Certain Equipment Leases Sample Clauses

Certain Equipment Leases. With respect to each Equipment Lease pledged to the Lender hereunder consisting of a Master Lease supplemented with Supplements, the Borrower shall (i) deliver each original Supplement pledged to the Lender hereunder to the Custodian, stamped "Secured Party's Original", together with a certified copy of the related Master Lease (showing the stamped statement required under (iii), below, for inclusion in the Contract File in accordance with the terms of the Custodial Agreement), (ii) maintain exclusive possession of each original Master Lease and not permit any third-party to take possession thereof, (iii) not stamp any counterpart of any Supplement pledged to the Lender hereunder "Secured Party's Original" other than the original Supplement delivered to the Custodian, and (iv) stamp the related Master Lease with a statement to the effect that no security interest in any Supplement pledged to the Lender hereunder may be created through the transfer or possession of any counterpart of such Supplement other than the original counterpart of such Supplement marked "Secured Party's Original" and a certified copy of such Master Lease.
AutoNDA by SimpleDocs
Certain Equipment Leases. Contemporaneously with the execution and delivery hereof, Tenant shall deliver to Landlord true and complete copies of the leases covering the generator and the UPS system and the telephone system installed in the Premises and any and all amendments thereto (collectively, the "Equipment Leases"). Tenant shall keep the Equipment Leases in full force and effect and free from default through June 30, 2000. Tenant shall not modify the Equipment Leases without the prior written consent of Landlord. Upon request of Landlord, Tenant shall execute an assignment of one or more of the Equipment Leases in form and content reasonably acceptable to Landlord, effective as of June 30, 2000, subject to any required consents of the lessor(s) thereunder. Tenant shall use its best efforts to negotiate reduced buyouts of the equipment subject to the Equipment Leases effective as of June 30, 2000 to allow the acquisition and transfer of such equipment to Landlord or its designee(s) on favorable terms. If Landlord is satisfied with the terms of any buyout (in Landlord's sole discretion) and elects to have the buyout consummated and to have the equipment transferred to Landlord or its designee, Landlord will credit against the principal amount of the Certificate, the difference between the higher buyout price required under the express terms of the applicable Equipment Lease and the reduced buyout price negotiated by Tenant.
Certain Equipment Leases. Exhibit G sets forth all master lease agreements to which Huttig is a party and pursuant to which Huttig leases vehicles and equipment located at the Facilities (the “Master Leases”), including the following Master Leases: (i) that certain Security Agreement dated June 18, 2003 between The CIT Group/Equipment Financing, Inc. and Huttig (the “CIT Agreement”); (ii) that certain Truck Lease Agreement dated December 7, 2001 between Ryder Truck Rental, Inc. and Huttig (the “Ryder Agreement”); and (iii) that certain Term Lease Master Agreement dated August 15, 1984 between IBM Credit Corporation and Huttig f/k/a Huttig Sash and Door Company, as amended by an Amendment to Term Lease Master Agreement dated November 13, 2000, an Addendum to Term Lease Supplement dated April 19, 2001 (Supplement No. R00962640), an Addendum to Term Lease Supplement dated May 10, 2001 (Supplement No. R00962640), an Addendum to Term Lease Supplement dated June 26, 2001 (Supplement No. D00985264), an Addendum to Term Lease Supplement dated August 24, 2001 (Supplement No. R00001527), and an Addendum to Term Lease Supplement dated February 1, 2002 (Supplement No. R00042871) (the “IBM Agreement” and, together with the CIT Agreement and the Ryder Agreement, the “Delayed Lease Agreements”). Effective as of the Effective Time, Huttig shall grant the Buyer the right to purchase the Delayed Equipment directly from the lessors under the Master Leases. To the extent the Buyer does not exercise this right, Huttig shall grant the Buyer the right to exclusive use of each item of Delayed Equipment until Huttig shall have acquired each such item and transferred title to the Buyer or partially assigned, leased or subleased such item to the Buyer. The Buyer shall reimburse Huttig for all of Huttig’s payments pursuant to the Delayed Lease Agreements with respect to the Delayed Equipment during the period beginning on the Closing Date and ending with respect to each item of Delayed Equipment upon transfer of title for, or a valid leasehold interest in, such item to the Buyer (with respect to each such item, the “Use Period”). During the Use Period, the Buyer shall bear the risk of loss of the Delayed Equipment. Huttig shall as soon as reasonably practicable following Closing use commercially reasonable efforts, at its expense, to either purchase the Delayed Equipment or, upon obtaining the appropriate consent from a lessor under the Delayed Lease Agreements, partially assign the Delayed Lease Agreement to...
Certain Equipment Leases. Seller shall assign to Buyer and Buyer ------------------------ shall assume the equipment leases which are described on Schedule 1.5, affixed hereto and by this reference made a part hereof.
Certain Equipment Leases. Schedule 3.30 is a complete list of all equipment leases entered into by Omega for which the Seller has signed a personal guaranty.
Certain Equipment Leases. (a) AB is the lessee under the equipment leases described in Schedule 15.14 attached hereto and made part hereof (collectively the "Leases"). AB hereby grants to Hibbing the right to use the equipment leased under the Leases during the Term hereof and Hibbing shall pay to AB all current installments of regularly scheduled amounts required to be paid by AB thereunder, when and as due. AB represents and warrants to Hibbing that, to date, AB has performed and paid all obligations of AB under the Leases and no event of default has occurred and is continuing under any of the Leases. During the term of this Agreement: (i) AB will not terminate, modify or amend the Leases without Hibbing's prior written consent (which may not be unreasonably withheld or delayed); and (ii) AB will pay and perform all of its obligations under the Leases. AB has provided Hibbing with true, correct and complete copies of the Leases. (b) Hibbing shall indemnify and hold AB harmless from any liability or expense, including attorneys' fees, arising out of claims made, suits or proceedings brought against AB by any party relating to Hibbing's use or possession of the Equipment covered by the Leases other than on account of the failure to obtain consents contemplated by this Section 15.14.

Related to Certain Equipment Leases

  • Equipment Leases Landlord shall enter into such leases of equipment and personal property as Tenant may reasonably request from time to time, provided that the form and substance thereof shall be reasonably satisfactory to Landlord. Tenant shall prepare and deliver to Landlord all such lease documents for which Landlord's execution is necessary and Landlord shall promptly, upon approval thereof, execute and deliver such documents to Tenant. Tenant shall, throughout the Term, be responsible for performing all of Landlord's obligations under all such documents and agreements, including without limitation, all Contracts, as defined in the Purchase Agreement.

  • Equipment; Leasehold (a) All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company's business in the manner in which such business is currently being conducted. (b) The Company does not own any real property or any interest in real property, except for the leasehold created under the real property lease identified in Part 2.10 of the Disclosure Schedule.

  • Contracts and Leases Schedule 4.10 sets forth a true and complete list of all Leases and executory Contracts of the Company that are material to the Business, and Sellers have delivered to Buyer true and complete copies of all such Leases and Contracts, each as amended as of the Agreement Date (the “Material Contracts”). Subject to receipt of the Necessary Consents and compliance with Section 6.10 and subject to the entry of the Sale Order, and any ancillary orders of the Bankruptcy Court pertaining to assumption and assignment of Contracts (a) each of the Material Contracts is in full force and effect and constitutes a valid and binding obligation of the Company or Sellers, and, to the Knowledge of Sellers, each other party thereto, and (b) except as a result of the commencement of the Bankruptcy Cases, the Company or Sellers are not in breach or default in any material respect under any of the Material Contracts and, to the Knowledge of Sellers, the other parties to such Contracts are not in breach or default in any material respect thereunder (and in each such case, to the Knowledge of Sellers, no event exists that with the passage of time or the giving of notice would constitute such material breach or default in any material respect, result in a loss of material rights, result in the payment of any damages or penalties or result in the creation of any Liens thereunder or pursuant thereto other than Permitted Liens); except (i) for those defaults that will be cured in accordance with the Sale Order, are not required to be cured pursuant to section 365(b)(1)(A) of the Bankruptcy Code, or waived in accordance with section 365 of the Bankruptcy Code, or (ii) to the extent such breach or default would not reasonably be expected to have a Seller Material Adverse Effect. Except for filings in the Chapter 11 Cases, to Sellers’ Knowledge, none of the Material Contracts have been cancelled or otherwise terminated by the Company or Sellers, and neither the Company nor Sellers have not delivered any written notice to any counterparty to such Material Contract regarding any such cancellation or termination by the Company or Sellers.

  • Personal Property Leases Except as set forth in Schedule 3.13.(b), Company has no leases of personal property involving consideration or other expenditure in excess of $5,000 or involving performance over a period of more than three months.

  • Title to Properties; Leases Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

  • New Leases Continue its present rental program and efforts at such Seller’s Property to rent vacant space in accordance with past practices; provided that, without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s sole discretion, such Seller shall not (i) execute any new lease, license or other occupancy agreement, (ii) amend, supplement, terminate, accept the surrender of, renew or otherwise modify any existing Lease, (iii) approve any assignment or sublease of any existing Lease, or (iv) waive any right or obligation thereunder; provided, however, that, in the case of any amendment, supplement, termination, surrender, renewal or modification of any existing Lease as set forth in clause (ii) above, if such existing Lease expressly and specifically sets forth the terms of any such amendment, supplement, termination, surrender, renewal or modification and requires the landlord under the Lease to acknowledge or counter-sign the same, in which case, the Buyer’s consent shall not be required, but Seller shall provide the Buyer with written notice of (and to the extent such amendment, supplement or modification modifies the rental terms of such Lease which rental amount is not specifically stated in such Lease, the Buyer shall have an opportunity to review and comment upon) such amendment, supplement, termination, surrender, renewal or modification at least five (5) Business Days prior to the date of execution. If such Seller enters into any new lease, license or other occupancy agreement, or renews any existing Lease (each such new lease, license, occupancy agreement and renewal, a “New Lease”) after the date hereof in accordance with the terms of this Section 3.2(d), then each such lease, license, occupancy agreement and renewal shall be included in the definition of “Leases” herein and added to Schedule 3.2(c) attached hereto, shall be assigned to and assumed by the Buyer at the Closing in accordance with this Agreement. If the Buyer does not reject or approve a new lease, license, occupancy agreement, renewal or a Lease amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new lease, license, occupancy agreement, renewal or Lease amendment; provided that such notice includes specific reference to this Section 3.3(d) and the deemed approval provision hereof.

  • Property Contracts Purchaser shall assume at Closing the obligations under the Property Contracts assumed by Purchaser; however, operating expenses shall be prorated under Section 5.4.2.

  • Leased Equipment The risk of loss or damage to leased equipment, goods or property shall not transfer to the University except as provided in §680.219, Florida Statutes. Any security interest in the leased equipment, goods or property granted to the Contractor contrary to AGO 79-72 and AGO 80-9 is null and void. Limitations of remedies provisions, which are unconscionable under applicable Florida law, are void. MATERIAL SAFETY DATA SHEET (MSDS). In compliance with Florida Statutes, Ch. 442, a Material Safety Data Sheet (MSDS) must accompany any applicable item delivered under this Agreement.

  • Leases and Contracts Schedule 8(f) is a list of all Leases and Contracts relating to the Facility to which Seller is a party or by which Seller may be bound. Seller has made or will promptly make available to Buyer true, complete and accurate copies of all Leases and Contracts including, without limitation, any modifications thereto. All of the Leases and Contracts are in full force and effect without claim of material default there under, and, except as may be set forth on Schedule 8(f).

  • Ground Leases For purposes of this Exhibit C, a “Ground Lease” shall mean a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!