Examples of Attributable Value in a sentence
Neither the Company nor any of its Subsidiaries shall enter into any Sale and Leaseback Transaction, except that the Company or any Subsidiary may enter into a Sale and Leaseback Transaction if, immediately prior thereto, and after giving effect to such Sale and Leaseback Transaction (the Indebtedness thereunder being equivalent to the Attributable Value thereof) the Company could incur at least $1.00 of additional Indebtedness (other than Permitted Indebtedness) in compliance with Section 4.12.
Notwithstanding the foregoing, the Company or any Principal Subsidiary may enter into a Sale and Lease-Back Transaction which would otherwise be prohibited by this Section 1009 to the extent that the Attributable Value thereof, together with all indebtedness secured by Liens permitted pursuant to the last paragraph of Section 1008 and the Attributable Value of all other Sale and Lease-Back Transactions permitted by this paragraph, does not exceed 10% of Consolidated Net Tangible Assets of the Company.
For the avoidance of doubt, the calculation of the Indenture Threshold Amount at any date of determination shall take into account all outstanding Attributable Value (as defined in each Senior Note Indenture) of all Sale and Lease-Back Transactions (as defined in each Senior Note Indenture) permitted pursuant to the last paragraph of Section 1009 of each Senior Note Indenture as of such date and all Indebtedness (as defined in each Senior Note Indenture) of Wendy’s International, Inc.
Notwithstanding the foregoing, the Company may enter into Sale-Leaseback Transactions; provided, however, that (a) the Attributable Value of such Sale-Leaseback Transaction shall be deemed to be Indebtedness of the Company and (b) after giving pro forma effect to any such Sale-Leaseback Transaction and the foregoing clause (a), the Company would be able to incur One Dollar ($1.00) of additional Indebtedness (other than Permitted Indebtedness) pursuant to paragraph (a) of Section 5.1.
Notwithstanding the foregoing, the Company or any Domestic Subsidiary may enter into a Sale and Lease-Back Transaction which would otherwise be prohibited by this Section 1009 to the extent that the Attributable Value thereof, together with all indebtedness secured by Liens permitted pursuant to the last paragraph of Section 1008 and the Attributable Value of all other Sale and Lease-Back Transactions permitted by this paragraph, does not exceed 15% of Consolidated Capitalization.