Common use of Amounts Due Clause in Contracts

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Lessor that (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each Lease shall be equal to the aggregate payments due and payable in respect of Yield accrued on the Equity Investment due on each Payment Date for such Lease; (ii) if the Lessee elects an Early Termination Option or a Purchase Option under a Lease, the Equity Investment, all Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor shall be paid in full by the Lessee in accordance with Article XX or Article XXI of such Lease, as applicable; (iii) if the Lessee properly elects a Return Option and remarkets a Leased Property in accordance with Article XXII of a Lease, in the absence of a Default or Event of Default thereunder, Lessee shall be required to pay the Sale Proceeds of the sale of such Leased Property (in an amount not to exceed the Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such Lease), and if the Sale Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) the Recourse Deficiency Amount, all in accordance with Article XXII of such Lease, and any amounts due pursuant to Article VII hereof and Section 22.3(a) of such Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Event of Default, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment and all accrued Yield thereon, plus all other amounts then payable by the Lessee to the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment at such times and in such amounts as the Lease Balances becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessee, Certificate Trustee and the Lessor that Participants that: (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Yield accrued on the Equity Investment due Certificates on each Payment Date for such LeaseDate; (ii) if the Lessee elects an the Early Termination Option or a the Purchase Option or becomes obligated to purchase the Units under a the Lease, the Equity Investmentprincipal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor Participants, Agent and Certificate Trustee shall be paid in full by the Lessee in accordance with Article XX or Article XXI IX of such the Lease, as applicable; (iii) if the Lessee properly elects a Return the Sale Option and remarkets a Leased Property the Units in accordance with Article XXII IX of a the Lease, in the absence of a Default or Event of Default thereunder, Lessee shall only be required to pay the Sale Proceeds of the sale of such Leased Property (in an amount not to exceed the Lease BalanceUnits and, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such Lease), and if the Sale Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) but not more than the Recourse Deficiency Applicable Percentage Amount, all in accordance with Article XXII IX of such the Lease, and any amounts due pursuant to Article VII Section 7.3 hereof and Section 22.3(a) 9.4 of such the Lease (which aggregate amounts may be less than the related Lease Balance)) together with all other Supplemental Rent then due and payable; and (iv) upon the occurrence and continuance of a Default or Lease Event of DefaultDefault resulting in an acceleration of Lessee's obligation to purchase the Units under the Lease, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by the Lessee to Participants, Agent and Certificate Trustee under the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment at such times and in such amounts as the Lease Balances becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it It is the intention of the Lessee and the Lessor Participants that (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of Yield accrued on and payable with respect to the Equity Investment Rent Assignment Advances under each Rent Assignment Agreement due on each Payment Date for such Leaseand Yield accrued on and payable with respect to the Lessor Retained Interest due on each Payment Date; (ii) if the Lessee elects an the Early Termination Option or a elects or is deemed to have elected the Purchase Option under a LeaseOption, the Equity outstanding principal of the Rent Assignment Advances, Lessor Retained Interest and the Lessor Investment, all Yield thereonon the Guaranteed Lease Balance, all Lessor’s Gain, any Break Amount, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor Agents and the Participants shall be paid in full by the Lessee in accordance with Article XX or Article XXI of such the Lease, as applicable; (iii) if upon a proper election of the Lessee properly elects a Return Option and remarkets a Leased Property in accordance with Article XXII of a the Lease, in the absence of a Default or Event of Default thereunderDefault, the Lessee shall be required to pay the Sale Proceeds of the sale of such the Leased Property (in an amount not to exceed the Adjusted Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such the Lease), and if the Sale Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) the Recourse Deficiency Amount, all in accordance with Article XXII of such Lease, and any amounts due pursuant to Article VII hereof and Section 22.3(a) of such Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Event of Default, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment and all accrued Yield thereon, plus all other amounts then payable by the Lessee to the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment at such times and in such amounts as the Lease Balances becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance or the Recourse Deficiency Amount, as the case may be.the

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Lessor that (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each Lease shall be equal to the aggregate payments due and payable in respect of Yield accrued on the Equity Investment due on each Payment Date for such LeaseDate; (ii) if the Lessee elects an Early Termination Option or a Purchase Option under a Lease, the Equity Investment, all Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor shall be paid in full by the Lessee in accordance with Article XX or Article XXI of such Lease, as applicable; (iii) if the Lessee properly elects a Return Option and remarkets a Leased Property in accordance with Article XXII of a Lease, in the absence of a Default or Event of Default thereunderthereunder (other than an Event of Default that is declared solely and exclusively on the basis of one or more 97-1 Event of Defaults with respect to which Lessor has not yet commenced exercising remedies), Lessee shall be required to pay the Sale Proceeds of the sale of such Leased Property (in an amount not to exceed the Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such the Lease), and if the Sale Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) the Recourse Deficiency Amount, all in accordance with Article XXII of such the Lease, and any amounts due pursuant to Article VII hereof and Section 22.3(a) of such the Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Event of DefaultDefault (other than an Event of Default that is declared solely and exclusively on the basis of one or more 97-1 Event of Defaults with respect to which Lessor has not yet commenced exercising remedies), the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment and all accrued Yield thereon, plus all other amounts then payable by the Lessee to the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment Advances at such times and in such amounts as the Lease Balances Balance becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance Balance, the Purchase Amount, the Sales Proceeds or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessee, Certificate Trustee and the Lessor Participants that (i) during the Base Term, the amount and timing of installments of Interim Rent and Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of Interest accrued on the Notes, Yield accrued on the Equity Investment Certificates and principal, if any, due with respect to the Notes, on each Payment Date for such LeaseDate; (ii) if the Lessee elects an Early Termination Option or a the Purchase Option under a LeaseOption, the Equity Investmentprincipal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor Participants, Agent and Certificate Trustee shall be paid in full by the Lessee in accordance with Article XX or Article XXI 12.1(b) of such the Lease, as applicable; (iii) if the Lessee properly elects a Return the Sale Option and remarkets a Leased Property sells or returns the Items of Equipment in accordance with Article XXII 12 of a the Lease, in the absence of a Default or Event of Default thereunder, Lessee shall only be required to pay the Sale Proceeds Proceeds, if any, of the sale of such Leased Property (in an amount not to exceed the Lease BalanceItems of Equipment and, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such Lease), and if the Sale Proceeds are less than the related LSI Trust No. 2001-A Participation Agreement Lease Balance, the lesser of (x) the amount of such difference and (y) the Recourse Deficiency Applicable Percentage Amount, all in accordance with Article XXII 12 of such the Lease, and any amounts due pursuant to Article VII Section 7.7 hereof and Section 22.3(a) of such Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Lease Event of DefaultDefault resulting in an acceleration of Lessee's obligation to purchase all but not less than all of the Items of Equipment under the Lease, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by the Lessee to Participants, Agent and Certificate Trustee under the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment Advances at such times and in such amounts as the Lease Balances Balance becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance Balance, the Purchase Amount, the Sale Proceeds or the Recourse Deficiency Applicable Percentage Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessee, Lessor, and the Lessor that Participants that: (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of interest accrued on the Notes and Yield accrued on the Equity Investment due Certificates on each Payment Date for such LeaseDate; (ii) if Lessee becomes obligated to purchase all of the Lessee elects an Early Termination Option or a Purchase Option Leased Property under a the Lease, the Equity Investmentprincipal of the Notes, the Certificate Amounts, all interest and Yield thereon, all Fees and Transaction Costs thereon and all other obligations of the Lessee owing to the Participants, Agent and Lessor shall be paid in full by the Lessee in accordance with all of Article XX or Article XXI of such the Lease, as applicable; (iii) if the Lessee properly elects a Return the Sale Option and remarkets a markets the Leased Property in accordance with Article XXII ARTICLE XXI of a the Lease, in the absence of a Default or Event of Default thereunder, Lessee shall only be required to pay the Sale Proceeds of the sale of such Leased Property (in an amount (not to exceed the Lease Balance, any excess being payable ) equal to the Lesseesum of (a) the Sale Proceeds, except in (b) the case of application of Section 22.4 of such Lease)Sale Recourse Amount, and if the Sale Proceeds are less than the related Lease Balance, the lesser of (xc) the amount of such difference and (y) the Recourse Deficiency Amount, all in accordance with Article XXII of such Lease, and any amounts due pursuant to Article VII hereof SECTION 7.8 and Section 22.3(a) 22.3 of such the Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Lease Event of DefaultDefault resulting in an acceleration of Lessee's obligation to purchase the Leased Property under the Lease, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment principal under the Notes, the Certificate Amounts and all accrued interest and Yield thereon, plus all other amounts then payable by the Lessee to the Participants, Agent and Lessor under the Operative Documents. (b) Lessee shall pay or repay the Equity Investment at such times and in such amounts as the Lease Balances becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it It is the intention of the Lessee and the Lessor Participants that (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of Yield accrued on and payable with respect to the Equity Investment Rent Assignment Advances under each Rent Assignment Agreement due on each Payment Date for such Leaseand Yield accrued on and payable with respect to the Lessor Retained Interest due on each Payment Date; (ii) if the Lessee elects an the Early Termination Option or a elects or is deemed to have elected the Purchase Option under a LeaseOption, the Equity outstanding principal of the Rent Assignment Advances, Lessor Retained Interest and the Lessor Investment, all Yield thereonon the Guaranteed Lease Balance, all Lessor’s Gain, any Break Amount, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor Agents and the Participants shall be paid in full by the Lessee in accordance with Article XX or Article XXI of such the Lease, as applicable; (iii) if upon a proper election of the Lessee properly elects a Return Option and remarkets a Leased Property in accordance with Article XXII of a the Lease, in the absence of a Default or Event of Default thereunderDefault, the Lessee shall be required to pay the Sale Proceeds of the sale of such the Leased Property (in an amount not to exceed the Adjusted Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such the Lease), and if the BUSINESS.29620189.12 Sale Proceeds are less than the related Adjusted Lease Balance, the lesser of (x) the amount of such difference and (y) the Recourse Deficiency Amount, all in accordance with Article XXII of such the Lease, and any amounts due pursuant to Article VII hereof and Section 22.3(a) of such Lease (which aggregate amounts may be less than the related Lease Balance)Lease; and (iv) upon a Default or an Event of Default, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity principal with respect to the Rent Assignment Advances, the Lessor Retained Interest and the Lessor Investment and all accrued Yield thereonon the Guaranteed Lease Balance, plus Lessor’s Gain, plus all other amounts then payable by the Lessee to the Lessor Agents and the Participants under the Operative Documents. (b) The Lessee shall pay or repay the Equity Investment Funding at such times and in such amounts as the Lease Balances Balance or the Adjusted Lease Balance, as applicable, becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Adjusted Lease Balance Balance, the Purchase Amount, the Sale Proceeds, Deficiency payments or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee, and Participants that from and after the Lessee and the Lessor that Final Completion Date: (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of Interest accrued on the Notes and Yield accrued on the Equity Investment due Certificates on each Payment Date for (to the extent such LeaseInterest or Yield is not Capitalized Interest or Capitalized Yield); (ii) if Lessee becomes obligated to purchase the Lessee elects an Early Termination Option or a Purchase Option Premises under a the Lease, the Equity Investmentprincipal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs thereon and all other obligations of the Lessee owing to the Lessor Participants, Agent and Certificate Trustee shall be paid in full by the Lessee in accordance with Article XX or and Article XXI of such the Lease, as applicable; (iii) if the Lessee properly elects a Return the Sale Option and remarkets a Leased Property the Premises in accordance with Article XXII of a the Lease, in the absence of a Default or Event of Default thereunder, Lessee shall only be required to pay the Sale Sales Proceeds of the sale of such Leased Property (in an amount not to exceed the Lease BalancePremises and, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such Lease), and if the Sale Sales Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) but not more than the Sale Recourse Deficiency Amount, all in accordance with Article XXII of such the Lease, and any amounts due pursuant to Article VII Section 7.7 hereof and Section 22.3(a) of such the Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a Default or Lease Event of DefaultDefault resulting in an acceleration of Lessee's obligation to purchase the Premises under the Lease and except as specifically provided in Section 7.9 hereof, the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding Equity Investment principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by the Lessee to Participants, Agent and Certificate Trustee under the Lessor under Operative Documents. (b) Lessee shall pay or repay the Equity Investment at such times and in such amounts as the Lease Balances becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee pursuant to the Operative Documents of Rent, the Lease Balance or the Recourse Deficiency Amount, as the case may be.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it It is the intention of the Lessee and the Lessor Participants that (i) during from and after the Base TermCompletion Date, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under each the Lease shall be equal to the aggregate payments due and payable in respect of Yield accrued on the Equity Lessor Investment and payable with respect to the Rent Assignee Advances under each Rent Assignment Agreement due on each Payment Date for such LeaseDate; (ii) if the Lessee elects an the Early Termination Option or a the Purchase Option under a LeaseOption, the Equity outstanding principal of the Rent Assignment Advances and the Lessor Investment, all Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Lessor Agents and the Participants shall be paid in full by the Lessee in accordance with Article XX or Article XXI of such the Lease, as applicable; (iii) if the Lessee properly elects a the Return Option and remarkets a the Leased Property in accordance with Article XXII of a the Lease, in the absence of a Default or Event of Default thereunderor a default under the Lease, the Lessee shall be required to pay the Sale Proceeds of the sale of such the Leased Property (in an amount not to exceed the Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of such the Lease), and if the Sale Proceeds are less than the related Lease Balance, the lesser of (x) the amount of such difference and (y) the Return Price Recourse Deficiency Amount, all in accordance with Article XXII of such the Lease, and any amounts due pursuant to Article VII hereof and Section 22.3(a) of such the Lease (which aggregate amounts may be less than the related Lease Balance); and (iv) upon a an Event of Default or a default under the Lease that is not solely a Limiting Event pursuant to Section 18.1(b) of Defaultthe Lease or that is not subject to the limitations of Section 18.5 of the Lease, the amounts then due and payable by the Lessee under the related Lease and the Construction Agent under the Construction and Development Agreement shall include all amounts necessary to pay in full the outstanding Equity principal with respect to the Rent Assignment Advances and the Lessor Investment and all accrued Yield thereonon the Lease Balance, plus all other amounts then payable by the Lessee to the Lessor Agents and the Participants under the Operative Documents. (b) The Lessee and the Construction Agent, as applicable, shall pay or repay the Equity Investment Advances at such times and in such amounts as the Lease Balances Balance becomes due and payable, which payment obligations shall be satisfied by and to the extent of any payment made by or on behalf of the Lessee or the Construction Agent, as applicable, pursuant to the Operative Documents of Rent, the Lease Balance Balance, the Purchase Amount, the Sale Proceeds, the Construction Recourse Amount, Deficiency payments, the Return Price Recourse Deficiency Amount or the Recourse Deficiency Amount, as the case may be.