LESSOR'S CONDITIONS Sample Clauses

LESSOR'S CONDITIONS. Lessor's obligation to deliver the Aircraft to Lessee for lease hereunder shall be subject to the receipt of the following documents, in form and substance satisfactory to Lessor, prior to such delivery (unless otherwise provided): (a) The Lease, executed by Lessee and Lessor. (b) A copy of resolutions of the Board of Directors of Lessee or other written evidence of appropriate corporate action, certified by the Secretary of Lessee, duly authorizing or ratifying the lease of the Aircraft hereunder and the execution, delivery and performance of this Lease and the Lease Supplement. (c) An incumbency certificate as to the person or persons authorized to execute and deliver this Lease and the Lease Supplement. (d) An Acceptance Certificate for the Aircraft executed by Lessee. (e) A Lease Supplement for the Aircraft executed by Lessee. (f) A certificate signed by Lessee's insurance brokers evidencing compliance with the insurance provisions of Section 11. (g) Opinions of counsel to Lessee, dated the Delivery Date, in substantially the form of Exhibit E hereto. (h) Such financing statements under the Uniform Commercial Code or other law with respect to the Lease and the Aircraft as shall have been reasonably requested by Lessor. (i) All appropriate action required to have been taken by the Federal Aviation Administration and any other applicable governmental or political agency, subdivision or instrumentality of the United States, on or prior to the Delivery Date in connection with the transactions contemplated by this Lease and the Lease Supplement shall have been taken, and all orders, permits, waivers, authorizations, exemptions and approvals of such entities required to be in effect on the Delivery Date in connection with the transactions contemplated by this Lease and the Lease Supplement shall have been issued, and all such orders, permits, waivers, authorizations, exemptions and approvals shall be in full force and effect on the Delivery Date. (j) Receipt by Lessor of an appraisal of the Aircraft in form and substance satisfactory to Lessor. (k) Delivery to Lessor by Solitair Corporation of an executed warranty ▇▇▇▇ of sale for the Aircraft in form and substance satisfactory to Lessor. (l) Delivery to Lessor by Solitair Corporation of an executed assignment of warranties for the Aircraft and the Engines in form and substance satisfactory to Lessor.
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LESSOR'S CONDITIONS. 16.4.1 Should the Lessor elect to terminate this Lease, the termination shall be effective on the date stated in the Lessor’s notice of termination, which shall be the last day of a month not less than thirty (30) days nor more than one hundred twenty (120) days following the delivery of such notice. 16.4.2 Under no circumstances will: (i) the mere occupation of all or part of the Premises by any proposed assignee or sublessee or Lessor’s tolerance thereof, (ii) the payment of rent or other amounts by any proposed assignee or sublessee to Lessor, or (iii) the consent to any previous assignment or sublease, constitute a waiver of any obligation of Lessee to obtain consent to any assignment or sublease, nor will any of the foregoing be construed as constituting a consent to the proposed assignment or sublease.
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LESSOR'S CONDITIONS. 16.4.1 If the Lessor consents to any such Transfer, the Lessor may require that any and all rent paid by the Transferee, including but not limited to any rent in excess of the rental to be paid under this Lease, shall be paid directly to the Lessor at the time and place specified in this Lease. 16.4.2 Under no circumstance will: (i) the mere occupation of all or part of the Premises by any proposed Transferee or third party or the Lessor’s tolerance thereof, (ii) the payment of rent or other amounts by any proposed Transferee to the Lessor, or (iii) the consent to any previous Transfer, constitute a waiver of any obligation of the Lessee to obtain prior formal written consent to any Transfer, nor will any of the foregoing be construed as constituting a consent to the proposed Transfer.
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LESSOR'S CONDITIONS. The obligations of the Holders to make Holder Advances to the Lessor and of the Lessor to advance the proceeds of Loans from the Lenders and Holder Advances from the Holders on each Funding Date for the purpose of providing funds to or at the direction of the Construction Agent necessary to pay for the construction of the Improvements or Transaction Expenses, or other Project Costs (other than Property Acquisition Costs and Transaction Expenses payable on the initial Funding Date or any Property Closing Date) are subject to the satisfaction or waiver of the following additional conditions precedent:
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Related to LESSOR'S CONDITIONS

  • Vendor’s Conditions The Vendor shall not be obligated to complete the Transaction unless, at or before the Closing Time, each of the conditions listed below in this section has been satisfied, it being understood that the said conditions are included for the exclusive benefit of the Vendor: (a) The representations and warranties of YC in this Agreement shall be true and correct on the Closing Date. (b) YC shall have performed and complied with all of the terms and conditions in this Agreement and the Payment Undertaking on its part to be performed or complied with on or before the Closing Date. (c) As evidence of the satisfaction of the conditions in sections 7.1 (a) and (b), YC shall deliver to the Vendor at the Closing Time a certificate of YC confirming the matters in sections 7.1 (a) and (b) and to the effect that as of the Closing Time all other conditions set forth in this section have been satisfied. The certificate shall be signed by two senior executive officers of YC acceptable to the Vendor, acting reasonably. Notwithstanding the foregoing, the receipt of such certificate and the completion of the Transaction shall not constitute a waiver (in whole or in part) of, or have the effect of modifying or qualifying in any way, any of the representations and warranties of YC made in or pursuant to this Agreement, each of which shall survive the Closing and remain in full force and effect for the benefit of the Vendor as provided in Article 9. (d) YC and the Buyer shall have delivered to the Vendor a legal opinion from counsel acceptable to the Vendor, acting reasonably, and in form and content satisfactory to the Vendor subject to reasonable qualifications, as to the due incorporation and organization of YC and the Buyer, the corporate power and authority of YC and the Buyer, the receipt of all necessary approvals by YC and the Buyer and the enforceability of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement as against YC and the Buyer and the non-conflict of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement with respect to the constating documents of YC and the Buyer and any Applicable Laws. (e) The Vendor Regulatory Approval shall have been granted, obtained and received unconditionally or on terms satisfactory to the Vendor, acting reasonably. (f) No Order shall have been made and no Legal Proceeding shall have been commenced or shall be pending or threatened against the other Party or its affiliates or which enjoins, restricts or prohibits, or which asserts a claim or seeks a remedy that would have the effect of enjoining, restricting or prohibiting the completion of the Transaction. If any condition in this section has not been fulfilled on or before the Closing Date or if any such condition is or becomes impossible to satisfy, other than as a result of the failure of the Vendor to comply with its obligations under this Agreement, then the Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either terminate this Agreement by written notice to YC, in which case the provisions of sections 2.5(c)(iii), (iv) or (v) shall be applicable, or waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

  • Buyer’s Conditions Buyer’s obligations to Close are conditioned upon the following (“Buyer’s Conditions”): (i) All representations and warranties of Seller in this Agreement shall be true, correct and complete in all material respects as of the Closing Date and Seller shall have performed in all material respects all covenants and obligations required to be performed by Seller on or before the Closing Date. (ii) Title Insurance Company is irrevocably committed to issue to Buyer an owner’s title insurance policy covering the Property with standard coverage customary in the state where the Property is located showing liability in the amount of the Purchase Price and showing insurable title to the Property vested in Buyer, subject only to the following: (a) Title Insurance Company’s standard exceptions; (b) liens for all current general and special real property taxes and assessments not yet due and payable; (c) liens of supplemental taxes, if any assessed; (d) any facts an accurate survey and/or a personal inspection of the Property may disclose; (e) the mortgage/deed of trust/deed to secure debt lien in connection with any Buyer financing; (f) any laws, regulations, ordinances (including but not limited to, zoning, building and environmental) as to the use, occupancy, subdivision or improvement of the Property adopted or imposed by any governmental body, or the effect of any non-compliance with or any violation thereof, including but not limited to, any disclosure and/or report required by ordinance; (g) rights of existing tenants and/or occupants of the Property (if any); (h) covenants, restrictions, easements and other matters that do not materially impair the value of the Property or the use thereof; (i) non-monetary encumbrances disclosed to Buyer in writing prior to entering into this Agreement; and (j) any other matter for which Title Insurance Company agrees to provide insurance at no additional cost to Buyer.

  • Seller’s Conditions Notwithstanding any other provision of this Agreement, the obligation of Seller to consummate the Transactions shall be subject to and conditioned upon the following: (i) Buyer’s representations and warranties being true and correct in all material respects as of the Closing and Buyer shall have delivered all documents required to be delivered by Buyer pursuant to Paragraph 5(b) below. (ii) The satisfaction of the [REDACTED] Waiver Condition. In the event the [REDACTED] Waiver Condition is not satisfied at or prior to Closing, then Seller may elect to either (a) terminate this Agreement with respect to the Commerce Property (but not the other Properties), in which event the Purchase Price shall be reduced by the Allocated Purchase Price for the Commerce Property, neither party shall have any further liability or obligation under this Agreement with respect to the Commerce Property (except for the provisions of this Agreement which recite that they survive termination), and the Closing shall proceed with respect to all other Properties, or (b) elect to continue this Agreement in full force and effect with respect to the Commerce Property. If any condition to Seller’s obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date or other applicable date (other than the condition to Closing set forth in Paragraph 3(g)(ii) for which Seller’s rights for such failure of the condition to Closing are set forth therein), Seller shall have the right to (i) nevertheless proceed to Closing, notwithstanding the non-satisfaction of such condition, in which event Seller shall be conclusively deemed to have waived any such condition, or (ii) terminate this Agreement upon written notice to Buyer prior to Closing, in which case the provisions of Paragraph 3(f) shall apply.

  • Service Conditions Customer acknowledges that in the event of a service issue, Customer is responsible for on-site cooperative testing with LightEdge Technical Support to assist in the diagnosis of the trouble. Customer agrees to be bound to current terms of LightEdge Acceptable Use Policy. Terms of the Acceptable Use Policy are subject to change without notice. Current Acceptable Use Policy can be found here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/legal Customer agrees that any service complaints including concerns regarding level of support, products, service reliability, or any other concerns related to LightEdge or Services being provided by LIghtEdge will be communicated to LightEdge by sending an email to ▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.

  • Subsurface Conditions Unless the Contract Documents stipulate specific quantities and units of rock or unsuitable soils, the Contractor shall assume material below the surface of the Earth to be earth and other material that can be removed by power shovel or similar equipment. Should conditions encountered below the surface of the ground be at variance to the number of unit requirements as indicated by drawings or specifications, and absent an agreed-upon unit price established prior to the bid by Addendum, or after contract execution by Change Order, the Contract Sum and/or time shall be adjusted as provided in the Contract Documents for changes in the work.