Common use of Sales and Lease-Backs Clause in Contracts

Sales and Lease-Backs. Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Party), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary to any Person (other than another Credit Party) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower Company or any Restricted Subsidiary of its Subsidiaries (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyCompany or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower Company or a Restricted Subsidiary any of its Subsidiaries to any Person (other than another Credit PartyCompany or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. Borrower The Company shall not, nor and shall it not permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower the Company or any Restricted such Subsidiary (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Partythe Company or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit Partythe Company or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries or the European Group Members to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Group Member (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyHoldings or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Group Member to any Person (other than another Credit PartyHoldings or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Credit Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Party), Holdings or any of its Subsidiaries to the extent otherwise permitted hereunder) or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit PartyHoldings or any of its Subsidiaries to the extent otherwise permitted hereunder) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Loan Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary a Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyHoldings or any of its Restricted Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Loan Party to any Person (other than another Credit PartyHoldings or any of its Restricted Subsidiaries) in connection with such leaselease (each, a “Sale and Leaseback Transaction”).

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower Company or any Restricted Subsidiary of its Subsidiaries (a) has sold or transferred 80 87 or is to sell or to transfer to any other Person (other than another Credit PartyCompany or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower Company or a Restricted Subsidiary any of its Subsidiaries to any Person (other than another Credit PartyCompany or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to factoring, declaring a trust in, or discounting any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Credit Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Partyany Abitibi Entity), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit Partyany Abitibi Entity) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Credit Party (aA) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Party), Holdings or any of its Subsidiaries to the extent otherwise permitted hereunder) or (bB) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit PartyHoldings or any of its Subsidiaries to the extent otherwise permitted hereunder) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as a lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower Company or any Restricted Subsidiary of its Subsidiaries (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyCompany or any of its Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower Company or a Restricted Subsidiary any of its Subsidiaries to any Person (other than another Credit PartyCompany or any of its Subsidiaries) in connection with such lease.

Sales and Lease-Backs. Borrower shall notNeither Holdings nor Company shall, nor shall it they permit any of its the Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Person (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyHoldings, Company or any of its Restricted Subsidiaries), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit PartyHoldings, Company or any of its Restricted Subsidiaries) in connection with such lease.

Sales and Lease-Backs. No Borrower shall notshall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which such Borrower or any Restricted Subsidiary (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit Party), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by such Borrower or a Restricted Subsidiary to any Person (other than another Credit Party) in connection with such lease.. 143

Sales and Lease-Backs. Borrower shall notNo Credit Party shall, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which Borrower or any Restricted Subsidiary such Credit Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than another Credit PartyHoldings or any of its Subsidiaries), except pursuant to a sublease, or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by Borrower or a Restricted Subsidiary such Credit Party to any Person (other than another Credit PartyHoldings or any of its Subsidiaries) in connection with such lease.