Common use of Leasebacks Clause in Contracts

Leasebacks. The Borrower will not, and will not permit any of its Subsidiaries, other than Excluded Future Subsidiaries, to, enter into any arrangement with any lender or investor providing for the leasing to the Borrower or such Subsidiary of any property (i) which at the time has been or is to be sold or transferred by the Borrower or such Subsidiary to such lender or investor or to any Person to whom funds have been or are to be advanced by such lender or investor on the security of such property or rental obligations of the Borrower or such Subsidiary; or (ii) which has been or is being acquired from another Person by such lender or investor or, if real property, on which one or more buildings have been or are to be constructed by such lender or investor, for the purpose of leasing the same to the Borrower or such Subsidiary except for (A) leasebacks existing on the date hereof and specified in Schedule 7.2(s), and leases of the same property from other owners and (B) leasebacks which would constitute Non-Recourse Debt if the related lease obligations constituted Indebtedness.

Appears in 2 contracts

Sources: Loan and Security Agreement (Chi Energy Inc), Loan and Security Agreement (Chi Energy Inc)