Common use of Sales and Lease-Backs Clause in Contracts

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its 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 Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shallThe Company shall not, nor and shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which the Company or any of its Subsidiaries such Subsidiary (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than the Company or any of its 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 Company or any of its Subsidiaries such Credit Party to any Person (other than the Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its 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 Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries such Credit Party (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Holdings or any of its Subsidiaries), Subsidiaries to the extent 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 Company such Credit Party to any Person (other than Holdings or any of its Subsidiaries to any Person (other than Company or any of its Subsidiariesthe extent otherwise permitted hereunder) in connection with such lease.

Sales and Lease-Backs. No Credit Loan Party shall, nor shall it permit any of its Restricted Subsidiaries 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 Company or any of its Subsidiaries a Loan Party (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Holdings or any of its 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 Company or any of its Subsidiaries such Loan Party to any Person (other than Company Holdings or any of its Restricted Subsidiaries) in connection with such leaselease (each, a “Sale and Leaseback Transaction”).

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 factoring, declaring a trust in, or discounting any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries such Credit Party (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its SubsidiariesAbitibi Entity), 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 Company or any of its Subsidiaries such Credit Party to any Person (other than Company or any of its SubsidiariesAbitibi Entity) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it permit any of its Subsidiaries or the European Group Members 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 Company or any of its Subsidiaries such Group Member (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Holdings or any of its 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 Company or any of its Subsidiaries such Group Member to any Person (other than Company Holdings or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party Borrower shall, nor shall it permit any of its Restricted Subsidiaries 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 Company such Borrower or any of its Subsidiaries Restricted Subsidiary (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its Subsidiariesanother Credit 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 Company such Borrower or any of its Subsidiaries Restricted Subsidiary to any Person (other than Company or any of its Subsidiariesanother Credit Party) in connection with such lease.. 143

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company Holdings or any of its Subsidiaries (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Borrower or any of its 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 Company Holdings or any of its Subsidiaries to any Person (other than Company Borrower or any of its Subsidiaries) in connection with such lease.. 105

Sales and Lease-Backs. No Unless otherwise permitted hereunder, no Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed) (other than in connection with a sale and lease-back of the Corporate Head Office Campus otherwise permitted hereunder), whether now owned or hereafter acquired, which Company or any of its Subsidiaries such Credit Party (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its 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 Company or any of its Subsidiaries such Credit Party to any Person (other than Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, become or remain liable as a 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 Company or any of its Subsidiaries (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company or any of its 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 Company or any of its Subsidiaries to any Person (other than Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party Neither Holdings nor Company shall, nor shall it they permit any of its the Restricted Subsidiaries 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 Company or any of its Subsidiaries such Person (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Holdings, Company or any of its 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 Company or any of its Subsidiaries such Credit Party to any Person (other than Holdings, Company or any of its Restricted Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries such Credit Party (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Holdings or any of its Subsidiaries), except pursuant to a sublease, 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 Company or any of its Subsidiaries such Credit Party to any Person (other than Company Holdings or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Credit Party shall, nor shall it 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 of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Company or any of its Subsidiaries such Credit Party (aA) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than Company Holdings or any of its Subsidiaries), Subsidiaries to the extent otherwise permitted hereunder) or (bB) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Company such Credit Party to any Person (other than Holdings or any of its Subsidiaries to any Person (other than Company or any of its Subsidiariesthe extent otherwise permitted hereunder) in connection with such lease.