Common use of Limitation on Sale and Lease-Back Transactions Clause in Contracts

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 and 4.10.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a board resolution of the Company and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.06.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a Board Resolution of the Company and (ii) the Company or could incur Indebtedness in an amount equal to the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.06.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined in good faith by the Company's board of directors and evidenced by a board resolution and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.06.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Subsidiary of its Subsidiaries to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold and (ii) immediately prior to and after giving effect to the Attributable Indebtedness in respect of such Sale and Lease-Back Transaction, the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions could incur at least $1.00 of Sections 4.03, 4.04 and 4.10additional Indebtedness (other than Permitted Indebtedness) in compliance with Section 4.9 hereof.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03Section 4.4, 4.04 4.16 and 4.104.17.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a Board Resolution of the Company, and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and Lease-Back Transaction in compliance with Section 4.10.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.06.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Leaseback Transaction unless (i) the net proceeds from such of the Sale and Lease-Back Leaseback Transaction are at least equal to the Fair Market Value sum of such Property being transferred and (ii) all costs incurred by the Company or such any Subsidiary would have been permitted in connection with the acquisition of, and construction of any improvements on, the Principal Property to enter into such transaction under the provisions of Sections 4.03, 4.04 and 4.10.be leased and:

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary of its Restricted Subsidiaries to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value of such Property being transferred the property sold and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted Sale and Lease-Back Transaction in compliance with Section 4.3. The foregoing restrictions shall not apply to enter into such transaction under the provisions of Sections 4.03, 4.04 Exempt Sale and 4.10Lease-Back Transaction.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by the Board of Directors of the Company and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 1011.

Limitation on Sale and Lease-Back Transactions. (a) The Company will shall not, and will not nor shall it permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable into any Sale and Lease-Back Transaction with respect to any Principal Property unless the aggregate amount of all Attributable Debt with respect to such transactions, together with all Debt outstanding pursuant to Section 4.2(a) above, would not exceed 10% of Consolidated Total Assets; provided, however, that the foregoing restrictions shall not apply to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 and 4.10.if:

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Restricted Subsidiary of the Company to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a board resolution of the Company and (ii) the Company or could incur the Attributable Debt in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections Sale and Lease-Back Transaction in compliance with Section 4.03, 4.04 and 4.10.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such the Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 and 4.10tests described under Section 1009 hereof.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.034.3, 4.04 4.4 and 4.10.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined, in good faith, by the Board of Directors of the Company and (ii) the Company or such Subsidiary would have been permitted to enter into Restricted Subsidiary, as the case may be, could incur the Attributable Indebtedness in respect of such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.06 hereof.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to to, any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of covenants described in Sections 4.034.12, 4.04 4.13 and 4.104.17.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Subsidiary of its Subsidiaries to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined in good faith by the Board of Directors of the Company and evidenced by a board resolution; and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10.Lease-Back Transaction in compliance with Section 4.06 above. 56 -49-

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a Board Resolution of the Company, and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and Lease- Back Transaction in compliance with Section 4.10.

Limitation on Sale and Lease-Back Transactions. The Company will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a Board Resolution of the Company, and (ii) the Company or could incur the 57 -50- Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and Lease- Back Transaction in compliance with Section 4.10.

Limitation on Sale and Lease-Back Transactions. The Company Xxxxxx Xxxxx will not, and will not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by a Board Resolution of Xxxxxx Xxxxx, and (ii) Xxxxxx Xxxxx or a Restricted Subsidiary could incur the Company or Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.6.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Restricted Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value of such Property being transferred the property sold, and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.12.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Subsidiary of its Subsidiaries to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to into any Sale and Lease-Back Transaction unless (i) the proceeds from consideration received in such Sale and Lease-Back Transaction are is at least equal to the Fair Market Value fair market value of such Property being transferred the property sold, as determined by the Board of Directors in good faith, and (ii) the Company or could incur the Attributable Indebtedness in respect of such Subsidiary would have been permitted to enter into such transaction under the provisions of Sections 4.03, 4.04 Sale and 4.10Lease-Back Transaction in compliance with Section 4.8.

Limitation on Sale and Lease-Back Transactions. The Company will shall not, and will shall not permit any Subsidiary to, directly or indirectly, enter into, assume, guarantee or otherwise become liable with respect to any Sale and Lease-Back Transaction unless (i) the proceeds from such Sale and Lease-Back Transaction are at least equal to the Fair Market Value of such Property being transferred and (ii) the Company or such Subsidiary would have been permitted to enter into such transaction under the provisions of covenants described in Sections 4.034.12, 4.04 4.13 and 4.104.17.