Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 11 contracts
Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc), Credit Agreement (Alion Science & Technology Corp)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 7 contracts
Samples: Revolving Credit Agreement (Energizer Holdings Inc), Credit Agreement (Energizer Holdings Inc), Revolving Credit Agreement (Energizer Holdings Inc)
Sales and Leasebacks. Neither the Borrower Company nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(Bsection 10.3(b) and the lease involved is not prohibited under Section 7.3(Asection 10.3(a) and any related Investment is not prohibited under Section 7.3(Dsection 10.3(d).
Appears in 5 contracts
Samples: Mezzanine Note Securities Purchase Agreement (Alion Science & Technology Corp), Mezzanine Note Securities Purchase Agreement (Alion Science & Technology Corp), Mezzanine Note Securities Purchase Agreement (Alion Science & Technology Corp)
Sales and Leasebacks. Neither Except as set forth on Schedule 1.1.1, neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 4 contracts
Samples: Credit Agreement (Steiner Leisure LTD), Credit Agreement (Steiner Leisure LTD), Credit Agreement (Steiner Leisure LTD)
Sales and Leasebacks. Neither the Borrower Company nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Capital Lease, of any property (whether real or personal or mixed), (ia) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (iib) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) 10.2 and the lease involved is not prohibited under Section 7.3(A) 10.1 and any related Investment is not prohibited under Section 7.3(D)10.4.
Appears in 3 contracts
Samples: Note Purchase and Private Shelf Agreement (Schawk Inc), First Amendment (Schawk Inc), Note Purchase Agreement (Schawk Inc)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) ). Transactions or payments pursuant to the Tax Incentive Program shall not be considered sale and any related Investment is not prohibited under Section 7.3(D)leaseback transactions hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Printpack Inc), Credit Agreement (Printpack Inc)
Sales and Leasebacks. Neither the Borrower Company nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) 6.02 and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D)6.01.
Appears in 2 contracts
Samples: Credit Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (EDGEWELL PERSONAL CARE Co)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease, a synthetic lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 2 contracts
Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co)
Sales and Leasebacks. Neither the Borrower Company nor any of its ---------------------- Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating Operating Lease, a synthetic lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B6.3(B) and the -------------- lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D6.3(A).. ---------------
Appears in 2 contracts
Samples: Credit Agreement (Agribrands International Inc), Long Term Credit Agreement (Agribrands International Inc)
Sales and Leasebacks. Neither the Borrower Brightpoint nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease Operating Lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B6.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D6.3(A).
Appears in 2 contracts
Samples: Security Agreement (Brightpoint Inc), Multicurrency Credit Agreement (Brightpoint Inc)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease, a synthetic lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and excluding any related Investment is not prohibited under Section 7.3(D)sale and leaseback transactions involving motor vehicles.
Appears in 2 contracts
Samples: Credit Agreement (Finishmaster Inc), Credit Agreement (Finishmaster Inc)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section SECTION 7.3(B) and the lease involved is not prohibited under Section SECTION 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 2 contracts
Samples: Credit Agreement (Homeusa Inc), Credit Agreement (Binks Sames Corp)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease Operating Lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B6.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D6.3(A).
Appears in 2 contracts
Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 2 contracts
Samples: Credit Agreement (FTD Corp), Credit Agreement (Binks Sames Corp)
Sales and Leasebacks. Neither the Borrower Company nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and ), the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 1 contract
Samples: Credit Agreement (Plexus Corp)
Sales and Leasebacks. Neither the The Borrower nor shall not, and shall not permit any of its Subsidiaries shall other Loan Party to, become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease Operating Lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it the Borrower or one of its Subsidiaries the Loan Parties sold or transferred or is to sell or transfer to any other Person, or (ii) which it the Borrower or one of its Subsidiaries the Loan Parties intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it the Borrower or one of its Subsidiaries the Loan Parties to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(BSECTION 6.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(DSECTION 6.3(A).
Appears in 1 contract
Sales and Leasebacks. Neither the Borrower Holdings nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease Operating Lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B6.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D6.3(A).
Appears in 1 contract
Samples: Credit Agreement (Aas Capital Corp)
Sales and Leasebacks. Neither Except as set forth on Schedule 1.1.1, neither the Borrower Parent nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 1 contract
Sales and Leasebacks. Neither the Borrower nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) 6.02 and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D)6.01.
Appears in 1 contract
Sales and Leasebacks. Neither None of the Borrower Borrowers nor any of its their respective Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it they or one of its their respective Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it they or one of its their respective Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it them or one of its their respective Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section SECTION 7.3(B) and the lease involved is not prohibited under Section SECTION 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 1 contract
Samples: Credit Agreement (American Architectural Products Corp)
Sales and Leasebacks. Neither the Borrower nor any of its respective Subsidiaries shall become liable, directly, by assumption or by Contingent Obligationassumption, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it they or one of its their Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it they or one of its their Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it them or one of its their Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 1 contract
Sales and Leasebacks. Neither the Borrower Parent nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) 6.02 and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D)6.01.
Appears in 1 contract
Sales and Leasebacks. Neither the Borrower Company nor any of its Subsidiaries shall become liable, directly, by assumption or by Contingent Obligation, with respect to any lease, whether an operating lease or a Capitalized Lease, of any property (whether real or personal or mixed), ) (i) which it or one of its Subsidiaries sold or transferred or is to sell or transfer to any other Person, or (ii) which it or one of its Subsidiaries intends to use for substantially the same purposes as any other property which has been or is to be sold or transferred by it or one of its Subsidiaries to any other Person in connection with such lease, unless in either case the sale involved is not prohibited under Section 7.3(B) and the lease involved is not prohibited under Section 7.3(A) and any related Investment is not prohibited under Section 7.3(D).
Appears in 1 contract