Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 hereof (if the Originator is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 hereof. Unless the Originator takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchased, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 hereof or the Lease Purchase Amount has been paid.
Appears in 4 contracts
Samples: Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 hereof (if the Originator is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 hereof. Unless the Originator takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the IssurerIssuer's interest in the Equipment subject thereto which is purchased, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 hereof or the Lease Purchase Amount has been paid.
Appears in 4 contracts
Samples: Assignment and Servicing Agreement (Ikon Receivables Funding LLC), Assignment and Servicing Agreement (Ikon Receivables LLC), Assignment and Servicing Agreement (Ikon Receivables LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator Seller may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 9 hereof (if the Originator Seller is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 9.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase repurchase from the Issuer Company such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Repurchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. 11 a.m. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer offer for sale to the Issuer Company one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 9 hereof. Unless the Originator takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedrepurchased, or for which Additional Leases have been acquired purchased or Substitute Leases transferred, pursuant to this Section 5.02 4.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired purchased or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 9 hereof or the Lease Purchase Purchaser Amount has been paiddeposited into the Collection Account. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 2.04(a) through (r) and the requirements of Section 9 hereof.
Appears in 4 contracts
Samples: Sales Contracts (Copelco Capital Funding Corp X), Sales Contracts (Copelco Capital Funding Corp X), Sales and Servicing Agreement (Copelco Capital Funding Corp X)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator Transferor may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 9 hereof (if the Originator Transferor is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 9.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 9 hereof. Unless the Originator Transferor takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedacquired, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 4.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 9 hereof or the Lease Purchase Amount has been paid. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 2.04(a) through (u) and the requirements of Section 9 hereof.
Appears in 3 contracts
Samples: Assignment and Servicing Agreement (Copelco Capital Funding LLC 2000-A), Assignment and Servicing Agreement (Copelco Capital Funding LLC 99-B), Assignment and Servicing Agreement (Copelco Capital Receivables LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 hereof (if the Originator is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, [(b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date Date] or [(c) transfer offer for sale] to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 hereof. Unless the Originator takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchased, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 hereof or the Lease Purchase Amount has been paid. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 2.04(a) through (ee) and th requirements of Section 11 hereof.
Appears in 1 contract
Samples: Assignment and Servicing Agreement (Ikon Receivables LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator Seller may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 hereof (if the Originator Seller is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase repurchase from the Issuer Trust such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Repurchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer offer for sale to the Issuer Trust one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 hereof. Unless the Originator Seller takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Repurchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedrepurchased, or for which Additional Leases have been acquired purchased or Substitute Leases transferred, pursuant to this Section 5.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired purchased or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 hereof or the Lease Purchase Amount has been paid. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 2.04(a) through (u) and the requirements of Section 11 hereof.
Appears in 1 contract
Samples: Sales and Servicing Agreement (Copelco Capital Funding Corp Xi)
Early Termination Leases. Following the Determination Calculation Date as of which any Lease first becomes an Early Termination Lease the Originator Seller may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 Article 8 hereof (if the Originator Seller is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 8.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase repurchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Repurchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer offer for sale to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 Article 8 hereof. Unless the Originator Seller takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Prepayment Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedrepurchased, or for which Additional Leases have been acquired purchased or Substitute Leases transferred, pursuant to this Section 5.02 4.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired purchased or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 Article 8 hereof or the Lease Purchase Repurchase Amount has been paid. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 3.04(c) of the Seller Sale and Contribution Agreement and the requirements of Article 8 hereof.
Appears in 1 contract
Samples: Servicing Agreement (Charter Equipment Lease 1998-1 LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease Lease, but prior to the occurrence and continuance of an Acceleration Event or other event that would give rise to the requirement to pay Additional Principal pursuant to Section 3.03(b)(viii) of the Indenture or Event of Default, the Originator may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 hereof (if the Originator is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 hereof, provided that, upon the occurrence and continuance of an Acceleration Event or other event that would give rise to the requirement to pay Additional Principal pursuant to Section 3.03(b)(viii) of the Indenture or an Event of Default, the proceeds of an Early Termination Lease shall not be invested and shall be deposited in the Collection Account. Unless the Originator takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the IssurerIssuer's interest in the Equipment subject thereto which is purchased, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 hereof or the Lease Purchase Amount has been paid.
Appears in 1 contract
Samples: Assignment and Servicing Agreement (Ikon Receivables Funding LLC)
Early Termination Leases. Following the Determination Date as of which any Lease first becomes an Early Termination Lease the Originator Transferor may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 9 hereof (if the Originator Transferor is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 9.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 9 hereof. Unless the Originator Transferor takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedacquired, or for which Additional Leases have been acquired or Substitute Leases transferred, pursuant to this Section 5.02 4.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 9 hereof or the Lease Purchase Amount has been paid.. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added
Appears in 1 contract
Samples: Assignment and Servicing Agreement (Copelco Capital Funding LLC 99-1)
Early Termination Leases. Following the Determination Calculation Date as of which any Lease first becomes an Early Termination Lease the Originator Seller may, but shall have no obligation to, either (a) substitute one or more Eligible Leases and the Equipment subject thereto for such Lease and the Equipment subject thereto pursuant to Section 11 Article 8 hereof (if the Originator Seller is then entitled to substitute Leases and Equipment in accordance with the provisions of Section 11.01 8.01 hereof) on or before the second Business Day prior to the next succeeding Payment Date, (b) purchase repurchase from the Issuer such Lease and the Issuer's interest in the related Equipment by remitting to the Trustee an amount equal to the Lease Purchase Repurchase Amount in such manner as will ensure that the Trustee will have immediately available funds therefor by 11:00 A.M. New York City time on the second Business Day prior to the next succeeding Payment Date or (c) transfer offer for sale to the Issuer one or more Additional Leases in consideration of the proceeds thereof in accordance with Section 11 Article 8 hereof. Unless the Originator Seller takes one of the actions set forth in the prior sentence, the Servicer will not permit a voluntary termination of a Lease prior to its stated maturity unless it receives a payment in connection with such termination equal to at least the Lease Purchase Repurchase Amount. Any Early Termination Lease and the Issurer's interest in the Equipment subject thereto which is purchasedrepurchased, or for which Additional Leases have been acquired purchased or Substitute Leases transferred, pursuant to this Section 5.02 4.02 shall nevertheless remain subject to the Lien of the Indenture until such time as an Additional Lease or Additional Leases have been acquired purchased or Substitute Lease or Substitute Leases have been transferred in accordance with the provisions of Section 11 Article 8 hereof or the Lease Purchase Repurchase Amount has been paid. A Lease will be considered to be an "Eligible Lease" if on the date such Lease is substituted for or added in replacement of an Early Termination Lease, such Lease satisfies the representations and warranties set forth in Section 3.04(c) of the Seller Sale and Contribution Agreement and the requirements of Article 8 hereof.
Appears in 1 contract
Samples: Servicing Agreement (Charter Equipment Lease 1998-1 LLC)