Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 93 contracts
Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement by And (CPS Technologies Corp/De/), Credit Agreement (Green Plains Renewable Energy, Inc.)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 6 contracts
Samples: Credit Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\), Credit Agreement (Landec Corp \Ca\)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Management Agreement (REX AMERICAN RESOURCES Corp), Loan and Security Agreement (Millennium Ethanol, LLC)
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 5 contracts
Samples: Credit and Security Agreement (Orion Energy Systems, Inc.), Credit and Security Agreement (Smtek International Inc), Credit and Security Agreement by And (Miscor Group, Ltd.)
Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Borrowers shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends Borrowers intend to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 5 contracts
Samples: Credit and Security Agreement (Pacific Cma Inc), Foreign Accounts Credit and Security Agreement (Synergetics Usa Inc), Patent, Trademark and License Collateral Assignment and Security Agreement (Synergetics Usa Inc)
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the any Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 5 contracts
Samples: Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Global Employment Holdings, Inc.), Credit and Security Agreement (Misonix Inc)
Sale and Leaseback. The Borrower will not enter into sell, transfer or otherwise dispose of any arrangementreal or personal property to any Person and thereafter, in connection therewith, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially back the same purpose or purposes as the property being sold or transferredsimilar property.
Appears in 4 contracts
Samples: Line of Credit, Security and Pledge Agreement (Allied Capital Lending Corp), Credit, Security and Pledge Agreement (Allied Capital Lending Corp), Credit Agreement (Allied Capital Corp)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee back such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 3 contracts
Samples: Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD), Credit Agreement (Textainer Group Holdings LTD)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly direct or indirectlyindirect, with any other Person whereby the Borrower it shall sell or transfer any property, real or personal propertypersonal, and used or useful in its business, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Saddlebrook Resorts Inc), Loan Agreement (Jagged Peak, Inc.)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower it shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 3 contracts
Samples: Loan Agreement (Titan Machinery Inc.), Loan Agreement (Titan Machinery Inc.), Loan Agreement (Titan Machinery Inc.)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 3 contracts
Samples: Construction Loan Agreement (CNL Growth Properties, Inc.), Construction Loan Agreement, Construction Loan Agreement
Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the pursuant to which Borrower shall sell or transfer any real or personal property, whether owned now owned or hereafter acquiredacquired in the future, and then or thereafter rent or lease as lessee all or part of such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Loan and Security Agreement (InterMetro Communications, Inc.), Credit and Security Agreement (Command Security Corp)
Sale and Leaseback. The Borrower will not directly or indirectly enter into any agreement or arrangement, directly or indirectlyas a lessee, with any other Person whereby providing for the Borrower shall sell sale or transfer by it of any real or personal property, whether property (now owned or hereafter acquired, ) to a Person and then the subsequent lease or thereafter rent or lease as lessee rental of such property or any part thereof or any other similar property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferredfrom such Person.
Appears in 2 contracts
Samples: Credit Agreement (Resource America Inc), Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the a Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Credit and Term Loan Agreement (Iesi Corp), Revolving Credit and Term Loan Agreement (Iesi Tx Corp)
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the that Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the that Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Credit and Security Agreement (Luminant Worldwide Corp), Credit and Security Agreement (Leather Factory Inc)
Sale and Leaseback. The Borrower will not enter into any ------------------ arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Data National Corp)
Sale and Leaseback. The Borrower None of the Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which the that such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Credit Agreement (Nationsrent Inc), Credit Agreement (Nationsrent Inc)
Sale and Leaseback. The Borrower will not enter into ------------------ any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Bentley International Inc)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, other than in connection with Permitted Equipment Financing.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now nor owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby pursuant to which the Borrower shall sell or transfer any real or personal property, whether owned now owned or hereafter acquiredacquired in the future, and then or thereafter rent or lease as lessee all or part of such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal propertyproperty (other than Equipment), whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Credit and Security Agreement (Ramtron International Corp)
Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now Property owned or hereafter acquired, and by it in order then or thereafter rent to lease such Property or lease as lessee such property or any part thereof or any other property which the that Borrower intends to use for substantially the same purpose or purposes as the property Property being sold or transferred.
Appears in 1 contract
Samples: Loan Agreement (Omnipoint Corp \De\)
Sale and Leaseback. The Each Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Credit and Security Agreement (Microtel International Inc)
Sale and Leaseback. The Other than Model Unit sale and leasebacks, as provided herein, Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, except for the sale and leaseback of equipment occurring within thirty (30) days after Borrower's purchase of such equipment.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly direct or indirectlyindirect, with any other Person whereby the Borrower it shall sell or transfer the Premises or any other property, real or personal propertypersonal, and used or useful in its business, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower Borrowers will not enter into any arrangement, directly or indirectly, with any other Person whereby the any Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Loan and Security Agreement (Vein Associates of America Inc)
Sale and Leaseback. The Borrower will not not, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and the Mortgaged Property (as defined in the Revolving Agreement) in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter -------------------- into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Except for Equipment Leases permitted hereunder, the Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower theBorrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Credit and Security Agreement (Leather Factory Inc)
Sale and Leaseback. The Borrower will not not, enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and the Mortgaged Property in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Neither the Borrower nor the Parent will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower it shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower it intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred, other than sale and leaseback transactions of Aircraft.
Appears in 1 contract
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)
Sale and Leaseback. The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Sale and Leaseback. The No Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the such Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the such Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.. Section 1.72
Appears in 1 contract
Samples: Credit and Security Agreement
Sale and Leaseback. The Borrower will not enter ------------------- into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Credit and Security Agreement (Primesource Healthcare Inc)
Sale and Leaseback. The Borrower will not enter ------------------ into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Credit and Security Agreement (Act Teleconferencing Inc)
Sale and Leaseback. 39 The Borrower will not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower Borrower shall sell or transfer any real or personal property, whether now property owned or hereafter acquired, and by it in order then or thereafter rent or to lease as lessee such property or any part thereof or any lease other property which that the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)
Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, property and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Loan Agreement (Paper Warehouse Inc)
Sale and Leaseback. The Borrower will shall not enter into any arrangement, directly or indirectly, with any other Person whereby the Borrower shall sell or transfer any real or personal property, whether now owned or hereafter acquired, property and then or thereafter rent or lease as lessee such property or any part thereof or any other property which the Borrower intends to use for substantially the same purpose or purposes as the property being sold or transferred.
Appears in 1 contract
Samples: Nexar Technologies Inc
