Common use of Application in Default Clause in Contracts

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d) or Section 11(e) which is otherwise payable to Lessee shall not be paid to Lessee, or, if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged and thereafter by Lessor as security for the obligations of Lessee, or, at the option of Lessor or the Indenture Trustee, as the case may be, applied by Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed in default. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee in excess of the amount, if any, which Lessor or Indenture Trustee has elected for application as provided above, shall be paid to Lessee.

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d12(c) or Section 11(e12(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, or if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Indenture Trustee, so long as the Lien of the Indenture shall not have been discharged, and thereafter to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee Trustee, so long as the Lien of the Indenture shall not have been discharged discharged, and thereafter held by Lessor as security for the obligations of Lessee, or, at the option of Lessor Indenture Trustee or the Indenture Trustee, as the case may beLessor, applied by Indenture Trustee or Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed declared in default, as Indenture Trustee or Lessor may elect. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee or Lessor in excess of the amount, if any, which Lessor or Indenture Trustee or Lessor has elected for application as provided above, shall be paid to Lessee.

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d11(c) or Section 11(e11(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged and thereafter by Lessor as security for the obligations of Lessee, or, at the option of Lessor or the Indenture Trustee, as the case may be, applied by Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed in default. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee in excess of the amount, if any, which Lessor or Indenture Trustee has elected for application as provided above, shall be paid to Lessee.which

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d12(c) or Section 11(e12(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, or if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Indenture Trustee, so long as the Lien of the Indenture shall not have been discharged, and thereafter to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts -71- 72 shall be paid to and held by Indenture Trustee Trustee, so long as the Lien of the Indenture shall not have been discharged discharged, and thereafter held by Lessor as security for the obligations of Lessee, or, at the option of Lessor Indenture Trustee or the Indenture Trustee, as the case may beLessor, applied by Indenture Trustee or Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed declared in default, as Indenture Trustee or Lessor may elect. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee or Lessor in excess of the amount, if any, which Lessor or Indenture Trustee or Lessor has elected for application as provided above, shall be paid to Lessee.

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d12(c) or Section 11(e12(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, or if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Indenture Trustee, so long as the Lien of the Indenture shall not have been discharged, and thereafter to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged discharged, and thereafter held by Lessor as security for the obligations of Lessee, or, at the option of Lessor Indenture Trustee or the Indenture Trustee, as the case may beLessor, applied by Indenture Trustee or Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed declared in default, as Indenture Trustee or Lessor may elect. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee or Lessor in excess of the amount, if any, which Lessor or Indenture Trustee or Lessor has elected for application as provided above, shall be paid to Lessee.

Application in Default. Any amount referred to in clause (iSection 12(d)(i) or (ii) of Section 11(d) ), or Section 11(e) 12(e), which is otherwise payable to Lessee shall not be paid to Lessee, or, if it has been previously paid to Lessee and not yet applied by Lessee as permitted or retained by Lesseerequired hereunder, shall be paid delivered by Lessee to Lessor, if at the time of such payment or retention payment, a Default or an Event of Default shall have occurred and be continuingcontinuing or if this Lease shall have been declared in default in accordance with Section 18 hereof. In such either case, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged and thereafter by Lessor as security for the obligations of Lessee, or, at the option of Lessor or the Indenture Trustee, as the case may beLessor, applied by Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed in default. At such time as there shall not be continuing any such Default or Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee in excess of the amount, if any, which Lessor or Indenture Trustee has elected for application as provided above, shall be paid to Lessee, except that if Lessor shall have theretofore declared this Lease to be in default in accordance with Section 18 hereof, such amounts shall be retained by Lessor and disposed of in accordance with the provisions thereof.

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d) or Section 11(e) 11 which is otherwise payable to Lessee shall not be paid to Lessee, or, if it has been previously paid to Lessee, and not yet applied by Lessee as permitted or retained by Lesseerequired hereunder, shall be paid by delivered from Lessee to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, or if Lessor shall have theretofore declared this Lease to be in default in accordance with Section 18 hereof, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged and thereafter by Lessor as security for the obligations of Lessee, or, at the option of Lessor or the Indenture Trustee, as the case may beLessor, applied by Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed in default. At such time as there shall not be continuing any such Default or Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee in excess of the amount, if any, which Lessor or Indenture Trustee has elected for application as provided above, shall be paid to Lessee, except that if Lessor shall have theretofore declared this Lease to be in default in accordance with Section 18 hereof, such amounts shall be retained by Lessor and disposed of in accordance with the provisions thereof.

Application in Default. Any amount referred to in clause paragraphs (i) or (iij) of Section 11(d) or Section 11(e) this Schedule D which is otherwise payable to the Lessee shall not be paid to Lessee, the Lessee or, if it has been previously paid to or the Lessee, will not be retained by the Lessee, shall be paid by Lessee to Lessor, if at the time of such payment or retention a Default or an Lease Event of Default shall have occurred and be continuing. In such caseevent, all such amounts shall be paid to and held by the Indenture Trustee Trustee, so long as the Lien of the Indenture shall not have been terminated or discharged and thereafter by Lessor the Owner Lessor, as security for the obligations of Lesseethe Lessee hereunder, orand be invested in Permitted Investments in accordance with Section 18 of this Facility Lease. Any such amounts, at the option of Lessor or the Indenture Trusteeand any gain realized from such Permitted Investments, as the case may be, be applied by Lessor or the Indenture Trustee, as the case may be, such party toward payment of any of Lessee's such obligations of the Lessee at the time due hereunder, hereunder as Lessor or the Indenture Trustee, as the case such party may be, may elect, including, without limitation, by reason of this Lease being declared or deemed elect in defaultits sole discretion. At such time as there shall not be continuing any such Lease Event of Default or Default, all such amounts at the time held by Lessor the Indenture Trustee, so long as the Lien of the Indenture shall not have been terminated or Indenture Trustee discharged, and thereafter the Owner Lessor, in excess of the amount, if any, which Lessor or Indenture Trustee has such party shall have elected for application to apply as above provided above, shall be paid to the Lessee.

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d12(c) or Section 11(e12(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, or if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Indenture Trustee, so long as the Lien of the Indenture shall not have been discharged, and thereafter to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee Trustee, so long as the Lien of the Indenture shall not have been discharged discharged, and thereafter held by Lessor as security for the obligations of Lessee, or, at the option of Lessor Indenture Trustee or the Indenture Trustee, as the case may beLessor, applied by Indenture Trustee or Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed declared in default, as Indenture Trustee or Lessor may elect. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee in excess of the amount, if any, which Lessor or Indenture Trustee has elected for application as provided above, shall be paid to Lessee.or

Application in Default. Any amount referred to in clause (i) or (ii) of Section 11(d12(c) or Section 11(e12(d) which is otherwise payable to Lessee shall not be paid to Lessee, or, or if it has been previously paid to or retained by Lessee, shall be paid by Lessee to Indenture Trustee, so long as the Lien of the Indenture shall not have been discharged, and thereafter to Lessor, if at the time of such payment or retention a Default or an Event of Default shall have occurred and be continuing. In such case, all such amounts shall be paid to and held by Indenture Trustee so long as the Lien of the Indenture shall not have been discharged discharged, and thereafter held by Lessor as security for the obligations of Lessee, or, at the option of Lessor Indenture Trustee or the Indenture Trustee, as the case may beLessor, applied by Indenture Trustee or Lessor or the Indenture Trustee, as the case may be, toward payment of any of Lessee's obligations at the time due hereunder, as Lessor or the Indenture Trustee, as the case may be, may elect, including, without limitation, by reason of this Lease being declared or deemed declared in default, as Indenture Trustee or Lessor may elect. At such time as there shall not be continuing any such Event of Default or Default, all such amounts at the time held by Lessor or Indenture Trustee or Lessor in excess of the amount, if any, which Lessor or Indenture Trustee or Lessor has elected for application as provided above, shall be paid to Lessee. In the event Lessee shall fail to maintain insurance as herein provided, Lessor, Owner Participant or Indenture Trustee at their respective options, may provide such insurance and, in such event, Lessee shall, upon demand, reimburse Lessor, as Supplemental Rent, or any other such other Person who may have provided such insurance, for the cost thereof.