Sale and Leaseback Transactions. Enter into any arrangement, directly or indirectly, with any Person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property which it intends to use for substantially the same purpose or purposes as the property being sold or transferred unless (A) (i) the sale of such property is permitted by [Section 8.04] and # any capital lease obligations or Liens arising in connection therewith are permitted by Sections 8.02 and 8.011], respectively or # in respect of property acquired after the Closing Date, such transaction (a “Permitted Sale Leaseback Transaction”) is consummated within 365 days of such acquisition of property.

SECTION # Sale and LeasebackLease-Back Transactions. Enter into any arrangement, directly or indirectly, with any Person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property whichthat it intends to use for substantially the same purpose or purposes as the property being sold or transferred unless (A) (i) the sale of(a “Sale and Lease-Back Transaction”), except for any such property is permitted by [Section 8.04]Sale and # any capital lease obligations or Liens arising in connection therewith are permitted by Sections 8.02 and 8.011], respectively or # in respect of property acquired after the Closing Date, such transaction (a “Permitted Sale Leaseback Transaction”) is consummated within 365 days of such acquisition of property.Lease-Back Transaction

SECTION # Sale and LeasebackLease-Back Transactions. Enter into any arrangement, directly or indirectly, with any Person whereby it shall sellsells or transfertransfers any property, other than Inventory, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rentrents or leaseleases such property or other property whichthat it intends to use for substantially the same purpose or purposes as the property being sold or transferred unless (A) (i)(a “Sale and Lease-Back Transaction”), except Sale and Lease-Back Transactions with respect to any property owned by the sale of such property is permitted by [Section 8.04] and #Borrower Representative or any capitalRestricted Subsidiary if at the time the lease obligations or Liens arising in connection therewith are permitted by Sections 8.02is entered into, and 8.011], respectively or # in respect of property acquired after giving effect to the Closing Date, such transaction (a “Permitted Sale Leaseback Transaction”) is consummated within 365 daysentering into of such acquisitionlease, the aggregate Remaining Present Values of property.such lease and all other leases in connection with Sale and Lease-Back Transactions made pursuant to this Section would not exceed $25.0 million.

SECTION # Sale and LeasebackLease-Back Transactions. Enter into any arrangement, directly or indirectly, with any Person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property whichthat it intends to use for substantially the same purpose or purposes as the property being sold or transferred unless (A) (i)(a “Sale and Lease-Back Transaction”), except for any such Sale and Lease-Back Transaction # entered into by the sale of such property is permitted by [Section 8.04] and #Borrower or any capital lease obligations or Liens arising in connection therewith are permitted by Sections 8.02 and 8.011], respectively or #Subsidiary in respect of propertyany fixed or capital assets # acquired or constructed by the Borrower or any Subsidiary after the Closing Date,Effective Date and # sold or transferred by the Borrower or any Subsidiary for cash consideration in an amount not less than the fair value of such transaction (a “Permitted Sale Leaseback Transaction”) isfixed or capital asset and # consummated within 36590 days after the Borrower or such Subsidiary acquires or completes the construction of such acquisitionfixed or capital asset; provided that at the time of property.consummation of such Sale and Lease-Back Transaction and after giving effect thereto, # the Borrower is in compliance with the Financial Covenants calculated on a Pro Forma Basis as of the last day of the most recently ended Test Period and # in the case of any Sale and Lease-Back Transaction consummated during the Covenant Relief Period, the Net Leverage Ratio shall not exceed 3.75 to 1.00 calculated on a Pro Forma Basis as of the last day of the most recently ended Test Period.

Sale and Leaseback Transactions.Leasebacks. Enter into any arrangement, directly or indirectly,arrangement with any Person whereby it shall sellproviding for the leasing by the Company or transfer any property,Subsidiary of real or personal, usedpersonal property that has been or useful in its business, whether now ownedis to be sold or hereafter acquired, and thereafter renttransferred by the Company or leasesuch Subsidiary to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or other property which it intends to use for substantiallyrental obligations of the same purposeCompany or purposes assuch Subsidiary unless such arrangement is entered into in connection with the property being sold or transferred unless (A) (i)financing of the saleacquisition of such property isthrough the proceeds of a capital lease permitted by [Section 8.04]7.03(g)(i)] and # any capital lease obligationsthe sale or Liens arising in connection therewith are permitted by Sections 8.02 and 8.011], respectively or # in respect of property acquired after the Closing Date, such transaction (a “Permitted Sale Leaseback Transaction”) is consummated within 365 daystransfer of such property occurs within thirty days following the acquisition thereof by the Company or any of property.its Subsidiaries.