Common use of Determination of Realized Value Clause in Contracts

Determination of Realized Value. The Realized Value for each item of Equipment on the Schedule shall be determined as follows: (i) If Lessee elects to purchase the Equipment, the Realized Value of each item of Equipment shall be its Estimated Residual Value. (ii) If Lessee elects not to purchase the Equipment, Lessee and Lessor shall arrange for the sale of such Equipment on an AS IS BASIS, provided that Lessee may not bid, directly or indirectly. Each item of Equipment shall be sold by Lessor for its then determined fair market value. If any item of Equipment is not sold within 30 days after Schedule Expiration, then Lessee and Lessor agree, in view of the uncertainties of market conditions and the parties' inability to predict what the actual sale price of such item would be, that the Realized Value of such item shall be deemed to equal zero, for purposes of computing Lessee's liability as provided in paragraph (b) below. Upon the sale of the item at any time after the expiration of such 30 day period, Lessor will apply the Realized Value (i) to refund to Lessee, without interest, any amount which Lessee may have previously paid to Lessor with respect to such item as required under paragraph (b) and (ii) to pay to Lessee the amount by which the Realized Value exceeds the Estimated Residual Value.

Appears in 2 contracts

Samples: Master Lease Agreement (Megatest Corp), Master Lease Agreement (Teradyne Inc)

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Determination of Realized Value. The Realized Value for each item of Equipment on the Schedule shall be determined as follows: (iA) If Lessee elects to purchase the Equipment, the Realized Value of each item of Equipment shall be its Estimated Residual Value. (iiB) If Lessee lessee elects not to purchase the Equipment, Lessee and Lessor shall arrange for the sale of such Equipment on an AS IS BASIS, provided that Lessee may not bid, directly or indirectly. Each item of Equipment shall be sold by Lessor for its then determined fair market valueFair Market Value. If any item of Equipment is not sold within 30 90 days after Schedule Expiration, then Lessee and Lessor agree, in view of the uncertainties of market conditions and the parties' inability to predict what the actual sale price of such item would be, that the Realized Value of such item shall be deemed to equal zero, for purposes of computing Lessee's liability as provided in paragraph (b) below. Upon the sale of the item at any time after the expiration of such 30 90 day period, Lessor will apply the Realized Value (i) to refund to Lessee, without interest, any amount which Lessee may have previously paid to Lessor with respect to such item as required under paragraph (b) and (ii) to pay to Lessee the amount by which the Realized Value exceeds the Estimated Residual Value.

Appears in 2 contracts

Samples: Master Lease Agreement (Megatest Corp), Master Lease Agreement (Teradyne Inc)

Determination of Realized Value. The Realized Value for each item of Equipment on the Schedule shall be determined as follows: (i) If Lessee elects to purchase the Equipment, the Realized Value of each item of Equipment shall be its Estimated Residual Value. (ii) If Lessee elects not to purchase the Equipment, : Lessee and Lessor shall arrange for the sale of such Equipment on an AS IS BASIS, provided that Lessee may not bid, directly or indirectly. Each item of Equipment shall be sold by Lessor for its then to the highest bidder. The Realized Value shall be determined fair market valuebased on the cash proceeds received by Lessor from such sale, as provided in Section XX(e)(1)(C), above. If any item of Equipment is not sold within 30 days after Schedule the applicable Term Expiration, then Lessee and Lessor agree, in view of the uncertainties of market conditions and the parties' inability to predict what the actual sale price of such item would be, that the Realized Value of such item shall be deemed to equal zero, for purposes of computing Lessee's liability as provided in paragraph (b3) immediately below. Upon the sale of the item at any time after the expiration of such 30 day period, Lessor will apply the Realized Value (i) to refund to Lessee, without interest, any amount which Lessee may have previously paid to Lessor with respect to such item as required under paragraph (b3) and (ii) to pay to Lessee the amount by which the Realized Value exceeds the Estimated Residual Value.

Appears in 1 contract

Samples: Master Lease Agreement (Triquint Semiconductor Inc)

Determination of Realized Value. The Realized Value for each item of Equipment on the Schedule shall be determined as follows: (i) If Lessee elects to purchase the Equipment, the Realized Value of each item of Equipment shall be its Estimated Residual Value. (ii) If Lessee elects not to purchase the Equipment, : Lessee and Lessor shall arrange for the sale of such Equipment on an AS IS BASISas is basis, provided that Lessee may not bid, directly or indirectly. Each item of Equipment shall be sold by Lessor for its then to the highest bidder. The Realized Value shall be determined fair market valuebased on the cash proceeds received by Lessor from such sale, as provided in Section XX(e)(1)(C), above. If any item of Equipment is not sold within 30 days after Schedule the applicable Term Expiration, then Lessee and Lessor agree, in view of the uncertainties of market conditions and the parties' inability to predict what the actual sale price of such item would be, that the Realized Value of such item shall be deemed to equal zero, for purposes of computing Lessee's liability as provided in paragraph (b3) immediately below. Upon the sale of the item at any time after the expiration of such 30 day period, Lessor will apply the Realized Value (i) to refund to Lessee, without interest, interest any amount which Lessee may have previously paid to Lessor with respect to such item as required under paragraph (b3) and (ii) to pay to Lessee the amount by which the Realized Value exceeds the Estimated Residual Value.

Appears in 1 contract

Samples: Master Lease Agreement (Triquint Semiconductor Inc)

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Determination of Realized Value. The Realized Value for each item of Equipment on the Schedule shall be determined as follows: (i) If Lessee elects to purchase the Equipment, the Realized Value of each item of Equipment shall be its Estimated Residual Value. (ii) If Lessee elects not to purchase the Equipment, : Lessee and Lessor shall arrange for the sale of such Equipment on an AS IS BASISas is basis, provided that Lessee may not bid, directly or indirectly. Each item of Equipment shall be sold by Lessor for its then to the highest bidder. The Realized Value shall be determined fair market valuebased on the cash proceeds received by Lessor from such sale, as provided in Section XX(e)(1)(C), above. If any item of Equipment is not sold within 30 days after Schedule the applicable Term Expiration, then Lessee and Lessor agree, in view of the uncertainties of market conditions and the parties' inability to predict what the actual sale price of such item would be, that the Realized Value of such item shall be deemed to equal zero, for purposes of computing Lessee's liability as provided in paragraph (b3) immediately below. Upon the sale of the item at any time after the expiration of such 30 day period, Lessor will apply the Realized Value (i) to refund to Lessee, without interest, any amount which Lessee may have previously paid to Lessor with respect to such item as required under paragraph (b3) and (ii) to pay to Lessee the amount by which the Realized Value exceeds the Estimated Residual Value.

Appears in 1 contract

Samples: Master Lease Agreement (Triquint Semiconductor Inc)

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