Transactions similar to security. The Borrower shall not, and shall procure that no other member of the Group will sell, transfer or otherwise dispose of any of its assets on terms whereby it is or may be leased to or re-acquired or acquired by a member of the Group or any of its related entities in circumstances where the transaction is entered into primarily as a method of raising finance or of financing the acquisition of an asset other than: (a) in connection with Finance Leases permitted in accordance with Clause 19.26(a) (Financial Indebtedness); (b) in connection with QTE Leases permitted in accordance with Clause 19.26(a) (Financial Indebtedness); or (c) any goods acquired in the ordinary course of the Borrower's business which are transferred upon acquisition back to the vendor thereof in relation to the financing of the acquisition price thereof so long as the amount of the Financial Indebtedness incurred in relation to the financing of the acquisition would not cause any limit on Financial Indebtedness contained in Clause 19.26 (Financial Indebtedness) to be breached and that Financial Indebtedness is incurred after the Signing Date, provided that, in relation to any Finance Lease or QTE Lease, such security interest relates solely to the assets which are the subject matter of such lease.
Appears in 2 contracts
Sources: Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo), Facility Agreement (Polska Telefonia Cyfrowa Sp Zoo)