other than any Borrower or any Guarantor Subsidiary) in connection with such lease.

Appears in 8 contracts

Samples: Second Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

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Sales and Lease-Backs. Other than with respect to Capital Lease obligations permitted by Sections 6.1(h) and 6.2(f), become 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 such Person (a) has sold or transferred or is to sell or to transfer to any other Person (other than any the Borrower or any Guarantor SubsidiaryGuarantor), or (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 Person to any Person (other than any the Borrower or any Guarantor SubsidiaryGuarantor) in connection with such lease, in each case other than as permitted by Section 6.8(r) or 6.1, as applicable.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.), Second Lien Credit and Guaranty Agreement (Airbnb, Inc.)

Sales and Lease-Backs. Other than with respect to Capital Lease obligations permitted by Sections 6.1(h) and 6.2(f), become 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 such Person (a) has sold or transferred or is to sell or to transfer to any other Person (other than any the Borrower or any Guarantor SubsidiaryGuarantor), or (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 Person to any Person (other than any the Borrower or any Guarantor SubsidiaryGuarantor) in connection with such lease, in each case other than as permitted by Section 6.1.

Appears in 2 contracts

Samples: Restructuring Support Agreement (2U, Inc.), Debt and Guaranty Agreement (2U, Inc.)

Sales and Lease-Backs. Other than with respect to Capital Lease obligations Obligations permitted by Sections 6.1(h6.1(q) and 6.2(f), 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 such Person Credit Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than any a Borrower or any Guarantor Subsidiary), or (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 Person Credit Party to any Person (other than any a Borrower or any Guarantor Subsidiary) in connection with such lease.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NRC Group Holdings Corp.)

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Sales and Lease-Backs. Other than with respect to Capital Lease obligations permitted by Sections 6.1(h) and 6.2(f), 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 such Person (a) has sold or transferred or is to sell or to transfer to any other Person (other than any anythe Borrower or any Guarantor Subsidiary), or (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 Person to any Person (other than any anythe Borrower or any Guarantor Subsidiary) in connection with such lease.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Sales and Lease-Backs. Other than with respect to Capital Lease obligations permitted by Sections 6.1(h) and 6.2(f), become 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 the Borrower or such Person Subsidiary (a) has sold or transferred or is to sell or to transfer to any other Person (other than any the Borrower or any Guarantor SubsidiaryLoan Party), or (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 Person the Borrower or any of its Subsidiaries to any Person (other than any the Borrower or any Guarantor Subsidiaryof its Subsidiaries) in connection with such lease, in each case unless the sale of such property and any Liens arising in connection therewith are permitted by Sections 7.01 and 7.05.

Appears in 1 contract

Samples: Credit Agreement (ORBCOMM Inc.)

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