Bxxxxxx. Xxxxxxx includes the employees performing activities of support and assistance to the Parties’ Board of Directors.
Bxxxxxx. 1106.55:1
Bxxxxxx. 1lO6.47:l sale price of the Undivided Interest and the Real Property Interest and (B) any Basic Rent due or accrued, as the case may be, to and including the Termination Date and shall pay to the Person or Persons entitled thereto all Supplemental Rent (other than Termination Value). Upon compliance by the Lessee with the applicable provisions of this Section 14, the obligation of the Lessee to pay Basic Rent due hereunder for any period after the Termination Date shall cease and the Basic Lease Term shall end on the Termination Date; provided however, that, in the event of termination of this Facility Lease pursuant to this Section 14, the obligations of the Lessee under the ANPP Participation Agreement (except as therein expressly provided in section 15.10 thereof) and the Assignment and Assumption shall continue in full force and effect and shall not be impaired by reason of any such termination. If, other than as a result of the Lessor's election to retain the Undivided Interest and the Real Property Interest as provided in section 14(b), on or as of the Termination Date no such sale shall occur or the Lessee shall not have complied in full with this Section 14, this Facility Lease shall continue in full force and effect in accordance with its terms without prejudice to the Lessee's right to exercise its rights under this section 14 thereafter, except that the Lessee shall not be entitled to deliver another Termination Notice during the 3-year period following such Termination Date. The Lessor shall be under no duty to solicit bids, to inquire into the efforts of the Lessee to obtain bids or otherwise take any action in connection with any such sale other than, if the Lessor has not elected to retain the Undivided Interest and the Real Property Interest, to Transfer the Undivided Interest and the Real Property Interest to the purchaser named in the highest bid certified by the Lessee to the Lessor or obtained by the Lessor, against receipt of the payments provided for herein (but only if such purchaser has obtained all requisite Governmental Action in connection therewith)
Bxxxxxx. DEBT.146:1 When Recorded, Return to: Gxxx X. Xxxxxxx Sxxxx & Wxxxxx 3000 Xxxxxx Xxxx Xxxxxx Phoenix, Arizona 89073 CERTAIN RIGHTS OF THE LESSOR UNDER THE FACILITY LEASE AS HERETOFORE AMENDED AND AS FURTHER AMENDED BY THIS AMENDMENT NO. 2 THERETO HAVE BEEN ASSIGNED TO, AND ARE SUBJECT TO A SECURITY INTEREST IN FAVOR OF, CHEMICAL BANK, AS INDENTURE TRUSTEE UNDER A TRUST INDENTURE, MORTGAGE, SECURITY AGREEMENT AND ASSIGMIENT OF RENTS DATED AS OF AUGUST 12, 1986, AS HERETOFORE AMENDED. THIS AMENDMENT NO. 2 HAS BEEN EXECUTED IN SEVERAL COUNTERPARTS. SEE SECTION 3(e) OF THIS AMENDMENT NO. 2 FOR INF0RMATION CONCERNING THE RIGHTS OF HOLDERS or VARIOUS COUNTERPARTS HEREOF. THIS COUNTERPART IS NOT THE ORIGINAL COUNTERPART. ================================================================================ AMENDMENT NO. 2 Dated as of November 25, 1986 to FACILITY LEASE Dated as of August 12, 1986, am heretofore amended, between THE FIRST NATIONAL BANK OF BOSTON not in its individual capacity, but solely as Owner Trustee under a Trust Agreement, dated as of August 12, 1986, with Bxxxxxx Leasing Corporation, as Lessor and PUBLIC SERVICE COMPANY OF NEW MEXICO, as Lessee ================================================================================ Original Facility Lease Recorded on August 18, 1986, as Instrument No. 86-439392 and Amendment No.1 to the Facility Lease Recorded on November 25, 1986, as Instrument No. 86-650751, all in Maricopa county Recorder's office. ================================================================================ AMENDMENT N0. 2, dated as of November 25, 1986 (Amendment No. 2), to the Facility Lease dated as of August 12, 1986, as heretofore amended, between THE FIRST NATIONAL BANK OF BOSTON, a national banking association, not in its individual capacity, but solely as Owner Trustee under a Trust Agreement, dated as of August 12, 1986, with Bxxxxxx Leasing Corporation, a New York Corporation (the Lessor), and PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation (the Lessee).
Bxxxxxx. Xxxx Xxxxxxxxx shall bind and inure to the benefit of Kennedy and his heirs and personal representatives, and the Company, xxx xts parent, subsidiaries, affiliates, successors and assigns; provided that any transferee, assignee or successor shall be bound by the obligations of the Company hereunder. No party may assign any rights or delegate any obligations hereunder without the prior written consent of the other party; provided however, that the Company may assign its rights and obligations hereunder upon the consummation of a merger or sale of substantially all of the stock or assets of the Company.
Bxxxxxx. Wxxx Xxxducts Leasing Company (DE)
Bxxxxxx x (or Bxxxxxx'x officers', managers', members', employees', or agents') breach, violation, or failure to comply with any law, rule, regulation, statute, ordinance, or other authority or legal requirement governing the employment or independent contract relationship of Bxxxxxx'x employees or independent contractors employed or located at the Business; or (vi) Bxxxxxx'x Plans, or any "multi-employer plan" to which Brawley has or does contribute.
Bxxxxxx. 1106.47:1 If an interest payment on any Note shall be due on a date other than a Basic Rent Payment Date, the Lessee shall pay additional Basic Rent on such date in an amount equal to such interest payment and such payment of additional Basic Rent shall be credited against the Basic Rent due on the Basic Rent Payment Date next succeeding the date that such additional Basic Rent shall have been paid.
Bxxxxxx. 1106.47:1 (including, in the case of both clause (i) and clause (ii) above, but without limitation, to the extent permitted by Applicable Law, interest payable pursuant to this clause (iii)) not paid when due (without regard to any period of grace) for any period for which the same shall be overdue. The Lessor shall have all rights, powers and remedies provided for in this Facility Lease, at law, in equity or otherwise, in the case of non-payment of Basic Rent or Supplemental Rent.
Bxxxxxx. 1106.47:1 consequence of any releveraqing or refunding of the Notes or the issuance of Additional Notes the unpaid principal amount of Notes Outstanding shall be greater or less than the unpaid principal amount of Mxxxx Outstanding immediately prior to such transaction, (ii) in consequence of events described in clause (i) above, the schedule of amortization of principal of Notes Outstanding after such transaction shall be other than the schedule of amortization of principal of Notes immediately prior to such transaction or the interest rate applicable to such Notes shall be other than contained in the Pricing Assumptions, (iii) Transaction Expenses are paid by the Lessor in amounts greater or less than an amount equal to 0.8% of Facility Cost, or (iv) there is any change in the Pricing Assumptions.
