Common use of End of Term Options to Purchase Clause in Contracts

End of Term Options to Purchase. So long as no Default -------------------------------- under clause (vi), (vii) or (viii) of Section 15(a) or Event of Default and no Default under clause (vii), (viii) or (ix) of Section 15(a) of the ClO//2// Lease or Event of Default as defined under the ClO//2// Lease has occurred and is continuing, the Lessee shall have the right on the date of the expiration of the Basic Term to purchase the Facility at a price equal to the Fair Market Sales Value determined as of the end of such Basic Term pursuant to Section 19(a); provided that that such right may not be exercised unless the corresponding right is being exercised simultaneously by it under Section 14(b) of the ClO//2// Participation Agreement. The Lessee shall give to the Owner Trustee irrevocable written notice not more than two years and at least one year prior to the end of the Basic Term of its election to exercise the purchase option provided for in the preceding sentence. Payment of the purchase price shall be made on the date of purchase at the place of payment specified in Section 4(d) hereof in immediately available funds to the Owner Trustee (or, so long as the Secured Indebtedness shall not have been fully paid and satisfied, the Indenture Trustee), against delivery of a quitclaim deed and xxxx of sale transferring and assigning to the Lessee all right, title and interest of the Owner Trustee in and to the Facility on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the Owner Trustee or Wilmington Trust Company. Such purchase shall be deemed to be null and void unless the purchase by it of the ClO//2// Facility has simultaneously occurred under Section 14(b) of the ClO//2// Participation Agreement. The Owner Trustee shall not otherwise be required to make any representation or warranty as to the condition of the Leased Property or any other matters. At such time as the Secured Indebtedness shall have been fully paid and satisfied, the Indenture Trustee shall release the Lien of the Indenture pursuant to Section 9.01

End of Term Options to Purchase. So long as no Default -------------------------------- under clause (viix), (viix) or (viiixi) of Section 15(a) or Event of Default and no Default under clause (vii), (viii) or (ix) of Section 15(a) of the ClO//2// Lease or Event of Default as defined under the ClO//2// Lease has occurred and is continuing, the Lessee shall have the right on the date of the expiration of the Basic Term to purchase the Facility at a price equal to the Fair Market Sales Value fair market sales value determined as of the end of such Basic Term pursuant to Section 19(a); provided that that such right may not be exercised unless the corresponding right is being exercised simultaneously by it under Section 14(b19 (a) of the ClO//2// Participation Agreement. The Lessee shall give to the Owner Owner-Trustee irrevocable written notice not more than two years and at least one year prior to the end of the Basic Term of its election to exercise the purchase option provided for in the preceding sentence. Payment of the purchase price shall be made on the date of purchase at the place of payment specified in Section 4(d) hereof in immediately available funds to the Owner Trustee (or, so long as the Secured Indebtedness shall not have been fully paid and satisfied, the Indenture Trustee)funds, against delivery of a quitclaim deed and or xxxx of sale transferring and assigning to the Lessee all right, title and interest of the Owner Trustee OwnerTrustee in and to the Facility on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the Owner Trustee OwnerTrustee or Wilmington Trust Company. Such purchase shall be deemed to be null and void unless the purchase by it of the ClO//2// Facility has simultaneously occurred under Section 14(b) of the ClO//2// Participation Agreement. The Owner Owner-Trustee shall not otherwise be required to make any representation or warranty as to the condition of the Leased Property or any other matters. At such time Upon expiration of each Renewal Term, so long as no Default under clause (ix), (x) or (xi) of Section 15(a) or Event of Default has occurred and is continuing, the Secured Indebtedness Lessee shall have been fully paid and satisfied, the Indenture Trustee shall release right to purchase the Lien Facility at a price equal to the fair market sales value thereof determined as of the Indenture end of such Renewal Term pursuant to Section 9.0119(a). The Lessee shall give the Owner-Trustee irrevocable written notice at least one year prior to the end of such Renewal Term of its election to exercise the purchase option provided for in the preceding sentence. Following such notice, the Lessee shall purchase the Facility on the terms and conditions set forth in this Section 19(b). In the event of any purchase of the Facility by the Lessee pursuant to this Section 19(b), the Owner-Trustee shall, concurrently with such purchase, transfer its right, title and interest in and to the Site Lease to the Lessee on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the OwnerTrustee or Wilmington Trust Company.

End of Term Options to Purchase. So long as no Default -------------------------------- under clause (vi), (vii) or (viii) of Section 15(a) or Event of Default and no Default under clause (vii), (viii) or (ix) of Section 15(a) of the ClO//2// Lease or Event of Default as defined under the ClO//2// Lease has occurred and is continuing, the Lessee shall have the right on the date of the expiration of the Basic Term to purchase the Facility at a price equal to the Fair Market Sales Value determined as of the end of such Basic Term pursuant to Section 19(a); provided that that such right may not be exercised unless the corresponding right is being exercised simultaneously by it under Section 14(b) of the ClO//2// Participation Agreement. The Lessee shall give to the Owner Trustee irrevocable written notice not more than two years and at least one year prior to the end of the Basic Term of its election to exercise the purchase option provided for in the preceding sentence. Payment of the purchase price shall be made on the date of purchase at the place of payment specified in Section 4(d) hereof in immediately available funds to the Owner Trustee (or, so long as the Secured Indebtedness shall not have been fully paid and satisfied, the Indenture Trustee), against delivery of a quitclaim deed and xxxx bxxx of sale transferring and assigning to the Lessee all right, title and interest of the Owner Trustee in and to the Facility on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the Owner Trustee or Wilmington Trust Company. Such purchase shall be deemed to be null and void unless the purchase by it of the ClO//2// Facility has simultaneously occurred under Section 14(b) of the ClO//2// Participation Agreement. The Owner Trustee shall not otherwise be required to make any representation or warranty as to the condition of the Leased Property or any other matters. At such time as the Secured Indebtedness shall have been fully paid and satisfied, the Indenture Trustee shall release the Lien of the Indenture pursuant to Section 9.01

End of Term Options to Purchase. So long as no Default -------------------------------- under clause (viix), (viix) or (viiixi) of Section 15(a) or Event of Default and no Default under clause (vii), (viii) or (ix) of Section 15(a) of the ClO//2// Lease or Event of Default as defined under the ClO//2// Lease has occurred and is continuing, the Lessee shall have the right on the date of the expiration of the Basic Term to purchase the Facility at a price equal to the Fair Market Sales Value fair market sales value determined as of the end of such Basic Term pursuant to Section 19(a); provided that that such right may not be exercised unless the corresponding right is being exercised simultaneously by it under Section 14(b19 (a) of the ClO//2// Participation Agreement. The Lessee shall give to the Owner Owner-Trustee irrevocable written notice not more than two years and at least one year prior to the end of the Basic Term of its election to exercise the purchase option provided for in the preceding sentence. Payment of the purchase price shall be made on the date of purchase at the place of payment specified in Section 4(d) hereof in immediately available funds to the Owner Trustee (or, so long as the Secured Indebtedness shall not have been fully paid and satisfied, the Indenture Trustee)funds, against delivery of a quitclaim deed and or xxxx of sale transferring and assigning to the Lessee all right, title and interest of the Owner Owner-Trustee in and to the Facility on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the Owner Owner-Trustee or Wilmington Trust Company. Such purchase shall be deemed to be null and void unless the purchase by it of the ClO//2// Facility has simultaneously occurred under Section 14(b) of the ClO//2// Participation Agreement. The Owner Owner-Trustee shall not otherwise be required to make any representation or warranty as to the condition of the Leased Property or any other matters. At such time Upon expiration of each Renewal Term, so long as no Default under clause (ix), (x) or (xi) of Section 15(a) or Event of Default has occurred and is continuing, the Secured Indebtedness Lessee shall have been fully paid and satisfied, the Indenture Trustee shall release right to purchase the Lien Facility at a price equal to the fair market sales value thereof determined as of the Indenture end of such Renewal Term pursuant to Section 9.0119(a). The Lessee shall give the Owner-Trustee irrevocable written notice at least one year prior to the end of such Renewal Term of its election to exercise the purchase option provided for in the preceding sentence. Following such notice, the Lessee shall purchase the Facility on the terms and conditions set forth in this Section 19(b). In the event of any purchase of the Facility by the Lessee pursuant to this Section 19(b), the Owner-Trustee shall, concurrently with such purchase, transfer its right, title and interest in and to the Site Lease to the Lessee on an "as-is" "where-is" basis without recourse or warranty, express or implied, except for a warranty against Lessor's Liens attributable to the Owner-Trustee or Wilmington Trust Company.