Common use of Deferred Payment for Early Purchase Option Clause in Contracts

Deferred Payment for Early Purchase Option. If Lessee ------------------------------------------ elects to exercise an early purchase option pursuant to Section 22.1(b) of the Lease with respect to Units in a Basic Group, Lessee may, at its option, either (x) pay the entire Early Purchase Price applicable to such Units on the applicable Early Purchase Date, as provided in Section 22.1(b) of the Lease and Schedule 6A of this Participation Agreement or (y) pay a portion of such Early Purchase Price on the applicable Early Purchase Date and the balance in installments thereafter, on the applicable dates and in the applicable amounts for such Basic Group as indicated on Schedule 6B; provided that Lessee may not elect the option set forth in this clause (y) herein unless the principal amount of the related Equipment Note applicable to such Units together with accrued interest thereon and any applicable Make-Whole Amount shall have been paid in respect of such Units pursuant to Section 2.10(c) of the Indenture and all other sums due and owing to Indenture Trustee and Loan Participants under the Operative Agreements shall have been paid in full on or prior to the Early Purchase Date. Notwithstanding anything in this Agreement to the contrary, the Lessee shall not be permitted to exercise any of its rights under Section 9 of this Agreement with respect to any Units as to which the Lessee has exercised its option set forth in clause (y) of the first paragraph of this Section 10.

Appears in 1 contract

Sources: Participation Agreement (Gatx Rail Corp)

Deferred Payment for Early Purchase Option. If Lessee ------------------------------------------ elects to exercise an early purchase option pursuant to Section 22.1(b) of the Lease with respect to Units in a Basic Group, Lessee may, at its option, either (x) pay the entire Early Purchase Price applicable to such Units on the applicable Early Purchase Date, as provided in Section 22.1(b) of the Lease and Schedule 6A of this Participation Agreement or (y) pay a portion of such Early Purchase Price on the applicable Early Purchase Date and the balance in installments thereafter, on the applicable dates and in the applicable amounts for such Basic Group as indicated on Schedule 6B; , provided that Lessee may not elect the option set forth in this clause (y) herein unless the principal amount of the related Equipment Note applicable to such Units together with accrued interest thereon and any applicable Make-Whole Amount shall have been paid in respect of such Units pursuant to Section 2.10(c) of the Indenture and all other sums due and owing to Indenture Trustee and Loan Participants under the Operative Agreements shall have been paid in full on or prior to the Early Purchase Date. Notwithstanding anything in this Agreement to the contrary, the Lessee shall not be permitted to exercise any of its rights under Section 9 of this Agreement with respect to any Units as to which the Lessee has exercised its option set forth in clause (y) of the first paragraph of this Section 10.

Appears in 1 contract

Sources: Participation Agreement (Gatx Rail Corp)