Sales and Lease-Backs. No Note 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, that such Note Party (a) has sold or transferred 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 that has been or is to be sold or transferred by such Note Party to any Person (other than Company or any of its Subsidiaries) in connection with such lease.
Appears in 7 contracts
Samples: Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Ontrak, Inc.)
Sales and Lease-Backs. No Note 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, that which such Note Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Company the Issuer or any of its Subsidiaries), ) or (b) intends to use for substantially the same purpose as any other property that which has been or is to be sold or transferred by such Note Party to any Person (other than Company the Issuer or any of its Subsidiaries) in connection with such lease.
Appears in 5 contracts
Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Sales and Lease-Backs. No Note 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, that which such Note Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Company the Borrower or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property that which has been or is to be sold or transferred by such Note Party to any Person (other than Company the Borrower or any of its Subsidiaries) in connection with such lease.
Appears in 4 contracts
Samples: Note Purchase Agreement (Arena Group Holdings, Inc.), Note Purchase Agreement (theMaven, Inc.), Note Purchase Agreement (theMaven, Inc.)
Sales and Lease-Backs. No Note Loan 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, that which such Note Loan Party (a) has sold or transferred 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 that which has been or is to be sold or transferred by such Note Loan Party to any Person (other than Company or any of its Subsidiaries) in connection with such lease.
Appears in 3 contracts
Samples: Financing Agreement (Model N, Inc.), Financing Agreement (Metalico Inc), Financing Agreement (Global Geophysical Services Inc)
Sales and Lease-Backs. No Note Loan 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, that which such Note Loan Party (a) has sold or transferred 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 that which has been or is to be sold or transferred by such Note Loan Party to any Person (other than the Company or any of its Subsidiaries) in connection with such lease.
Appears in 1 contract
Samples: Financing Agreement (Global Geophysical Services Inc)
Sales and Lease-Backs. No Note 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, that which such Note Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than Company or any of its Subsidiariesa Note Party), or (b) intends to use for substantially the same purpose as any other property that which has been or is to be sold or transferred by such Note Party to any Person (other than Company or any of its Subsidiariesa Note Party) in connection with such lease.
Appears in 1 contract
Samples: Senior Secured Note Purchase Agreement (Vahanna Tech Edge Acquisition I Corp.)
Sales and Lease-Backs. No Note Loan 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, that which such Note Loan Party (a) has sold or transferred 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 that which has been or is to be sold or transferred by such Note Loan Party to any Person (other than Company or any of its Subsidiaries) in connection with such lease, except for the transactions contemplated by (i) the Elgin Sale and Leaseback Documents, and (ii) the University Park Sale and Leaseback Documents.
Appears in 1 contract