Amounts Due Under Lease Clause Samples
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Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time under the Lease shall be equal to the aggregate payments due and payable as Interest on the Loans and Yield on the Lessor Amount due on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Property under the Lease, then the Loans, the Lessor Amount, all accrued and unpaid Interest and Yield thereon, any Fees and all other obligations of the Lessee owing to the Lessor and the Participants shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Agent the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the Leased Property and any amounts due pursuant to Section 20.2 of the Lease (which amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor Amount), together with all other amounts due and payable under Article XIII; and (iv) subject to the limitation in Section 16.5 of the Lease, upon an Event of Default resulting in an acceleration of the Lessee’s obligation to purchase the Subject Property under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the Lease Balance, plus all other amounts then due from the Lessee to the Participants under the Operative Documents.
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor, the Participants and the Agent that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due to the Participants in respect of their Participation Interests on each Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase the Property under the Lease, the Participation Interests, all fees and all of the interest on overdue amounts thereon and all other obligations of the Lessee owing to the Lessor, the Participants and the Agent shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Lessor the proceeds of the sale of the Property, the Residual Value Guarantee Amount and any amounts due pursuant to Section 13 of this Participation Agreement and Section
Amounts Due Under Lease. Anything else herein or elsewhere in the Operative Documents to the contrary notwithstanding, it is the intention of the Lease Obligors, Lessor and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessees under the Lease shall be equal to the sum of the aggregate payments due and payable as Interest on the Loans on each Payment Date plus the principal amortization, if any, due on such Payment Date; (ii) if Lessees elect the Early Termination Option or become obligated or otherwise elect to purchase the Equipment pursuant to the terms of the Lease, then the Loans, all Interest and Fees thereon, all Transaction Costs and all other obligations of Lessees owing to Lessor and the Lenders shall be paid in full by Lessees; and (iii) upon an Event of Default resulting in an acceleration of Lessees’ obligation to purchase the Equipment under the Lease, the amounts then due and payable by Lessees under the Lease shall include all amounts necessary to pay in full the Lease Balance, plus, to the extent not included in the Lease Balance, all other amounts then due from Lessees to the Lenders under the Operative Documents, subject in any event to the limitations in Section 3.5.
Amounts Due Under Lease. Each Credit Party, the Lessor, the Agent, each Credit Lender and each Mortgage Lender intends that, subject to the provisions of the Operative Agreements: (i) the amount and timing of installments of Basic Rent due and payable from time to time under the Lease shall be equal to the aggregate payments due and payable as scheduled interest on the Credit Loans and the Mortgage Loans and the scheduled Lessor Yield on the Lessor Advance on each Scheduled Interest Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated or otherwise elects to purchase the Property under the Lease, then the Credit Notes, the Mortgage Notes, the Lessor Advance, all accrued and unpaid interest and Lessor Yield thereon, and all other obligations of the Credit Parties owing to the Primary Financing Parties under the Operative Agreements shall be paid by the Lessee with a payment of Supplemental Rent in an amount equal to the Termination Value for the Property; and (iii) if the Lessee properly elects the Sale Option with respect to the Property, the Lessee shall be required to pay to the Agent the Maximum Residual Guarantee Amount on the Expiration Date, together with all other amounts then due and payable as Supplemental Rent in respect of the Lease.
Amounts Due Under Lease. 15 SECTION 6
Amounts Due Under Lease. Anything else herein or elsewhere ----------------------- to the contrary notwithstanding, it is the intention of the Lessee, the Lessor, the Administrative Agent and the Lenders that: (i) the amount and timing of installments of Lessor Basic Rent and the Lender Basic Rent shall be due and payable from time to time from the Lessee under the Lease; (ii) if the Lessee elects a Purchase Option (other than the exercise of the Undeveloped Land Purchase Option) or becomes obligated to purchase the Property, then the Lease Balance and all other obligations of the Lessee owing to the Lessor and the Lenders related thereto shall be immediately due and payable in full by the Lessee; and
Amounts Due Under Lease. Notwithstanding anything to the contrary contained in the Operative Documents, it is the intention of the Lessee, the Construction Agent, the Lessor, each Investor and the Lenders that the amount and timing of installments of Base Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and
Amounts Due Under Lease. 6 SECTION 2.5 Nature of Transaction ................................ 6 SECTION 3
Amounts Due Under Lease. 6 2.7 Computations................................................................................... 7 2.8 Determination of Interest and Yield............................................................ 7 2.9 Obligations Several............................................................................ 7 2.10 Highest Lawful Rate............................................................................ 8
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Certificate Trustee, the Certificate Purchaser and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to amortization of principal of, and interest on, the Loans, and with respect to Certificate Yield on the Certificate Amounts on each Payment Date (to the extent such interest is not funded by additional Interest Payment Loans); (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase the Property (which is subject to the Lease) under the Lease (whether upon the occurrence of a Lease Event of Default or otherwise), the Loans, the Certificate Amounts, the Make-Whole Premium, all interest and Certificate Yield thereon and all other obligations of the Lessee owing to the Certificate Trustee, the Certificate Purchaser and the Lenders shall be paid in full by the Lessee; and (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Certificate Trustee the Gross Proceeds from Improvements, the Termination Rental Amount and any amounts due pursuant to Section 9.1 and Article XIII of this Participation Agreement and Sections 20.1 and 20.2 of the Lease (which aggregate amounts may be less than the Lease Balance).