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.
Appears in 2 contracts
Sources: Participation Agreement (Silicon Laboratories Inc), Participation Agreement (Silicon Laboratories Inc)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Participants 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 Leased 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 Participants pursuant to the Participants Operative Documents shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to the Subject Leased Property and subject to Articles XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Administrative Agent the proceeds of the sale of the Subject Leased 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)Lease, together with all other amounts due and payable under Article XIIIas Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); 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 obligations to purchase the Subject Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the Lease Balance, plus Balance and all other amounts then due from the owing by Lessee to the Administrative Agent, if any, and/or the Participants under the Operative DocumentsDocuments (including, but without duplication, accrued and unpaid Rent).
Appears in 2 contracts
Sources: Participation Agreement (Regeneron Pharmaceuticals Inc), Participation Agreement (Regeneron Pharmaceuticals Inc)
Amounts Due Under Lease. Anything With respect to the Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, 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 as Interest with respect to interest on the Loans and Yield on the Lessor Amount due Lessor's Invested Amounts 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 such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and the Participants Funding Parties, shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of the LeaseLeased Property will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessor's Invested Amounts, 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 in accordance with Section 20.2 14.6 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 XIIILease; 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 's obligation to purchase the Subject Leased 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 BalanceLoans, plus and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under Funding Parties pursuant to the Operative Documents.
Appears in 2 contracts
Sources: Master Agreement (Jones Financial Companies Lp LLP), Master Agreement (Jones Financial Companies Lp LLP)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Participants 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 Yield on the Loans Rent Assignment Contribution Amount 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 Leased Property under the Lease, then the LoansLease Balance (including, the Lessor Amountwithout duplication, all accrued and unpaid Interest and Yield thereon, ) and any Fees and all other obligations of the Lessee owing to the Lessor and Participants pursuant to the Participants Operative Documents shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to the Subject Leased Property and subject to Articles XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Administrative Agent the proceeds of the sale of the Subject Leased 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)Lease, together with all other amounts due and payable under Article XIIIas Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); 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 obligations to purchase the Subject Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the Lease Balance, plus Balance and all other amounts then due from the owing by Lessee to the Administrative Agent, if any, and/or the Participants under the Operative DocumentsDocuments (including, but without duplication, accrued and unpaid Rent).
Appears in 2 contracts
Sources: Participation Agreement (Regeneron Pharmaceuticals, Inc.), Participation Agreement (Regeneron Pharmaceuticals, Inc.)
Amounts Due Under Lease. Anything else herein or elsewhere in the Operative Documents to the contrary notwithstanding, it is the intention of the Lessee, Guarantor, Lessor, the Lessor Certificate Holders and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessee 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 Certificate Amounts on each Payment Date; (ii) if the Lessee elects the Early Termination OptionOption (other than any partial purchases pursuant to Section 18.1(b) of the Lease), the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Leased Property under the Lease, then the Loans, the Lessor AmountCertificate Amounts, all accrued Interest, Yield 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 Leased Property, and subject to Articles ARTICLES XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Administrative Agent the proceeds of the sale of the Subject Leased Property, the Sale Option Recourse Amount with respect to the Leased Property and any amounts due pursuant to Section SECTION 20.2 of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountLease Balance), together with all other amounts due and payable under Article XIIIby Lessee; 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 's obligation to purchase the Subject Leased Property under the LeaseLease at any time, 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 PLUS, to the extent not included in the Lease Balance, all other amounts then due from the Lessee to the Participants under the Operative Documents.
Appears in 2 contracts
Sources: Participation Agreement (Teletech Holdings Inc), Participation Agreement (Teletech Holdings Inc)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Participants 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 Yield on the Loans Rent Assignment Contributions 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 Leased Property under the Lease, then the Loans, the Lessor AmountLease Balance, 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 Leased Property and subject to Articles XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Administrative Agent the proceeds of the sale of the Subject Leased 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 aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes Rent Assignment Contributions and Lessor Amount), together with all other amounts due and payable under Article XIIIas Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d)(i); 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 obligations to purchase the Subject Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease on a recourse basis 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.
Appears in 2 contracts
Sources: Participation Agreement (Norfolk Southern Corp), Participation Agreement
Amounts Due Under Lease. Anything Lessor hereby directs Lessee to, and Lessee agrees to, pay all Basic Rent, Leased Property Balances, Lease Balance, Recourse Deficiency Amount and all other amounts due to the Lessor under the Lease and the Construction Agency Agreement to the Agent for distribution pursuant to Section 3 of the Loan Agreement. With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then Lease or the LoansConstruction Agency Agreement, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of such Leased Property, will be paid out of the LeaseRecourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts in respect of such Leased Property, the proceeds of the sale of the Subject such Leased 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 's obligation to purchase the Subject such Leased 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 BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 2 contracts
Sources: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)
Amounts Due Under Lease. Anything With respect to each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and ------- ---- ----- payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor Amount due Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the related Lessee owing to the Lessor and the Participants Funding Parties in respect of such Leased Property shall be paid in full by the Lessee; , (iii) if the Lessee Lessees properly elects elect the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of the LeaseLeased Properties, will be paid out of the Lessee Recourse Deficiency Amount, and the Lessees shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessor's Invested Amounts, the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount Leased Properties in accordance with respect to the Leased Property and any amounts due pursuant to Section 20.2 14.6 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 XIIILease; 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 Lessees' obligation to purchase the Subject Property Leased Properties 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 BalanceLoans, plus and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon and all other amounts then due from obligations of the Lessee Lessees owing to the Participants under Funding Parties pursuant to the Operative Documents.
Appears in 1 contract
Sources: Master Agreement (Rowe Companies)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Participants and the Lenders 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 and payable as Interest on to the Loans and Yield on the Lessor Amount due Participants in respect of their Participation Interests 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 AmountParticipation Interests, all accrued fees and unpaid Interest and Yield thereon, any Fees all of the interest on overdue amounts thereon and all other obligations of the Lessee owing to the Lessor Lessor, the Participants and the Participants Agent 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 LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of the Subject Property, the Sale Option Recourse Residual Value Guarantee Amount with respect to the Leased Property and any amounts due pursuant to Section 20.2 13 of this Participation Agreement and Section 22.2 of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountAsset Termination Value), 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 a Event of Default resulting in an acceleration of the Lessee’s 's obligation to purchase the Subject Property under the Lease, except as otherwise expressly limited in Section 17.2(h) of 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 BalanceAsset Termination Value, plus all other amounts then due from the Lessee to the Participants Participants, the Agent and the Lessor under the Operative Documents.
Appears in 1 contract
Sources: Participation Agreement (Yahoo Inc)
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to CLAUSES (II) and (III) below, the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the B Loans and the Synthetic Lease Loans in respect of such Leased Property and Yield on the Lessor Amount due Lessors Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the related Lessee owing to the Lessor and the Participants Funding Parties in respect of such Leased Property shall be paid in full by the Lessee; , (iii) if the related Lessee properly elects the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the Synthetic Lease Loans in respect to the Subject Property and subject to Articles XX and XXI of the LeaseLeased Properties, will be paid out of the Recourse Deficiency Amount, and the related Lessee shall only be required to pay to the Collateral Agent B Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessors Invested Amounts, the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount Leased Properties in accordance with respect to the Leased Property and any amounts due pursuant to Section 20.2 14.6 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 XIIILease; 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 related Lessees obligation to purchase the Subject Property Leased Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the B Loans and the Synthetic Lease BalanceLoans, plus and accrued interest thereon, the Lessors Invested Amounts and accrued Yield thereon and all other amounts then due from obligations of the Lessee Lessees owing to the Participants under Funding Parties pursuant to the Operative DocumentsDocuments and the Credit Agreement.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to Remarketing Option, the Subject Property principal amount of, and subject to Articles XX accrued interest on, the A Loans and XXI the A Percentage of the LeaseLessor's Invested Amounts in respect of such Leased Property, if any, will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the B Percentage of the Lessor's Invested Amounts in respect of such Leased Property, if any, the proceeds of the sale of the Subject such Leased 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 's obligation to purchase the Subject such Leased 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 BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property, if any, and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Sources: Master Agreement (Choicepoint Inc)
Amounts Due Under Lease. Anything Subject to Section 3.19, but anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, Lessor, the Lessor Participants and the Lenders Agent that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest on to the Loans and Yield on the Lessor Amount due Participants in respect of their Participation Interests 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, entire Adjusted Lease Balance and the Lessor AmountParticipants’ Participation Interests therein, all accrued fees and unpaid Interest and Yield thereon, any Fees all of the interest on overdue amounts thereon and all other obligations of the Lessee owing to the Lessor and Lessor, the Participants and Agent 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 LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of the Subject Property, the Sale Option Recourse Residual Value Guarantee Amount with respect to the Leased Property and any amounts due pursuant to Section 20.2 13 of this Participation Agreement and Section 22.2 of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountAsset Termination Value), 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 a Lease Event of Default resulting in an acceleration of the Lessee’s '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 BalanceAsset Termination Value, plus all other amounts then due from the Lessee to the Participants Participants, Agent and Lessor under the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, Certificate Trustee, and Participants that from and after the Lessor and the Lenders thatClosing Date: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease on a Payment Date shall be equal to the aggregate payments due and payable as in respect of principal and accrued Interest on the Loans Notes and redemptions of Certificate Amount and accrued Yield on the Lessor Amount due Certificates on each such 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 an Aircraft under the Lease, then the principal of the corresponding Loans, the Lessor AmountCertificate Amounts, all accrued and unpaid Interest and all accrued and unpaid Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and the Participants Financing Parties with respect thereto shall be paid in full by the LesseeLessee in accordance with Sections 21 and 22 of the Lease; (iii) if the Lessee properly elects the Sale Option with respect to the Subject Property any Aircraft and subject to Articles XX and XXI remarkets such Aircraft in accordance with Section 23 of the Lease, on the Expiration Date Lessee shall only be required to pay to the Collateral Agent the proceeds Sale Proceeds of the sale of such Aircraft and, if the Subject PropertySale Proceeds are less than the Lease Balance of such Aircraft, the amount of such difference but not more than the Sale Option Recourse Amount for such Aircraft, all in accordance with respect to Section 23 of the Leased Property Lease, and any other amounts due pursuant to Section 20.2 7.9 hereof and such Section 23 of the Lease (which aggregate amounts may be less than the aggregate amount Lease Balance of the unpaid principal of the Notes and Lessor Amountsuch Aircraft), 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 a Lease Event of Default resulting in an acceleration of the Lessee’s 's obligation to purchase the Subject Property Aircraft under the Lease, the amounts then due and payable by the Lessee under Section 14 of the Lease shall include all amounts necessary to pay in full the Lease Balanceoutstanding principal under the Loans, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then due from payable by the Lessee to the Participants Financing Parties under the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to ----------------------- the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, on each Payment Date; (ii) if the Lessee elects the Early Termination Option, (or is deemed to have elected) the Purchase Option with respect to the Leased Property, or becomes obligated or otherwise elects the Lessee's obligation to purchase the Subject Leased Property under the Lease, then the Loansis accelerated as a result of an Event of Default, the Lessor AmountFunded Amounts in respect of the Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; and (iii) if the Lessee properly elects the Sale Remarketing Option with respect to or the Subject Property Surrender Option, the principal amount of, and subject to Articles XX and XXI accrued interest on, the A Loans will be fully paid out of the LeaseRecourse Deficiency Amount, and the Lessee shall only be required to pay make payments to the Collateral Agent Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessor's Invested Amounts out of the proceeds of the sale of the Subject such Leased 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.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Option with respect to Remarketing Option, the Subject Property principal amount of, and subject to Articles XX accrued interest on, the A Loans and XXI the A Percentage of the LeaseLessor's Invested Amounts in respect of such Leased Property, if any, will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the B Percentage of the Lessor's Invested Amounts in respect of such Leased Property, if any, the proceeds of the sale of the Subject such Leased 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 's obligation to purchase the Subject such Leased 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 BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property, if any, and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Sources: Master Agreement (Aaron Rents Inc)
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor Amount due Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the related Lessee owing to the Lessor and the Participants Funding Parties in respect of such Leased Property shall be paid in full by such Lessee prior to or simultaneously with the Lessee; closing of the purchase which is the subject of such Purchase Option, (iii) if the Lessee Lessees properly elects elect the Sale Option with respect Remarketing Option, the Lessees will only be required to pay the Subject Property Recourse Deficiency Amount and subject the other amounts required to Articles XX and XXI be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay the Lessee principal of the A Loans, and the Lessees shall only be required to pay to the Collateral Agent Lenders the principal amount of the B Loans and to the Lessor the Lessor's Invested Amounts, to the extent of the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount Leased Properties in accordance with respect to the Leased Property and any amounts due pursuant to Section 20.2 14.6 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 XIIILease; 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 Lessees' obligation to purchase the Subject Property Leased Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoans, plus all other amounts then due from and accrued interest thereon, the Lessee to the Participants under the Operative Documents.Lessor's Invested Amounts and accrued Yield thereon
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of the Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of the Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option with respect to the Leased Property or becomes obligated or otherwise elects to purchase the Subject Leased Property under the Lease, then the Loans, Funded Amounts in respect of the Lessor AmountLeased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to Remarketing Option, the Subject Property principal amount of, and subject to Articles XX accrued interest on, the A Loans and XXI the A Percentage of the LeaseLessor's Invested Amounts, if any, will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the B Percentage of the Lessor's Invested Amounts, if any, the proceeds of the sale of the Subject Leased 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 's obligation to purchase the Subject Leased 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 BalanceLoans in respect of the Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of the Leased Property, if any, and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under Funding Parties in respect of the Operative DocumentsLeased Property.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Fidelity National Information Services, Inc.)
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the related Lease shall be equal to the aggregate payments due and payable as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the related Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the such Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the such Lessee; , (iii) if the related Lessee properly elects the Sale Remarketing Option with or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of such Leased Property, will be paid out of the LeaseRecourse Deficiency Amount, the and such Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts in respect of such Leased Property, the proceeds of the sale of the Subject such Leased 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 related Lessee’s 's obligation to purchase the Subject such Leased Property under the related Lease, the amounts then due and payable by the such Lessee under the such Lease shall include all amounts necessary to pay in full the Lease BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other amounts then due from the obligations of such Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, 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 as Interest with respect to interest on the Loans and Yield on the Lessor Lessor’s Invested 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 Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and the Participants Funding Parties shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Option with respect Remarketing Option, (A) the Lessee will only be required to pay the Subject Property Recourse Deficiency Amount and subject the other amounts required to Articles XX and XXI be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay to the Lenders the principal of the Loans and to the Lessor the Allocated Amount in part, and (B) the Lessee shall only be required to pay to the Collateral Agent Lenders the remaining principal amount of the Loans and to the Lessor the remaining Allocated Amount and the Lessor’s Net Invested Amount, to the extent of 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 in accordance with Section 20.2 14.6 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 XIIILease; 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 Leased 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 BalanceLoans, plus and accrued interest thereon, the Lessor’s Invested Amount and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under Agent and the Funding Parties pursuant to the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Agent Lessor and the Lenders Participants that: (i) the amount and timing of installments of the Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest on the Loans Tranche A Basic Rent and Yield on the Lessor Amount due Tranche B Basic Rent and Tranche C Equity Basic Rent 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 Premises under the Lease, then the Loans, the Lessor Amount, all accrued and unpaid Interest and Yield thereon, any Fees Lease Balance 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 Premises and subject to Articles Article XX and XXI of the Lease, the Lessee shall only be required to pay to Agent Lessor the Collateral Agent Construction Recourse Amount, the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the Leased Property Premises and any amounts due pursuant to Section 20.2 Article XX of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountLease Balance), together with all other amounts due and payable under Article XIIISupplemental Rent; 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 's obligation to purchase the Subject Property Premises 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 Agent Lessor and the Participants under the Operative Documents.
Appears in 1 contract
Sources: Participation Agreement (Adc Telecommunications Inc)
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor Amount due Lessor’s Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the a Lessee elects the Early Termination Option, the Purchase Option with respect to any Leased Property or becomes obligated or otherwise elects to purchase the Subject any Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee Lessees owing to the Lessor and the Participants Funding Parties with respect to such Leased Property shall be paid in full by the related Lessee; , (iii) if the a Lessee properly elects the Sale Remarketing Option with respect to any Leased Property, (A) such Lessee will only be required to pay the Subject Recourse Deficiency Amount with respect to such Leased Property and subject the other amounts required to Articles XX and XXI be paid pursuant to Section 14.6 of the LeaseLease with respect to such Leased Property, which amounts shall be used to pay the principal of the A Loans with respect to such Leased Property, and (B) such Lessee shall only be required to pay to the Collateral Agent Lenders the principal amount of the B Loans with respect to such Leased Property and to the Lessor the Lessor’s Invested Amounts with respect to such Leased Property, to the extent of the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the related Leased Property and any amounts due pursuant to in accordance with Section 20.2 14.6 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 XIIILease; 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 Lessees’ obligation to purchase the Subject Property Leased Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoans, plus and accrued interest thereon, the Lessor’s Invested Amounts and accrued Yield thereon and all other amounts then due from obligations of the Lessee Lessees owing to the Participants under Agent and the Funding Parties pursuant to the Operative Documents.
Appears in 1 contract
Sources: Master Agreement (Concord Efs Inc)
Amounts Due Under Lease. Anything With respect to the Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor and the Lenders parties hereto that: (i) on each Scheduled Payment Date, with the exception of the Accreted Amount, the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due interest accrued and payable as Interest unpaid on the outstanding Loans and Yield the Return accrued and unpaid on the Lessor Amount due on each Payment DateCapital Contribution; (ii) if if, pursuant to the Lessee Lease and the Partnership Agreement, the Limited Partner elects the Early Termination Option, to exercise the Purchase Option or becomes obligated or otherwise elects and causes Lessor to purchase notify Administrative Agent of its intent to pay the Subject Property under Loan on the Lease, then the LoansLease Termination Date, the Lessor Amount, all accrued amount of payments from the Limited Partner and unpaid Interest and Yield thereon, any Fees and all other obligations of Lessee shall equal the Lessee owing to the Lessor and the Participants shall be paid in full by the LesseeLease Balance; (iii) if the Lessee properly elects the Sale Option with respect is subject to the Subject Property and subject to Articles XX and XXI of Remarketing Obligation under the Lease, (x) in the Lessee shall only be required case of a sale to pay to a third party where the Collateral Agent Net Sales Proceeds equal or exceed the proceeds of the sale of the Subject PropertyMaximum Lessor Risk Amount, the Sale Option Recourse Amount with respect to Deficiency plus the Leased Property and any amounts due pursuant to Section 20.2 of Net Sales Proceeds shall equal the Lease Balance, (which amounts may y) in the case of a failure of a sale to a third party to be less than consummated under Section 14.1 where all of Lessee Disposition Conditions have been satisfied, the aggregate amount of the unpaid principal of the Notes and Lessor Amount), Lease Termination Amount together with all other amounts due and payable under Article XIIIthe Maximum Lessor Risk Amount, shall equal the Lease Balance; and (iv) subject to the limitation in Section 16.5 of the Lease, upon an a Lease Event of Default resulting in an acceleration of the Lessee’s 's obligation to purchase the Subject Leased Property under Section 13.1 of the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full equal the Lease Balance, plus all other amounts then due from the Lessee to the Participants under the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the such Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the such Lessee; , (iii) if the related Lessee properly elects the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of such Leased Property, will be paid out of the LeaseRecourse Deficiency Amount, the and such Lessee shall only be required to pay to the Collateral Agent Lender in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts in respect of such Leased Property, the proceeds of the sale of the Subject such Leased 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 related Lessee’s 's obligation to purchase the Subject such Leased Property under the Lease, the amounts then due and payable by the such Lessee under the such Lease shall include all amounts necessary to pay in full the Lease BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other amounts then due from the obligations of such Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor Amount due Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Early Termination Option, the Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the related Lessee owing to the Lessor and the Participants Funding Parties in respect of such Leased Property shall be paid in full by the such Lessee; , (iii) if the Lessee Lessees properly elects elect the Sale Option with respect Remarketing Option, the Lessees will only be required to pay the Subject Property Recourse Deficiency Amount and subject the other amounts required to Articles XX and XXI be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay the Lessee principal of the A Loans, and the Lessees shall only be required to pay to the Collateral Agent Lenders the principal amount of the B Loans and to the Lessor the Lessor's Invested Amounts, to the extent of the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount Leased Properties in accordance with respect to the Leased Property and any amounts due pursuant to Section 20.2 14.6 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 XIIILease; 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 Lessees' obligation to purchase the Subject Property Leased Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoans, plus and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon and all other amounts then due from obligations of the Lessee Lessees owing to the Participants under Funding Parties pursuant to the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Certificate Holders, the Owner Trustee, the Lessor and the Lenders that: (i1) 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 as Interest interest on the Loans and Yield on the Lessor Amount due Equity Amounts on each Payment Date, subject to Section 4(c); (ii2) 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 AmountEquity Amounts, all accrued interest, Yield and unpaid Interest and Yield thereon, any Facility Fees thereon and all other obligations of the Lessee owing to the Lessor Lessor, the Certificate Holders, the Owner Trustee and the Participants Lenders shall be paid in full by the Lessor out of funds paid to the Lessor by the Lessee; (iii3) if the Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the LeaseProperty, the Lessee shall only be required to pay to the Collateral Agent Participants the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the Leased Property Final Rent Payment and any amounts due pursuant to Sections 13 and 14 hereof and Section 20.2 6(d) of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountProperty Balance), together with all other amounts due any accrued Basic Rent 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 Supplemental Rent 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.owing; and
Appears in 1 contract
Sources: Participation Agreement (Cal Dive International Inc)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessor, the Participants and the Lenders Indenture Trustee 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 as Interest interest and principal on the Loans Notes and Certificate Yield on on, and the Lessor Amount due Certificate Purchaser Amounts with respect to, the Certificates 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 LoansNotes, the Lessor AmountCertificate Purchaser Amounts, all accrued interest and unpaid Interest and Yield thereonCertificate Yield, any Fees thereon and all other obligations of the Lessee owing to the Lessor Certificate Holders, the Owner Trustee, the Note Holders and the Participants Indenture Trustee 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 LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of the Subject Property, the Sale Option Recourse Residual Value Guarantee Amount with respect to the Leased Property and any amounts due pursuant to Section 20.2 13 of this Participation Agreement and Section 22.1 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 XIIILease; 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 '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 BalanceAsset Termination Value, plus all other amounts then due from the Lessee to the Participants Note Holders, the Indenture Trustee, the Certificate Holders and the Owner Trustee under the Operative Documents.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the LesseeLessees, the Lessor and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessees under the Master Lease shall be equal to the aggregate payments due and payable as Interest interest on the Loans and Equity Yield on the Lessor Amount due Equity Amounts on each Payment Date; (ii) if the any Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase all of the Subject Property Properties under the Master Lease, then the Loans, the Lessor AmountEquity Amounts, all accrued interest, Equity Yield and unpaid Interest and Yield thereon, any Commitment Fees thereon and all other obligations of the Lessee Lessees owing to the Lessor and the Participants Lenders shall be paid in full by the such Lessee; (iii) if the any Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the LeaseRemarketing Option, the Lessee Lessees shall only be required to pay to the Collateral Administrative Agent (for the account of the Participants) the proceeds of the sale of each of the Subject PropertyProperties, the Sale Option Recourse Amount with respect to the Leased Property Loan Balance and any amounts due pursuant to ARTICLE XI hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountLease Balance), 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 of the Lessees to purchase all of the Subject Property Properties under the Master Lease, the amounts then due and payable by the Lessee Lessees under the Master 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.
Appears in 1 contract
Sources: Master Lease and Open End Mortgage (Cardinal Health Inc)
Amounts Due Under Lease. Anything With respect to each Leased Property, ----------------------- anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor related Lessee and the Lenders Participants that: (i) the amount and timing of installments such of Basic Rent due and payable from time to time from the related Lessee under the related Lease shall be equal to the aggregate payments due and payable as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on the Lessor Lessor's Invested Amount due in respect of such Leased Property on each Payment Date; (ii) if the such Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the such Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the such Lessee owing to the Lessor and the Participants in respect of such Funded Property shall be paid in full by the such Lessee; , (iii) if the such Lessee properly elects the Sale Remarketing Option with or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject of such Leased Property and subject to Articles XX and XXI will be paid out of the LeaseRecourse Deficiency Amount, the and such Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amount in respect of such Leased Property the proceeds of the sale of the Subject such Leased 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 such Lessee’s 's obligation to purchase the Subject such Leased Property under the such Lease, the amounts then due and payable by the such Lessee under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoans in respect of such Leased Property and accrued interest thereon, plus the Lessor's Invested Amount in respect of such Leased Property and accrued Yield thereon and all other amounts then due from the obligations of such Lessee owing to the Participants under the Operative Documentsin respect of such Leased Property.
Appears in 1 contract
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: (ia) 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 as Interest interest on the Loans and Yield on the Lessor Amount due Amounts on each Rent Payment Date; (iib) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Property under the LeaseLease or the Construction Agency Agreement, then the Loans, the Lessor AmountAmounts, all accrued and unpaid Interest interest, Yield and Yield thereon, any Facility Fees and all other obligations of the Lessee owing to the Administrative Agent, the Lessor and the Participants Lenders shall be paid due and payable in full by the LesseeLessee on the date set forth in the Construction Agency Agreement or the Lease, as applicable; (iiic) if the Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of the Subject Property, amounts payable pursuant to clause (i) of Section 20.1(m) of the Sale Option Lease (not to exceed the Maximum Recourse Amount with respect to the Leased Property Amount) and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Lease; (d) upon the occurrence of a 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 or a CAA Event of Default other than a Limited Recourse CAA Event of Default that results in an acceleration of the Lessee’s 's obligation to purchase the Subject Property under or pay the LeaseProperty Cost, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the Lease Balance, Property Costs plus all other amounts then due from the Lessee to the Participants under the Operative Documents; and (e) if the Lessee elects to purchase or is required to purchase the Property pursuant to Section 15.1, 16.2(e) or Article XVIII of the Lease or Section 6.1 or 6.2 of the Construction Agency Agreement, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Participants 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 (A) Accrual Rent on the Loans and Yield on the Lessor Amount Lease Balance due on each Payment Date and (B) Capital Rent due on each Payment Date that occurs after the Base Term Commencement Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Leased Property under the Lease, then the Loans, the Lessor AmountLease Balance, 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 Leased Property and subject to Articles XX and XXI of the Lease, the Lessee shall only be required to pay to the Collateral Administrative Agent the proceeds of the sale of the Subject Leased 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)Lease, together with all other amounts due and payable under Article XIIIas Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); 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 obligations to purchase the Subject Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease or the Construction Agency Agreement on a recourse basis 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.
Appears in 1 contract
Amounts Due Under Lease. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, Lessor, each Investor, SPC, the Lessor Banks and the Lenders that: (i) Agent Bank that the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest on each Loan Payment Date and Certificate Payment Date, respectively, with respect to interest and Facility Fees on the Loans Backup Facility Commitments and Investor Yield on the Lessor Amount Investor Contributions then due.
(b) Notwithstanding anything to the contrary contained in the Operative Agreements, if Lessee makes a payment of Rent to the Funding Account or Commercial Paper Account as required under the Operative Agreements, and the amount of and the timing of such payment is based on or defined by a payment due by another party pursuant to the Operative Agreements, payment by Lessee of such amount to such account shall be deemed to also constitute payment of such amount by such other party at the time such amount is received in the Funding Account or Commercial Paper Account, as the case may be. By way of illustration, but not by way of limitation, if interest in the amount of $1,000,000 owing by the SPC to the Agent Bank (for the account of the Banks) with respect to Facility Loans is due on each Payment Date; (ii) if the Lessee elects the Early Termination OptionJune 1, 2001, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Property under the Lease, then the Loans, same amount is due on such date by 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 SPC with respect to the Subject Property SPC Loan, and subject by Lessee to Articles XX and XXI of the LeaseLessor as Basic Rent, the Lessee shall only be required to pay pays such amount by wire transfer to the Collateral Agent Funding Account and such amount is received in such account on June 1, 2001 within the proceeds of time period required in the sale of the Subject PropertyOperative Agreements, the Sale Option Recourse Amount then such $1,000,000 shall be deemed to have been paid in a timely manner (i) by Lessee with respect to Basic Rent, (ii) by Lessor 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)SPC Loan, together with all other amounts due and payable under Article XIII; and (iviii) subject by the SPC with respect 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 DocumentsFacility Loans.
Appears in 1 contract
Amounts Due Under Lease. Anything Notwithstanding anything else herein or elsewhere to the contrary notwithstandingherein, it is the intention of Lessee and Lessor that, subject to the Lessee, the Lessor and the Lenders thatexceptions listed below in this section: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease Lease, as converted into fixed payments pursuant to the Interest Rate Swap Agreement entered into by Lessor on January 23, 2012, 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 DateDate with respect to Yield on, and any principal of, the Equity Investment; (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 LoansLeased Property, the Lessor Amountoutstanding principal amount of the Equity Investment, all accrued and unpaid Interest and Yield thereon, plus all costs and any Fees other amounts payable by Lessee under any Operative Document 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 Remarketing Option, the Subject Property principal amount of, and subject to Articles XX accrued Yield on, the Equity Investment plus all costs and XXI any other amounts payable by Lessee under any Operative Document will be paid out 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 XIIIObligation; and (iv) subject to the limitation in Section 16.5 of the Lease, upon an Event of Default resulting in an any acceleration of the Termination Date and Lessee’s obligation to purchase the Subject Leased Property under the LeaseLease as a result of a Lease Event of Default that did not arise solely from a Limiting Event, 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 Equity Investment and accrued Yield thereon and all other amounts then due from the obligations of Lessee owing to the Participants under the Operative DocumentsLessor.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessor, the Certificate Holders 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 Certificate Amounts on each Payment Date; provided, however, that prior to the Applicable Base Term Commencement Date for any Uncompleted Facility or Uncompleted Unit, Lessee shall cause all Capitalized Costs and any other Supplemental Rent to be paid from Advances; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase the Subject Property under Assets or, to the Leaseextent permitted, then certain Equipment or a Facility or a Proposed Site, the Loans, the Lessor AmountCertificate Amounts, 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 LesseeLessee to the extent of the purchase amounts payable thereon; (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 Administrative Agent the proceeds of the sale of the Subject PropertyAssets, the Sale Option Recourse Aggregate RVG Amount with respect to the Leased Property and any amounts due pursuant to Section 20.2 of the Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountCertificates), together with all other amounts due and payable under Article XIIIas Supplemental Rent, but subject to the rights of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d)(i); 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 's obligation to purchase the Subject Property Assets under the LeaseLease or Supervisory Agreement, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the Lease Aggregate Permitted Asset Balance, it being understood that any difference between the Asset Balance and the Aggregate Permitted Asset Balance may be recovered from the proceeds from a sale of the Assets and the other Collateral subject to the terms and conditions of the Operative Agreements, plus all other amounts then due from the Lessee to the Participants under the Operative DocumentsAgreements, subject, however, (x) prior to the Applicable Base Term Commencement Date to the limitation on Lessee's recourse liability at Section 5.3 of the Supervisory Agreement with respect to any Uncompleted Unit or Uncompleted Facility and (y) any applicable limitation on Lessee's recourse liability to the Aggregate Permitted Asset Balance set forth in the Operative Agreements.
Appears in 1 contract
Sources: Participation Agreement (PPL Electric Utilities Corp)
Amounts Due Under Lease. Anything Notwithstanding anything else herein or elsewhere to the contrary notwithstandingherein, it is the intention of the Lessee, Lessor, Lender and Guarantor that, subject to the Lessor and the Lenders thatexceptions listed below in this section: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease Lease, as converted into floating payments pursuant to the Interest Rate Swap Agreement entered into by Lessor on the Closing Date, 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 DateDate with respect to interest on, and any principal of, the Loan and Yield on, and any principal of, the Equity Investment; (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 LoansLeased Property, the Lessor Amountoutstanding principal amount of the Loan and the Equity Investment, all accrued and unpaid Interest interest and Yield thereon, plus all costs and any Fees other amounts payable by Lessee under any Operative Document and all other obligations of the Lessee owing to the Lessor and the Participants Lender shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Remarketing Option with respect to or the Subject Property Surrender Option, the principal amount of, and subject to Articles XX accrued interest on, the Loan and XXI the Equity Investment plus all costs and any other amounts payable by Lessee under any Operative Document will be paid out 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 XIIIObligation; and (iv) subject to the limitation in Section 16.5 of the Lease, upon an Event of Default resulting in an any acceleration of the Termination Date and Lessee’s obligation to purchase the Subject Leased Property under the LeaseLease as a result of a Lease Event of Default that did not arise solely from a Limiting Event, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoan, plus and accrued interest thereon, the Equity Investment and accrued Yield thereon and all other amounts then due from obligations of Lessee owing to Lessor and Lender. The understanding set forth in the preceding sentence is subject to the following exceptions:
(a) After any Additional Payment, Basic Rent will not be sufficient to cover Yield as it accrues on the Equity Investment to the extent that such Yield is to be capitalized and added to the Equity Investment as provided in Sections 2.2(b) and 2.3(a).
(b) Lessee’s obligations (including its obligations to pay Basic Rent) will not be accelerated or increased by reason of (1) any Default or Event of Default on the part of Lessor under the Credit Agreement (e.g., a failure of Lessor to maintain its corporate existence as required by the Operative Documents or the existence of judgment lien against Lessor which constitutes a Lessor Lien) unless such Default or Event of Default is caused by a corresponding Lease Default or Lease Event of Default on the part of Lessee (e.g., a failure by Lessee to rectify any lien against the Participants under Leased Property other than a Lessor Lien within the Operative Documentsperiod for cure allowed by the Lease) or (2) any modifications to the Notes, the Credit Agreement, the Deed of Trust or other documents that evidence or secure the Loan made without Lessee’s prior written approval or consent.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Option with Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of such Leased Property, will be paid out of the LeaseRecourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts in respect of such Leased Property, the proceeds of the sale of the Subject such Leased 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 's obligation to purchase the Subject such Leased 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 BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Sources: Master Agreement (Ruby Tuesday Inc)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the LesseeLessees, the Company, the Lessor and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessees under the Lease shall be equal to the aggregate payments due and payable as Interest interest on the Loans and Yield plus a yield on the Lessor Amount due on each Basic Rent Payment Date; (ii) if the a Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase any of the Subject Property Properties under the Lease, then the Loans, the Lessor Amount, all accrued interest, Yield and unpaid Interest and Yield thereon, any Fees fees thereon and all other obligations of the Lessee Lessees with respect to such Property owing to the Lessor and the Participants Lenders shall be paid in full by the Lessee; (iii) if the any Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds amounts required pursuant to Article XX of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the Leased Property Master Lease 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 XIIIXIII hereof; and (iv) subject to the limitation in Section 16.5 of the Lease, upon an Event of Default resulting in an acceleration of the any Lessee’s 's obligation to purchase the Subject Property Properties 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.
Appears in 1 contract
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessees and the Lenders Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor Lessor's Invested Amount due in respect of such Leased Property on each Payment Date; (ii) if the a Lessee elects the Early Termination Option, the Purchase Option with respect to any Leased Property or becomes obligated or otherwise elects to purchase the Subject any Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee Lessees owing to the Lessor and the Participants Funding Parties with respect to such Leased Property shall be paid in full by the related Lessee; , (iii) if the a Lessee properly elects the Sale Remarketing Option with respect to any Leased Property, (A) such Lessee will only be required to pay the Subject Recourse Deficiency Amount with respect to such Leased Property and subject the other amounts required to Articles XX and XXI be paid pursuant to Section 14.6 of the LeaseLease with respect to such Leased Property, which amounts shall be used to pay to the Lenders the principal of the A Loans with respect to such Leased Property and to the Lessor the A Allocated Amount with respect to such Leased Property, and (B) such Lessee shall only be required to pay to the Collateral Agent Lenders the principal amount of the B Loans with respect to such Leased Property and to the Lessor the B Allocated Amount and the Lessor's Net Invested Amount with respect to such Leased Property, to the extent of the proceeds of the sale of the Subject Property, the Sale Option Recourse Amount with respect to the related Leased Property and any amounts due pursuant to in accordance with Section 20.2 14.6 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 XIIILease; 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 Lessees' obligation to purchase the Subject Property Leased Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Lease BalanceLoans, plus and accrued interest thereon, the Lessor's Invested Amount and accrued Yield thereon and all other amounts then due from obligations of the Lessee Lessees owing to the Participants under Agent and the Funding Parties pursuant to the Operative Documents.
Appears in 1 contract
Sources: Master Agreement (Concord Efs Inc)
Amounts Due Under Lease. Anything With respect to each Leased Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated or otherwise elects to purchase the Subject such Leased Property under the Lease, then the Loans, the Lessor AmountFunded Amounts in respect of such Leased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; , (iii) if the Lessee properly elects the Sale Remarketing Option with or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect to the Subject Property and subject to Articles XX and XXI of such Leased Property, will be paid out of the LeaseRecourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts in respect of such Leased Property, the proceeds of the sale of the Subject such Leased 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 's obligation to purchase the Subject such Leased 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 BalanceLoans in respect of such Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under the Operative DocumentsFunding Parties in respect of such Leased Property.
Appears in 1 contract
Sources: Master Agreement (Ruby Tuesday Inc)
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Participants that: (ia) 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 as Interest interest on the Loans Loans, Return on Capital and Yield on the Lessor Amount due Amounts on each Rent Payment Date; (iib) 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 Capital, the Lessor AmountAmounts, all accrued and unpaid Interest interest, Return, Yield and Yield thereon, any Fees and all other obligations of the Lessee owing to the Lessor Administrative Agent, the Structuring Agent, and the Participants shall be paid due and payable in full by the LesseeLessee on the date set forth in the Lease; (iiic) if the Lessee properly elects the Sale Option with respect to the Subject Property and subject to Articles XX and XXI of the LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of the Subject Property, amounts payable pursuant to clause (i) of Section 20.1(m) of the Sale Option Lease (not to exceed the Maximum Recourse Amount with respect to the Leased Property Amount) and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Lease; (d) upon the occurrence of a 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 (and an acceleration of the Lessee’s obligation to purchase the Subject Property under or pay the LeaseProperty Cost), the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the Lease Balance, Property Balance plus all other amounts then due from the Lessee to the Participants under the Operative Documents; and (e) if the Lessee elects to purchase or is required to purchase the Property pursuant to Section 15.1, 16.2(e) or Article XVIII of the Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance.
Appears in 1 contract
Amounts Due Under Lease. Anything else herein or elsewhere ----------------------- to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders Funding Parties 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 as Interest on with respect to interest on, and principal of, the Loans in respect of the Leased Property and Yield on on, and principal of, the Lessor Amount due Lessor's Invested Amounts, if any, in respect of the Leased Property on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option with respect to the Leased Property or becomes obligated or otherwise elects to purchase the Subject Leased Property under the Lease, then the Loans, Funded Amounts in respect of the Lessor AmountLeased Property, all accrued and unpaid Interest interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and Funding Parties in respect of the Participants Leased Property shall be paid in full by the Lessee; (iii) if the Lessee properly elects the Sale Option with respect to Remarketing Option, the Subject Property principal amount of, and subject to Articles XX accrued interest on, the A Loans and XXI the A Percentage of the LeaseLessor's Invested Amounts, if any, will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Collateral Agent Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the B Percentage of the Lessor's Invested Amounts, if any, the proceeds of the sale of the Subject Leased 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 's obligation to purchase the Subject Leased 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 BalanceLoans in respect of the Leased Property, plus and accrued interest thereon, the Lessor's Invested Amounts in respect of the Leased Property, if any, and accrued Yield thereon and all other amounts then due from obligations of the Lessee owing to the Participants under Funding Parties in respect of the Operative DocumentsLeased Property.
Appears in 1 contract
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 from the Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest interest on the Loans and Yield on the Lessor Amount due Amounts on each Basic Rent Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase any of the Subject Property Properties under the Lease, then the Loans, the Lessor AmountAmounts, all accrued interest, Yield and unpaid Interest and Yield thereon, any Fees thereon and all other obligations of the Lessee owing to the Lessor and the Participants Lenders 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 LeaseRemarketing Option, the Lessee shall only be required to pay to the Collateral Agent Lessor the proceeds of the sale of each of the Subject PropertyProperties, the Sale Option Recourse Amount with respect to the Leased Property Loan Balance and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the aggregate amount of the unpaid principal of the Notes and Lessor AmountLease Balance), 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 's obligation to purchase the Subject Property Properties 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.
Appears in 1 contract