Common use of Leases Clause in Contracts

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 7 contracts

Samples: Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

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Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 4 contracts

Samples: Security Agreement (TCP International Holdings Ltd.), Security Agreement (TCP International Holdings Ltd.), Security Agreement (AutoWeb, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,000,000 in any one fiscal year in the aggregate for all BorrowersBorrower and any other Credit Party.

Appears in 4 contracts

Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,200,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 3 contracts

Samples: Security Agreement (Fairchild Corp), Security Agreement (Fairchild Corp), Security Agreement (Rheometric Scientific Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 3 contracts

Samples: Security Agreement (Hudson Technologies Inc /Ny), Term Loan and Security Agreement (U S Wireless Data Inc), Security Agreement (Small World Kids Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 2,500,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 3 contracts

Samples: Security Agreement (SMTC Corp), Security Agreement (Osteotech Inc), Security Agreement (Avatech Solutions Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 5,000,000 in any one fiscal year in the aggregate for all Borrowersaggregate.

Appears in 3 contracts

Samples: Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Security Agreement (Viant Technology Inc.), Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 7,500,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Security Agreement (Merisel Inc /De/), Security Agreement (Robotic Vision Systems Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,250,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 2 contracts

Samples: Security Agreement (Batteries Batteries Inc), Security Agreement (Parlux Fragrances Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 400,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties and their Subsidiaries.

Appears in 2 contracts

Samples: Security Agreement (Asv Holdings, Inc.), Term Loan and Security Agreement and Consent (Asv Holdings, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 5,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Comforce Corp), Security Agreement (Comforce Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 250,000 in any one fiscal year in the aggregate for all BorrowersBorrowers in excess of the lease payments in connection with the leases set forth in Schedule 7.11 hereto.

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Security Agreement (Phosphate Holdings, Inc.), Revolving Credit (Teamstaff Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof8.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,500,000 in any one (1) fiscal year in the aggregate for all BorrowersPurchaser.

Appears in 2 contracts

Samples: Installment Sale Agreement (SurgePays, Inc.), Installment Sale Agreement (KonaTel, Inc.)

Leases. Enter as lessee into any lease arrangement for real or ------ personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 6,000,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Credit and Security Agreement (Styrochem International Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 200,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties and their Subsidiaries.

Appears in 2 contracts

Samples: Security Agreement (Manitex International, Inc.), Security Agreement (A.S.V., LLC)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 2,750,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Security Agreement (Valuevision Media Inc), Term Loan Credit and Security Agreement (EVINE Live Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,000,000.00 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Revolving Credit (Allied Motion Technologies Inc), Term Loan and Security Agreement (Allied Motion Technologies Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 7,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 2 contracts

Samples: Loan and Security Agreement (Appliance Recycling Centers of America Inc /Mn), Term Loan and Security Agreement (Appliance Recycling Centers of America Inc /Mn)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 850,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 2 contracts

Samples: Security Agreement (Dreamlife Inc), Security Agreement (Terrace Holdings Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 4,700,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Valuevision Media Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (Champion Parts Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 3,500,000 with respect to real property leases or $4,000,000 with respect to personal property leases in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (Berliner Communications Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Integrated Biopharma Inc)

Leases. Enter as lessee into any new lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all new leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Loan and Security Agreement (Warner Chilcott PLC)

Leases. Enter as lessee into any lease arrangement for real or personal property Property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 350,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Credit Agreement (Cold Metal Products Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one fiscal year exceed $18,500,000 inclusive of Xxxxxxx and $14,000,000 excluding Xxxxxxx in the aggregate for all BorrowersCredit Parties.

Appears in 1 contract

Samples: Sunsource Inc

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all Borrowers.. ARTICLE XXII

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Health Chem Corp

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.8(b)) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 5,000,000 in any one (1) fiscal year in the aggregate for all BorrowersHoldings and its Subsidiaries on a Consolidated Basis.

Appears in 1 contract

Samples: Security Agreement (Sypris Solutions Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 2,500,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Intcomex, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased real and personal property would exceed $2,000,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (P&f Industries Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed Twenty-Five Million and 00/100 Dollars ($2,000,000 25,000,000.00) in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 1 contract

Samples: Security Agreement (Allegheny Technologies Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one (i) $ 12,500,000 for fiscal year in the aggregate 2008; (ii) $15,000,000 for all Borrowersfiscal year 2009; and (iii) $17,500,000 for fiscal year 2010 and for any fiscal year thereafter.

Appears in 1 contract

Samples: Security Agreement (Apac Customer Service Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 7,500,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Credit and Security Agreement (Radnor Holdings Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,200,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Centurion Wireless Technologies Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Cygne Designs Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 7,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Dreams Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 16,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Lesco Inc/Oh)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,000,000 in any one fiscal year in the aggregate for all Borrowers, subject to reasonable annual escalations.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Zanett Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,500,000 in any one fiscal year in the aggregate for all Borrowers(exclusive of any rent required to replace Borrower's Hauppauge, N.Y. or Fort Worth, TX premises, if sold).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Hirsch International Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all BorrowersFiscal Year.

Appears in 1 contract

Samples: Guarantee and Security Agreement (EVmo, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 2,500,000 in any one fiscal year Fiscal Year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Brightstar Corp.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 800,000 in any one fiscal year in the aggregate for all BorrowersBorrowers on an aggregate basis."

Appears in 1 contract

Samples: Second Amendment Agreement (Semx Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,000,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Signal Apparel Company Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (Robotic Vision Systems Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property Property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property Property would exceed $2,000,000 250,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (Perma Fix Environmental Services Inc)

Leases. Enter as lessee into any lease arrangement for real or personal ------ property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 4,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Air Methods Corp

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 7.5 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Credit and Security Agreement (Prima Group International Inc)

Leases. Enter as lessee into any lease arrangement not currently existing for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all additional leased property would exceed $2,000,000 100,000 in any one fiscal year in the aggregate for all Borrowersyear. 7.12.

Appears in 1 contract

Samples: Credit, Term Loan And Security Agreement (Measurement Specialties Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 12,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if if, after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 18,000,000 in any one fiscal year in the aggregate for all BorrowersCredit Parties."

Appears in 1 contract

Samples: Guaranty and Security Agreement (Sunsource Inc)

Leases. Enter as lessee into any new lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all new leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Warner Chilcott PLC)

Leases. (a) Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (PDS Financial Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 30,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (UniTek Global Services, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property of the Credit Parties in any Fiscal Year would exceed $2,000,000 in any one fiscal year in the aggregate for all Borrowers.1,335,000. ​

Appears in 1 contract

Samples: And Security Agreement (Williams Industrial Services Group Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all BorrowersBorrowers except to the extent in effect on the Closing Date or which are entered into to replace or renew existing leases."

Appears in 1 contract

Samples: Waiver And (Enservco Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 2,400,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Gaiam, Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental 147420493 payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Virco MFG Corporation)

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Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 1 contract

Samples: Credit and Security Agreement (CVSL Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 15,000,000 in any one fiscal year in the aggregate for all BorrowersCredit Parties.

Appears in 1 contract

Samples: Security Agreement (Sunsource Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property (unless capitalized and permitted under Section 7.6 hereof) would exceed $2,000,000 4,800,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Credit and Security Agreement (Frontstep Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed Two Hundred Fifty Thousand and 00/100 Dollars ($2,000,000 250,000.00) in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 1 contract

Samples: And (Blonder Tongue Laboratories Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 $ 12,000,000 in any one fiscal year in the aggregate for all BorrowersBorrower and its Affiliates.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereofcapitalized) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 175,000 in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Security Agreement (Blonder Tongue Laboratories Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 15,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Hutchinson Technology Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 4,500,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Sparton Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section Sections 7.6 hereofand 7.8) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 15,000,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties and their Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Express Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate 53 annual rental payments for all leased property would exceed $2,000,000 8,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Foster L B Co)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all BorrowersBorrower, without the consent of Agent.

Appears in 1 contract

Samples: Security Agreement (Goodman Networks Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed Two Million Dollars ($2,000,000 2,000,000.00) in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (HMG Worldwide Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed Forty-Two Million Dollars ($2,000,000 42,000,000) in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 1 contract

Samples: Security Agreement (Lesco Inc/Oh)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 10,000,000 in any one fiscal year in the aggregate for all BorrowersFiscal Year.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (Aaf McQuay Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.8) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 4,500,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted except as provided under Section 7.6 7.6(b) hereof) if if, after giving effect thereto, the aggregate annual rental payments for all such leased property would exceed $2,000,000 8,500,000.00 in any one given fiscal year in the aggregate for all Borrowersyear).

Appears in 1 contract

Samples: Credit and Security Agreement (Input Output Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof1.6 of this Schedule 5.4) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties.

Appears in 1 contract

Samples: Securities Purchase Agreement (Integrated Biopharma Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 250,000 in any one fiscal year in the aggregate for Borrower exclusive of any and all Borrowersamounts paid by the Borrower as lease payments with regard to the Sale and Lease-Back Premises.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Air Industries Group, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 5,000,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Credit and Security Agreement (Cold Metal Products Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 350,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Allstate Financial Corp /Va/)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 250,000 in any one fiscal year in the aggregate for Borrower exclusive of any and all Borrowersamounts paid by the Borrower as lease payments with regard to the Mortgaged Premises if it enters into a sale and lease-back transaction with regard to the Mortgaged Premises.

Appears in 1 contract

Samples: Security Agreement (Ashlin Development Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 900,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (NYTEX Energy Holdings, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized capitalised and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 6,000,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 150,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Eos International Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all BorrowersFiscal Year.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Pietrafesa Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 750,000 in any one fiscal year in the aggregate for all BorrowersBorrwers on an aggregate basis.

Appears in 1 contract

Samples: Security Agreement (Semx Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section Sections 7.6 hereofand 7.8) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties and their Subsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Winnebago Industries Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 6,200,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Credit, Term Loan and Security Agreement (Appliance Recycling Centers of America Inc /Mn)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 in any one fiscal year exceed, in the aggregate for all Borrowers, for any fiscal year, the sum of $7,500,000.

Appears in 1 contract

Samples: Security Agreement (Katy Industries Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 25,000,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (UniTek Global Services, Inc.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 250,000 in any one fiscal year in the aggregate for all BorrowersBorrowers except to the extent in effect on the date hereof or which are entered into to replace or renew existing leases.

Appears in 1 contract

Samples: Security Agreement (Enservco Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 100,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Meridian Sports Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof7.6) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 1,300,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if if, after giving effect thereto, the aggregate annual rental payments for all Borrowers for all leased property for any Fiscal Quarter would exceed $2,000,000 in any one fiscal year 2,974,538 in the aggregate for all Borrowersaggregate.

Appears in 1 contract

Samples: Credit and Security Agreement (Verso Technologies Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereofhereof or unless the lease involved is an automobile lease) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 500,000.00 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Gencor Industries Inc)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 100,000 in any one fiscal year in the aggregate for all BorrowersLoan Parties. 7.12.

Appears in 1 contract

Samples: Cca Industries Inc

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 200,000 in any one fiscal year in the aggregate for all Borrowers.

Appears in 1 contract

Samples: Security Agreement (Hybrook Resources Corp.)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed $2,000,000 9,000,000 in any one fiscal year in the aggregate for all Borrowersyear.

Appears in 1 contract

Samples: Security Agreement (Radnor Holdings Corp)

Leases. Enter as lessee into any lease arrangement for real or personal property (unless capitalized and permitted under Section 7.6 hereof) if after giving effect thereto, aggregate annual rental payments for all leased property would exceed Seventy Five Thousand Dollars ($2,000,000 75,000) in any one fiscal year in the aggregate for all BorrowersBorrower.

Appears in 1 contract

Samples: Subordination Agreement (Obsidian Enterprises Inc)

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