Lease Transactions Clause Samples

Lease Transactions. Borrower shall not enter into any sale and lease-back arrangement, either directly or indirectly without the prior consent of Lender which consent shall not be unreasonable withheld or conditioned.

Lease Transactions. No Obligor Party shall enter into any arrangement with any Person providing for the leasing by an Obligor Party of real or personal property that has been or is to be sold or transferred by an Obligor Party to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of any Obligor Party, other than any such arrangement (a) that is permitted by Section 6.04 or (b) that is approved by the Required Lenders, such approval not to be unreasonably withheld, conditioned or delayed.

Lease Transactions. No Loan Party shall enter into any arrangement with any Person providing for the leasing by a Loan Party of real or personal property that has been or is to be sold or transferred by a Loan Party to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of any Loan Party, other than any such arrangement (a) that is permitted by Section 6.04 or (b) that is approved by the Required Lenders, such approval not to be unreasonably withheld, conditioned or delayed.

Lease Transactions. Each Lease Transaction shall take place as follows, and in accordance with such policies and procedures as more specifically agreed in writing by the parties: 4.1 FedEx shall place each Order for CryoPort Express hereunder with CryoPort through the CryoPort Express Portal, in such manner, by such means and containing such information as specified by CryoPort. 4.2 CryoPort shall use commercially reasonable efforts to accept or reject an Order as soon as possible and in any event no later than 24 hours after receipt of the Order. Each Order that is accepted shall be evidenced by issuance of an Order Confirmation. The Order Confirmation shall confirm for each Lease Transaction the following: (a) the name and shipping address of the applicable Customer, (b) the CryoPort facility where the Container shall be picked up to begin the Lease Transaction, and the CryoPort facility where the Container shall be delivered to end the Lease Transaction, (c) the applicable Shipping Plan, (d) the number and type of leased Container(s), (e) a description of the designated contents to be shipped, together with the applicable government regulated codes and descriptions (including without limitation hazardous classification and harmonization codes) therefor, where applicable, (f) the Commencement Date (g) the Related Goods and Services (if any).and (h) the applicable Fees. Acceptance or rejection of each Order shall be communicated to FedEx. Acceptance of any Order is subject to availability of Containers and Related Goods and Services. The Customer placing the Order shall have the right to cancel a Lease Transaction four (4) days prior to the Commencement Date. CryoPort shall make the Container(s) which are the subject of the Order available for pick-up by FedEx on the Commencement Date at the CryoPort facility indicated on the Order Confirmation prior to the designated pick-up time for that location. The parties acknowledge that exceptions to the above procedures may be necessary or beneficial on occasion and said exceptions shall be agreed upon through reasonable procedures established by the parties in writing. 4.3 For each transaction, CryoPort must affix the applicable shipping or transportation labels as set forth in the applicable Order. FedEx shall not alter, remove or modify any labels provided by CryoPort or affixed by CryoPort to any Container, nor affix any other labels or markings to any Container without CryoPort’s consent; provided, however, that, in the course ...

Lease Transactions. Neither the Borrower nor any Permitted Project Company shall enter into any transaction for the lease of any assets, whether operating leases, capital leases or otherwise, other than the transactions contemplated by the PILOT Agreements and Permitted Rail Car Leases, pursuant to any lease constituting Permitted Debt or pursuant to leases of automobiles, office equipment or the like pursuant to which the aggregate annual lease payments by the Borrower do not exceed $100,000 per calendar year (in year 2007 Dollars adjusted for inflation in accordance with GDP-IPD Index).

Lease Transactions. The Borrower shall not enter into any transaction for the lease of any of its assets, whether operating leases, capital leases or otherwise, other than the Site Lease Agreements.

Lease Transactions. The Borrower will not, and will take all Relevant Member Action to cause Portfolio not to, enter into any transaction for the lease of any assets, whether operating leases, capital leases or otherwise.

Lease Transactions. Each lease of a Container hereunder (each a “Lease Transaction”) shall take place as follows, and such policies and procedures as more specifically agreed in writing by the parties: 2.1 Each Customer or Provider Client that desires to use CryoPort Express shall place an Order either directly with Lessor, or with Lessee who in turn shall place such Order with Lessor, each in such manner and by such means as specified by Lessor.

Lease Transactions. Either (a) amend, modify, waive, or supplement the terms of the Lease Agreement, the Option Agreement, the Subordination Agreements, or the Memorandum of Lease without the consent of the Required Lenders (other than administrative changes of a technical or immaterial nature that are not adverse to the Lenders or changes to the legal description of the Leased Property (as defined in the Lease Agreement) to include either the Delayed Lease Property or the Substitute Property, as applicable, provided that such Delayed Lease Property or Substitute Property is subject to a Mortgage in favor of Agent on behalf of the Lenders at the time of such change to the legal description), or (b) enter into any additional documents with respect to the Lease Transactions (other than the documents required in connection with Article 5(h) hereof, the Tenant Deed of Trust substantially in the form of Exhibit K hereto or such documents necessary to provide that the Delayed Lease Property or the Substitute Property, as applicable, constitutes part of the Leased Property (as defined in the Lease Agreement), including an amendment to the Tenant Deed of Trust, provided that such Delayed Lease Property or Substitute Property is subject to a Mortgage in favor of Agent on behalf of the Lenders at the time of entering into such documents) without the consent of the Required Lenders, not to be unreasonably withheld or delayed.” (p) Section 8 of the Credit Agreement is hereby amended by adding the following new Sections 8.10 and 8.11 at the end of such Section: