Common use of New Leases Clause in Contracts

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 5-7 and 5-10. From and after the Closing Date, none of the Borrowers will, and none of the Borrowers will permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries under all such leases entered into during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Administrative Agent, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Administrative Agent on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 57-7 and 57-10. From and after the Closing Date, none of the Borrowers will, and none of the Borrowers will permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries under all such leases entered into during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Administrative Agent, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Administrative Agent on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 57-7 and 57-108. From and after the Closing Date, none of the Borrowers willEach Borrower will not, and none of the Borrowers will not permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into during such in any fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal yearyear after the Closing Date; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Administrative AgentAgents, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Administrative Agent Agents on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 57-7 and 57-108. From and after the Closing Date, none of the Borrowers willEach Borrower will not, and none of the Borrowers will not permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the Maturity Date under all such leases entered into during such fiscal year after the Closing Date then in effect shall exceed $2,000,000 in the aggregate in such any fiscal yearyear after the Closing Date; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Administrative AgentAgents, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Administrative Agent Agents on any existing or new leased location occupied by any Borrower.

New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 56-7 and 56-10. From and after the Closing Date, none of the Borrowers will, and none of the Borrowers will permit any Subsidiary to, enter into any new lease during any fiscal year (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries under all such leases entered into during such fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's ’s customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Administrative Agent, the Lead Borrower will obtain a landlord's ’s waiver reasonably acceptable to the Administrative Agent on any existing or new leased location occupied by any Borrower.