Common use of Amounts Due Under the Lease Clause in Contracts

Amounts Due Under the Lease. Anything herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as interest on the Loans and Yield on the Lessor Amounts on each Scheduled Payment Date; (ii) if the Lessee elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties under the Lease, the Loans, the Lessor Amounts, and all interest, Yield, Commitment Fees and all other obligations of the Lessee owing to the Administrative Agent, the Lessor and the Lenders shall be due and payable in full by the Lessee on the date set forth in the Lease; (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Administrative Agent the proceeds of the sale of each Property, the Maximum Recourse Amount for such Property and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the Property Cost of such Properties), together with all other due and payable Supplemental Rent; (iv) upon a Lease Event of Default resulting in an acceleration of the Lessee's obligation to purchase each Property under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the Properties, plus all other amounts then due from the Lessee under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.

Appears in 2 contracts

Samples: Participation Agreement (Lam Research Corp), Participation Agreement (Lam Research Corp)

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Amounts Due Under the Lease. Anything herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Certificate Holders and the Lenders thatthat except for unindemnified Taxes: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as interest and, to the extent Fixed Rent is paid, as principal, on the Loans and Yield on the Lessor Certificate Holder Amounts on each Scheduled Payment Date; (ii) if the Lessee elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties Property under the Lease, the Loans, the Lessor Certificate Holder Amounts, and all interest, principal, Yield, Commitment Fees thereon and all other obligations of the Lessee owing to the Administrative Agent, the Lessor Agent Certificate Holder, the Certificate Holders and the Lenders shall be due and payable in full by the Lessee on the date set forth in the Lease; (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Administrative Agent from the proceeds of the sale of each Property, Certificate Holder Amounts that are allocable to Qualified Land and that portion of the Maximum Recourse Amount for such Property Loan Balance and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the Property Cost Lease Balance, with any amount in excess of such Propertiesthe Lease Balance being payable to the Lessee), together with all other due ; and payable Supplemental Rent; (iv) upon a Lease an Event of Default resulting in an acceleration of the Lessee's obligation to purchase each Property under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee to the Participants under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.

Appears in 2 contracts

Samples: Construction Agency Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)

Amounts Due Under the Lease. Anything herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessors and the Lenders that: (i) with respect to each Lessee, the amount and timing of installments of Basic Rent due and payable from time to time from the such Lessee under the Lease shall be equal to the aggregate payments due and payable as interest on the Loans and Yield on the Lessor Amounts on each Scheduled Payment Date; (ii) if the Lessee Representative elects the Purchase Option with respect to all of the Properties or the any Lessee becomes obligated to purchase all any of the Properties under the Lease, the Loans, the Lessor Amounts, and all interest, Yield, Yield and Commitment Fees thereon and all other obligations of the Lessee Representative and the Lessor or Lessees with respect to such Property, as the case may be, owing to the Administrative Agent, the Lessor Agent Lessor, the Lessors and the Lenders shall be immediately due and payable in full by the Lessee on the date set forth in the Leasesuch parties; (iii) if the Lessee Representative properly elects the Remarketing Option, the Lessee Representative shall only be required to pay to the Administrative Agent the proceeds of the sale of each Propertyof the Properties, the Maximum Recourse Amount for such Property Loan Balance, Lessor Amounts that are allocable to Qualified Land and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the Property Cost of such PropertiesLease Balance), together with all other due ; and payable Supplemental Rent; (iv) upon a Lease an Event of Default resulting in an acceleration of the LesseeRepresentative's obligation to purchase each Property the Properties under the Lease, the amounts then due and payable by the Lessee Representative under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee Representative and the Lessees to the Participants under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.

Appears in 1 contract

Samples: Participation Agreement (Beverly Enterprises Inc)

Amounts Due Under the Lease. Anything herein or elsewhere in the Operative Agreements to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders thatTrust Certificate Purchasers that except for unindemnified taxes: (i) the amount and timing of installments of Basic Periodic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as mandatory prepayments pursuant to Section 6.2(b) of the Trust Agreement and as interest on the Loans and Yield on the Lessor Amounts Trust Certificates on each Scheduled Payment Date; (ii) if the Lessee elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties Equipment under the LeaseLease (including, but not limited to, Section 18.1 thereof), the Loans, unpaid principal of and interest on the Lessor Amounts, and all interest, Yield, Commitment Fees Trust Certificates and all other obligations of the Lessee owing to the Administrative AgentTrust Certificate Purchasers, the Lessor Trustee and the Lenders Certificate Holders shall be due and payable in full by the Lessee on the date set forth in the Lease; Lease (iii) if the Lessee properly elects shall sell the Remarketing OptionEquipment pursuant to Section 18.3 of the Lease, the Lessee shall only be required to pay to the Administrative Agent Lessor Trustee the proceeds of the sale of each Propertythe Equipment, the Maximum Recourse Amount for such Property and any other amounts due pursuant to Article XIII hereof and under Section 20.2 18.4 of the Master Lease (which aggregate amounts may be less than the Property Cost Lease Balance, with any amount in excess of such Propertiesthe Lease Balance being payable to the Lessee), together with all other due ; and payable Supplemental Rent; (iv) upon a Lease an Event of Default resulting in an acceleration of the Lessee's obligation to purchase each Property the Equipment under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee to the Lessor Trustee and the Trust Certificate Purchasers under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.Agreements. MW 1997-1 Trust Participation Agreement

Appears in 1 contract

Samples: Participation Agreement (Mail Well Inc)

Amounts Due Under the Lease. Anything herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee Agent, the Lessee, the Lessor Certificate Holders and the Lenders thatthat except for unindemnified Taxes: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as interest and, to the extent Fixed Rent is paid, as principal, on the Loans and Yield on the Lessor Certificate Holder Amounts on each Scheduled Payment Date; (ii) if the Lessee Agent elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties Property under the Lease, the Loans, the Lessor Certificate Holder Amounts, and all interest, principal, Yield, Commitment Fees thereon and all other obligations of the Lessee Agent and the Lessee owing to the Administrative Agent, the Lessor Agent Certificate Holder, the Certificate Holders and the Lenders shall be due and payable in full by the Lessee Agent and the Lessee, as the case may be, on the date set forth in the Lease; (iii) if the Lessee Agent properly elects the Remarketing Option, the Lessee Agent shall only be required to pay to the Administrative Agent from the proceeds of the sale of each the Property, that portion of the Maximum Recourse Amount for such Property Loan Balance and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the Property Cost Lease Balance, with any amount in excess of such Propertiesthe Lease Balance being payable to the Lessee), together with all other due ; and payable Supplemental Rent; (iv) upon a Lease an Event of Default resulting in an acceleration of the LesseeLessee Agent's obligation to purchase each the Property under the Lease, the amounts then due and payable by the Lessee Agent and the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee Agent and the Lessee to the Participants under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.

Appears in 1 contract

Samples: Participation Agreement (Truserv Corp)

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Amounts Due Under the Lease. Anything herein or elsewhere in the Operative Agreements to the contrary notwithstanding, it is the intention of the Lessee, the Lessor Lessee and the Lenders thatTrust Certificate Purchasers that except for unindemnified taxes and other amounts: (ia) the amount and timing of installments of Basic Periodic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as mandatory prepayments pursuant to Section 6.2(b) of the Trust Agreement and as interest on the Loans and Yield on the Lessor Amounts Trust Certificates on each Scheduled Payment Date; (iib) if the Lessee elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties Equipment under the LeaseLease (including, but not limited to, Section 18.1 thereof), the Loans, unpaid principal of and interest on the Lessor Amounts, and all interest, Yield, Commitment Fees Trust Certificates and all other obligations of the Lessee owing to the Administrative Agent, Trust Certificate Purchasers and the Lessor and the Lenders Trustee shall be due and payable in full by the Lessee on the date set forth in the Lease; (iiic) if the Lessee properly elects shall sell the Remarketing OptionEquipment pursuant to Section 18.3 of the Lease, the Lessee shall only be required to pay to the Administrative Agent Lessor Trustee the proceeds of the sale of each Propertythe Equipment, the Maximum Recourse Amount for such Property and any other amounts due pursuant to Article XIII hereof and under Section 20.2 18.4 of the Master Lease (which aggregate amounts may be less than the Property Cost Lease Balance, with any amount in excess of such Properties), together with the Lease Balance being payable to the Lessee except as otherwise provided in the last sentence of Section 18.4 of the Lease) plus all other amounts then due from the Lessee to the Lessor Trustee and payable Supplemental Rentthe Trust Certificate Purchasers under the Operative Agreements; (ivd) upon a Lease an Event of Default resulting in an acceleration of the Lessee's obligation to purchase each Property the Equipment under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee to the Lessor Trustee and the Trust Certificate Purchasers under the Operative Documents; and (v) if Agreements. Nothing in this Section 8.2 is intended to limit the Lessee elects to purchase Obligations that survive the expiration or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII earlier termination of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such PropertyLease Term.

Appears in 1 contract

Samples: Participation Agreement (Mail Well Inc)

Amounts Due Under the Lease. Anything herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor and the Lenders parties hereto that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as interest ROC on the Loans Capital and Yield on the Lessor Amounts and, to the extent Fixed Rent is paid, as a return of outstanding Capital and a reduction of outstanding Lessor Amounts, on each Scheduled Payment Date; (ii) if the Lessee elects the Purchase Option with respect to all of the Properties or the Lessee becomes obligated to purchase all of the Properties under the Lease, the LoansCapital, the Lessor Amounts, and all interestROC, Yield, Commitment Fees Yield and all other obligations of the Lessee owing to the Administrative Agent, the Lessor and the Lenders Purchasers shall be due and payable in full by the Lessee on the date set forth in the Lease; (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Administrative Agent from the proceeds of the sale of each Property, Property that portion of the Maximum Recourse Amount for such Property Purchaser Balance and any Tandem Health Care of Ohio, Inc. Participation Agreement amounts due pursuant to Article XIII hereof and Section 20.2 of the Master Lease (which aggregate amounts may be less than the Property Cost Lease Balance, with any amount in excess of such Propertiesthe Lease Balance being payable to the Lessee), together with all other due and payable Supplemental Rent; (iv) if the Lessee terminates the Lease with respect to a Property as a result of an Event of Loss the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay the Property Cost of the affected Property, all accrued and unpaid ROC and Yield related thereto and all other obligations of the Lessee then due and owing to the Administrative Agent and the Participants; and (v) upon a Lease an Event of Default resulting in an acceleration of the Lessee's ’s obligation to purchase each Property under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the aggregate Property Costs of all of the PropertiesLease Balance, plus all other amounts then due from the Lessee to the Participants and the Administrative Agent under the Operative Documents; and (v) if the Lessee elects to purchase or is required to purchase any Property pursuant to Section 14.1, Article XV or XVIII of the Master Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance of such Property.

Appears in 1 contract

Samples: Participation Agreement (Tandem Health Care, Inc.)

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