Purchase Options Clause Samples

Purchase Options. No Property or any part thereof is subject to any purchase options, rights of first refusal, rights of first offer or other similar rights in favor of third parties.

Purchase Options. Neither the Property nor any part thereof is subject to any purchase options or other similar rights in favor of third parties.

Purchase Options. Lessee shall have the option, (i) upon at least thirty (30) days irrevocable prior written notice to Lessor prior to the EBO Date with respect to the purchase option set forth in clause (1) and (ii) upon at least one hundred twenty (120) days irrevocable prior written notice to Lessor prior to the relevant purchase date (each a "Purchase Option Date") with respect to the purchase options set forth in clauses (2) and (3), to terminate this Lease and to purchase the Aircraft: (1) on the EBO Date, for a purchase price equal to the EBO Amount set forth on Exhibit D, it being understood that if such amount is to be paid in installments, Lessee will, upon payment of the first installment of the EBO Amount, on the EBO date, receive title to the Aircraft free and clear of all liens (other than the Lien of the Indenture if Lessee has elected to assume the Equipment Notes in accordance with Section 7(u) of the Participation Agreement); (2) on the last Business Day of the Basic Term for a purchase price equal to the fair market sales value of the Aircraft on such date, provided, however, that in no event shall such purchase price exceed 50% of Lessor's Cost; (3) on the last Business Day of any Renewal Term for a purchase price equal to the fair market sales value of the Aircraft on such date. Notwithstanding the foregoing but subject to the last sentence of this paragraph, the purchase price on any Purchase Option Date shall be sufficient, together with all other amounts payable simultaneously by Lessee, to pay in full the payments then required to be made on account of the principal amount of and accrued and unpaid interest on the Equipment Notes then outstanding. Upon payment to Lessor in immediately available funds in Dollars of the full amount of the purchase price and payment of any other amounts then due hereunder (including all Rent and all reasonable costs or expenses of the Owner Participant in connection with such purchase), Lessor will transfer to Lessee, without recourse or warranty (except as to the absences of Lessor Liens), all of Lessor's right, title and interest in and to the Aircraft. Notwithstanding the foregoing, Lessee may, in accordance with Section 7(u) of the Participation Agreement, assume the principal amount of the Equipment Notes then outstanding on any applicable Purchase Option Date in which event Lessee shall receive a credit against the purchase price otherwise payable pursuant to the preceding two sentences in an amount equal to the ...

Purchase Options. Lessee shall have the option to purchase the Aircraft at the end of the Base Lease Term and each Renewal Term, so long as no Lease Default (of the type described in Section 14.1 or 14.5) or Lease Event of Default shall have occurred and be continuing on the date of notice of exercise of such option. In order to exercise such option, Lessee shall notify Lessor thereof in writing not more than nine months nor less than six months prior to the end of the Base Lease Term or such Renewal Term, as applicable (which notice shall be irrevocable). In such case, Lessee shall purchase the Aircraft on the last Business Day of the Base Lease Term or such Renewal Term, as applicable, at a purchase price equal to the fair market sales value thereof as of such last Business Day. Such fair market sales value shall be determined not later than three months prior to such last Business Day by mutual consent of Owner Participant and Lessee or, if they shall be unable so to agree, by three recognized independent aircraft appraisers, one chosen and paid for by Owner Participant, one chosen and paid for by Lessee and the third appraiser chosen by the mutual consent of the first two appraisers and paid for equally by Owner Participant and Lessee, the appraisals of which three appraisers shall be averaged and such average shall be deemed to be the fair market sales value of the Aircraft for all purposes hereof; provided, however, that if the appraisal of one appraiser is more disparate from the average of all three appraisals than each of the other two appraisals, then the appraisal of such appraiser shall be excluded, the remaining appraisals shall be averaged and such average shall be deemed to be the fair market sales value of the Aircraft for all purposes hereof. If either Owner Participant or Lessee shall fail to appoint an appraiser by the date which is two months prior to such last Business Day or if such two appraisers cannot agree on the amount of such appraisal and fail to appoint a third appraiser by the date which is one month before such last Business Day, then either Owner Participant or Lessee may apply to any court having jurisdiction to make such appointment. For purposes of this Section 18.2, fair market sales value shall be the cash price obtainable in an arm's-length sale between an informed and willing buyer (under no compulsion to buy) and an informed and willing seller (under no compulsion to sell) and shall be determined on the assumptions that the Aircraft ...

Purchase Options. Lessee shall have the option, upon at least ninety (90) days' irrevocable prior written notice to Lessor, to purchase the Aircraft on the last Business Day of the Basic Term or any Renewal Term for a purchase price equal to the lesser of (x) the fair market sales value of the Aircraft or (y) 50% of Lessor's Cost. Upon payment to Lessor in immediately available funds of the full amount of the purchase price and payment of any other amounts then due hereunder (including all Rent and all costs or expenses of the Owner Participant in connection with such purchase), Lessor will transfer to Lessee, without recourse or warranty (except as to the absence of Lessor Liens, including for this purpose Liens which would be Lessor Liens but for the proviso in the definition of Lessor Liens), all of Lessor's right, title and interest in and to the Aircraft.

Purchase Options. Neither the Property nor any direct interest therein is subject to any purchase options, rights of first refusal, rights of first offer or other similar rights in favor of any Person except as set forth in the Joint Venture Agreement.

Purchase Options. With respect to any Portfolio Railcars that are subject to a purchase option granted to the Lessee under the relevant Lease, (i) such purchase option is exercisable by the applicable Lessee for a purchase price not less than (at the time of such purchase) the greater of (1) an appraiser’s estimate at Lease inception of fair market value at the time of potential exercise under the option provision, and (2) 105% of the product of the Railcar Advance Rate and the Adjusted Value of the Portfolio Railcars subject to such purchase option and (ii) the sum of (x) the aggregate Adjusted Values of all Portfolio Railcars subject to such Lease and all Portfolio Railcars subject to any other Lease containing a purchase option and (y) the aggregate sum of the Adjusted Values of all Portfolio Railcars that the Issuer has sold pursuant to Permitted Discretionary Sales or Purchase Option Dispositions, does not exceed 35% of the highest aggregate Adjusted Value of all Portfolio Railcars held by the Issuer at any particular time up to the date this representation is made or deemed made. Any such purchase option complying with each of the foregoing limitations described in clauses (i) and (ii) above is referred to herein and in the other Operative Agreements as a “Permitted Purchase Option.”

Purchase Options. 51 (c) Valuation.........................................................52

Purchase Options. (a) In the event of: (A) the insolvency of the Class B Member, General Cable Corporation, or any relevant Affiliate, or a Material Breach by the Class B Member, General Cable Corporation, or any relevant Affiliate, (B) the occurrence of any Irreconcilable Difference, other than an Irreconcilable Difference under item (i) of the definition of an Irreconcilable Difference (i.e., insolvency or Material Breach of the Class A Member or SpecTran), after one year from the date hereof, or (C) the occurrence of an Event of Withdrawal of the Class B Member other than with the consent of the Class A Member; the Class A Member shall have the option, which must be exercised by the delivery to the Class B Member of written notice of its intent to exercise its option, and by the exercise of such option within sixty (60) days after the occurrence of such Irreconcilable Difference (the "Option Period"), to be assigned all and not less than all of the Interest of the Class B Member at the Option Price. The Option Period will automatically be extended for the period necessary to establish the Option Price. (b) In the event of: (A) the Bankruptcy or insolvency of the Class A Member, SpecTran, or any relevant Affiliate, (B) a Material Breach by the Class A Member, SpecTran or any relevant Affiliate, or (C) the Class A Member's failure to exercise, within the Option Period, its option to acquire an assignment of the Interest of the Class B Member pursuant to Section 10.5(a); the Class B Member shall have the option to acquire an assignment of all and not less than all of the Interest of the Class A Member at the Option Price. Such option must be exercised by the delivery to the Class A Member of written notice of its intent to exercise its option, and by the exercise of such option within thirty (30) days after the Class B Member is notified of its option under this Section 10.5(b) or the expiration of the Option Period.