Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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 such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that is a Loan 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 Loan Party to any Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) in connection with such lease.
Appears in 7 contracts
Samples: Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Sales and Lease-Backs. No Loan Such Credit Party shallshall not, nor shall it permit any of its Restricted Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Credit Party or Restricted Subsidiary (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower Holdings or any of its Subsidiaries that is a Loan Party) Restricted Subsidiaries), 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 Loan Credit Party or Restricted Subsidiary to any Person (other than Lead Borrower Holdings or any of its Subsidiaries that is a Loan PartyRestricted Subsidiaries) in connection with such lease.
Appears in 4 contracts
Samples: Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.), Credit Agreement (KKR & Co. Inc.)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower Holdings or any of its Subsidiaries that to the extent such sale or transfer is a Loan Party) otherwise permitted hereunder), 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 Loan Party to any Person (other than Lead Borrower Holdings or any of its Subsidiaries that to the extent such sale or transfer is a Loan Partyotherwise permitted hereunder) in connection with such lease.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Purchase Agreement (Prommis Solutions Holding Corp.)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that to the extent such sale or transfer is a Loan Party) otherwise permitted hereunder), 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 Loan Party to any Person (other than Lead Borrower or any of its Subsidiaries that to the extent such sale or transfer is a Loan Partyotherwise permitted hereunder) in connection with such lease.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Credit and Guaranty Agreement (Tumi Holdings, Inc.)
Sales and Lease-Backs. No Except as permitted by Section 6.9(b)(xii), no Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead the Borrower or any of its Subsidiaries that is a Loan PartySubsidiaries) 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 Loan Party to any Person (other than Lead the Borrower or any of its Subsidiaries that is a Loan PartySubsidiaries) in connection with such lease.
Appears in 2 contracts
Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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 such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead any Borrower or any of its Subsidiaries that is a Loan 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 Loan Party to any Person (other than Lead any Borrower or any of its Subsidiaries that is a Loan Party) in connection with such lease.
Appears in 2 contracts
Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)
Sales and Lease-Backs. No Loan Party shallThe Credit Parties shall not, nor and shall it not permit any of its their respective Subsidiaries (excluding the Excluded Entities) to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease lease, whether an Operating Lease or a Capital Lease, of any property (whether real, personal, personal or mixed), whether now owned or hereafter acquired, which such Loan (i) that any Credit Party (a) or any of its Subsidiaries has sold or transferred or is to sell or to transfer to any other Person or (other than Lead Borrower ii) that any Credit Party or any of its Subsidiaries that is a Loan Party) or (b) intends to use for substantially the same purpose as any other property which that has been or is to be sold or transferred by such Loan any Credit Party to any Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) to any Person in connection with such lease.
Appears in 2 contracts
Samples: Credit Agreement (Courtside Acquisition Corp), Credit Agreement (Wellsford Real Properties Inc)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that to the extent such sale or transfer is a Loan Party) otherwise permitted hereunder), 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 Loan Party to any Person (other than Lead Borrower or any of its Subsidiaries that to the extent such sale or transfer is a Loan Partyotherwise permitted hereunder) in connection with such lease.
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Paramount Acquisition Corp), Second Lien Credit and Guaranty Agreement (Paramount Acquisition Corp)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its their Subsidiaries (excluding to, or shall apply to the Excluded Entities) Bankruptcy Court for authority to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease Operating Lease of any property (whether real, personal, personal or mixed), whether now owned or hereafter acquired, (i) which such any Loan Party (a) or any of their Subsidiaries has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) or (bii) which any Loan Party or their Subsidiaries 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 or their Subsidiaries to any Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) in connection with such lease.;
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Prime Succession Inc)
Sales and Lease-Backs. No Front Line Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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 such Front Line Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead any Borrower or any of its Subsidiaries that is a Front Line Loan 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 Front Line Loan Party to any Person (other than Lead any Borrower or any of its Subsidiaries that is a Front Line Loan Party) in connection with such lease.
Appears in 1 contract
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead any Borrower or any of its Subsidiaries that Guarantor Subsidiary to the extent such sale or transfer is a Loan Party) otherwise permitted hereunder), 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 Loan Party to any Person (other than Lead any Borrower or any of its Subsidiaries that Guarantor Subsidiary to the extent such sale or transfer is a Loan Partyotherwise permitted hereunder) in connection with such lease.
Appears in 1 contract
Sales and Lease-Backs. No Loan Credit Party shall, nor shall it permit any of its Restricted Subsidiaries (excluding the Excluded Entities) to, 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, personal or mixed), whether now owned or hereafter acquired, which such Loan Restricted Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) other Credit Party or, with respect to any Restricted Foreign Subsidiary, any other Restricted Foreign 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 Loan Restricted Party to any Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Partyother Credit Party or, with respect to any Restricted Foreign Subsidiary, any other Restricted Foreign Subsidiary) in connection with such lease.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Madison Square Garden Co)
Sales and Lease-Backs. No Loan Party shall, nor shall it permit any of its Subsidiaries (excluding the Excluded Entities) to, 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 such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Lead Borrower or any of its Subsidiaries that is a Loan 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 Loan Party to any Person (other than Lead Borrower or any of its Subsidiaries that is a Loan Party) in connection with such lease.
Appears in 1 contract