Sales and Leasebacks; Operating Leases. No Loan Party shall, or shall permit any Subsidiary of a Loan Party to, (a) enter into any arrangement, directly or indirectly, with any third party whereby such Loan Party or such Subsidiary, as applicable, shall sell or transfer any property, real or personal, whether now owned or hereafter acquired, and whereby such Loan Party or such Subsidiary, as applicable, shall then or thereafter rent or lease as lessee such property or any part thereof or other property which such Loan Party or such Subsidiary intends to use for substantially the same purpose or purposes as the property sold or transferred or (b) create, incur or suffer to exist, any obligations as lessee for the payment of rent for any real or personal property under leases or agreements to lease other than (A) Capitalized Leases permitted under Section 8.1 and (B) operating lease obligations incurred in the Ordinary Course of Business.
Sales and Leasebacks; Operating Leases. (a) None of Holdings, the Company or any of the Company's Subsidiaries shall enter into any Sale and Leaseback Transaction except to the extent otherwise permitted by Article X and in an aggregate amount not to exceed the amount specified in Section 9.01(g).
(b) None of Holdings, the Company or any of the Company's Subsidiaries shall become liable in any way, whether directly or by assignment or by Accommodation Obligation, for the obligations of a lessee under any Operating Lease unless, immediately after giving effect to the incurrence of liability with respect to such Operating Lease, the aggregate amount of all rents paid or accrued under all Operating Leases of Holdings, the Company and the Company's Subsidiaries (determined in conformity with GAAP) shall not exceed $4,000,000 in any Fiscal Year.
Sales and Leasebacks; Operating Leases. No Borrower Party shall, or shall permit any Subsidiary of a Borrower Party to, (a) enter into any arrangement, directly or indirectly, with any third party whereby such Borrower Party or such Subsidiary, as applicable, shall sell or transfer any property, real or personal, whether now owned or hereafter acquired, and whereby such Borrower Party or such Subsidiary, as applicable, shall then or thereafter rent or lease as lessee such property or any part thereof or other property which such Borrower Party or such Subsidiary intends to use for substantially the same purpose or purposes as the property sold or
Sales and Leasebacks; Operating Leases. (a) None of the -------------------------------------- Borrowers or any of their Subsidiaries shall enter into any Sale and Leaseback Transaction covering Property having a Fair Market Value in excess of $10,000,000 in the aggregate.
(b) During any Fiscal Year set forth below, neither the Company nor any of the Restricted Subsidiaries shall become liable in any way, whether directly or by assignment or by Accommodation Obligation, for the obligations of the lessee under any Operating Lease unless, immediately after giving effect to the incurrence of liability with respect to such Operating Lease, the aggregate amount of all rents paid or accrued under all such Operating Leases shall not exceed the amount set forth opposite such Fiscal Year, without taking into account any customary reimbursement for taxes, insurance, maintenance or other expenses: Fiscal Year Maximum Amount -------------------------------------------------------- -------------- Fiscal Year 1998 $35,000,000 Fiscal Year 1999 $37,000,000 Fiscal Year 2000 $39,000,000 Fiscal Year 2001 $42,000,000 Fiscal Year 2002 $44,000,000 Fiscal Year 2003 $47,000,000 Fiscal Year 2004 $50,000,000 Fiscal Year 2005 and each Fiscal Year thereafter $53,000,000
Sales and Leasebacks; Operating Leases. (a) Except as provided in Schedule 8.9, enter into any arrangement, directly or indirectly, with any third party whereby such Loan Party or such Subsidiary, as applicable, shall sell or transfer any property, real or personal, whether now owned or hereafter acquired, and whereby such Loan Party or such Subsidiary, as applicable, shall then or thereafter rent or lease as lessee such property or any part thereof or other property which such Loan Party or such Subsidiary intends to use for substantially the same purpose or purposes as the property sold or transferred or (b) create, incur or suffer to exist, any obligations as lessee for the payment of rent for any real or personal property under leases or agreements to lease other than operating lease obligations incurred in the Ordinary Course of Business.
Sales and Leasebacks; Operating Leases. (a) None of the Borrowers or any of their Subsidiaries (other than Keystone and the Leachate Subsidiary, but only if such Subsidiaries are Unrestricted Subsidiaries) shall enter into any Sale and Leaseback Transaction covering Property having a Fair Market Value in excess of $10,000,000 in the aggregate.
Sales and Leasebacks; Operating Leases. (a) None of the Borrowers or any of their Subsidiaries shall enter into any Sale and Leaseback Transaction covering Property having a Fair Market Value in excess of $10,000,000 in the aggregate.
(b) During any Fiscal Year set forth below, neither the Company nor any of the Restricted Subsidiaries shall become liable in any way, whether directly or by assignment or by Accommodation Obligation, for the obligations of the lessee under any Operating Lease unless, immediately after giving effect to the incurrence of liability with respect to such Operating Lease, the aggregate amount of all rents paid or accrued under all such Operating Leases shall not exceed the amount set forth opposite such Fiscal Year, without taking into account any customary reimbursement for taxes, insurance, maintenance or other expenses:
Sales and Leasebacks; Operating Leases. (a) None of the Company or any of its Subsidiaries shall enter into any Sale and Leaseback Transaction other than a Sale and Leaseback Transaction on terms and conditions satisfactory to the Administrative Agent relating to the sale and lease of Equipment where, after giving effect to such Sale and Leaseback Transaction, the aggregate Fair Market Value of all such Equipment sold does not exceed $10,000,000.
(b) None of the Company or any of its Subsidiaries shall become liable in any way, whether directly or by assignment or by Accommodation Obligation, for the obligations of a lessee under any Operating Lease unless, immediately after giving effect to the incurrence of liability with respect to such Operating Lease, the aggregate amount of all rents paid or accrued under all Operating Leases of the Company and its Subsidiaries as lessee (net of sublease income and determined in conformity with GAAP) shall not exceed $7,000,000 in any Fiscal Year.
Sales and Leasebacks; Operating Leases. Become liable, by assumption or otherwise, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed) (i) that such Borrower has sold or transferred or will sell or transfer to any other Person or (ii) that such Borrower intends to use for substantially the same purposes as any other asset which it has sold or transferred or will sell or transfer to any other Person in connection with such lease. No Borrower shall become liable in any way, whether directly or by assignment or otherwise, for the obligations of a lessee under any lease of any property (whether real, personal or mixed) by that Person as lessee which is not a Capitalized Lease unless, immediately after giving effect to the incurrence of liability with respect to such lease, the aggregate amount of the annual obligations and indebtedness of the Borrowers in respect of leases of property (whether real, personal or mixed) other than Capitalized Leases does not exceed $250,000.
