Common use of Acquisition of Equipment by Trustee Clause in Contracts

Acquisition of Equipment by Trustee. The Company shall cause to be sold to the Trustee, as trustee for the holders of the Trust Certificates, as soon as practicable, all of the Equipment described in Schedule I hereto; provided, however, that if the aggregate Cost of the Trust Equipment delivered to the Trustee or its agent or agents pursuant to this Article Three, as specified in the Officers' Certificate theretofore delivered to the Trustee pursuant to Section 3.04, shall exceed _______% of the aggregate principal amount of Trust Certificates issued under Section 2.01, upon Request the Trustee shall execute and deliver to the Company a supplement hereto excluding from this Agreement Equipment having a Cost in excess of such amount so that the aggregate Cost of the Trust Equipment shall not exceed _______% of the aggregate principal amount of the Trust Certificates issued pursuant to Section 2.01. The Trust Equipment sold to the Trustee shall be delivered to the person or persons designated by the Trustee as its agent or agents to accept such delivery (who may be one or more of the officers or agents of the Company) and the certificate of any such agent or agents as to such delivery and acceptance shall be conclusive evidence of such delivery. In the event that the Company shall deem it necessary or desirable to procure for the use of the Company, and to include in the trust hereby created, other Equipment in lieu of any units of the Equipment specifically described in Schedule I hereto prior to the acceptance of such Equipment by the Trustee or its agent or agents, or in the event that any unit of the Equipment described in Schedule I hereto shall suffer a Casualty Occurrence as defined in Section 4.08, prior to such acceptance, the Company may cause to be sold to the Trustee other Equipment, to be substituted under the trust.

Acquisition of Equipment by Trustee. The Company shall cause to be sold to the Trustee, as trustee for the holders of the Trust Certificates, (i) as soon as practicable, all of the Equipment described in Schedule I heretohereto and (ii) on or before June __, 1996, all of the Equipment to be described on a schedule to be prepared and attached to a supplement to this Agreement to be executed and delivered on or before June __, 1996; provided, however, that if the aggregate Cost of the Trust Equipment delivered to the Trustee or its agent or agents pursuant to this Article Three, as specified in the Officers' Certificate theretofore delivered to the Trustee pursuant to Section 3.04, shall exceed _______133-1/3% of the aggregate principal amount of Trust Certificates issued under Section 2.01, upon Request the Trustee shall execute and deliver to the Company a supplement hereto excluding from this Agreement Equipment having a Cost in excess of such amount so that the aggregate Cost of the Trust Equipment shall not exceed _______133-1/3% of the aggregate principal amount of the Trust Certificates issued pursuant to Section 2.01. The Trust Equipment sold to the Trustee shall be delivered to the person or persons designated by the Trustee as its agent or agents to accept such delivery (who may be one or more of the officers or agents of the Company) and the certificate of any such agent or agents as to such delivery and acceptance shall be conclusive evidence of such delivery. In the event that the Company shall deem it necessary or desirable to procure for the use of the Company, and to include in the trust hereby created, other Equipment in lieu of any units of the Equipment specifically described in Schedule I or II hereto prior to the acceptance of such Equipment by the Trustee or its agent or agents, or in the event that any unit of the Equipment described in Schedule I or II hereto shall suffer a Casualty Occurrence as defined in Section 4.08, prior to such acceptance, the Company may cause to be sold to the Trustee other Equipment, to be substituted under the trust.

Acquisition of Equipment by Trustee. The Company shall cause to be sold to the Trustee, as trustee for the holders of the Trust Certificates, Certificates as soon as practicable, all of the Equipment described in Schedule I hereto; provided, however, that if the aggregate Cost of the Trust Equipment delivered to the Trustee or its agent or agents pursuant to this Article Three, as specified in the Officers' Certificate theretofore delivered to the Trustee pursuant to Section 3.04, shall exceed _______% of the aggregate principal amount of Trust Certificates issued under Section 2.01, upon Request the Trustee shall execute and deliver to the Company a supplement hereto excluding from this Agreement Equipment having a Cost in excess of such amount so that the aggregate Cost of the Trust Equipment shall not exceed ________ % of the aggregate principal amount of the Trust Certificates issued pursuant to Section 2.01. The Trust Equipment sold to the Trustee shall be delivered to the person or persons designated by the Trustee as its agent or agents to accept such delivery (who may be one or more of the officers or agents of the Company) and the certificate of any such agent or agents as to such delivery and acceptance shall be conclusive evidence of such delivery. In the event that the Company shall deem it necessary or desirable to procure for the use of the Company, and to include in the trust hereby created, other Equipment in lieu of any units of the Equipment specifically described in Schedule I hereto prior to the acceptance of such Equipment by the Trustee or its agent or agents, or in the event that any unit of the Equipment described in Schedule I hereto shall suffer a Casualty Occurrence as defined in Section 4.08, prior to such acceptance, the Company may cause to be sold to the Trustee other Equipment, to be substituted under the trust. If the aggregate Cost, as specified in the Officers' Certificate theretofore delivered to the Trustee pursuant to Section 3.04, of the Trust Equipment delivered to the Trustee or its agent or agents pursuant to this Article Three shall be less than _____% of the principal amount of the Trust Certificates issued pursuant to Section 2.01, the Company will cause to be sold to the Trustee additional Equipment in such amount and of such Cost that such aggregate final Cost of the Trust Equipment will be at least _____% of the principal amount of the Trust Certificates issued pursuant to Section 2.01.