Enforcement of Certain Warranties. (a) Unless a Lease Event of Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents), at Lessee's expense, to assert, during the Lease Term, all of Lessor's rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have under the warranties provided to Lessor in connection with the purchase of the Equipment, and Lessor agrees to cooperate, at Lessee's expense, with Lessee and its agents in asserting such rights. Any amount recovered by Lessee under any such warranties shall be paid to Lessee.
(b) Notwithstanding the foregoing provisions of this Section 18.16, ------------- so long as a Lease Default shall have occurred and be continuing, any amount that would otherwise be retained by Lessee pursuant to Section 18.16(a) shall be ---------------- paid to Lessor as security for the obligations of Lessee under this Lease, shall be invested by Lessor in accordance with Section 18.17 in Permitted Investments ------------- and, if a Lease Event of Default is continuing, may be applied to the obligations of Lessee hereunder, and, at such time thereafter as no Lease Default shall be continuing, such amount and gain thereon shall be paid promptly to Lessee to the extent not previously applied in accordance with the terms of this Lease.
Enforcement of Certain Warranties. Unless a Lease Event of Default shall have occurred and be continuing, Lessor authorizes Lessee (directly or through agents), at Lessee’s expense, to assert, during the Lease Term, all of Lessor’s rights (if any) under any applicable warranty and any other claim that Lessee or Lessor may have under the warranties provided in connection with the Items of Equipment and Lessor agrees to cooperate, at Lessee’s expense, with Lessee and its agents in asserting such rights. Any amount recovered by Lessee under any such warranties shall be retained by or paid over to Lessee, subject to Section 22.13.
Enforcement of Certain Warranties. Unless an Event of Default shall have occurred and be continuing, the Lessor authorizes the Lessee (directly or through agents), without assuming any responsibility for the existence of such warranty or the validity of the authorization granted hereunder at the Lessee’s expense, to assert, during the Lease Term, all of the Lessor’s rights (if any) under any applicable warranty and any other claim that the Lessee or the Lessor may have under the warranties provided in connection with the Improvements and the Lessor agrees to cooperate, at the Lessee’s expense, with the Lessee and its agents in asserting such rights. Any amount recovered by the Lessee under any such warranties shall be retained by or paid over to the Lessee, subject to Section 23.13.
Enforcement of Certain Warranties. 13 SECTION 7 Liens ................................................ 13 SECTION 8 Operation and Maintenance; Capital Improvements................................... 14 a Operation and Maintenance............................................ 14 b Inspection............................................. 15
Enforcement of Certain Warranties. The Lessor authorizes' the Lessee ('directly or through agents, including the Operating Agent), at the Lessee's expense, to assert for the Lessor's account, during the Lease Term, all of the Lessor's rights (if any) under any applicable warranty and any other claims (under this Facility Lease or any Purchase Document) that the Lessee or the Lessor may have against any vendor or manufacturer with respect to Unit 1 (including any Capital Improvement) or the Undivided Interest, and, the Lessor agrees to cooperate, at the Lessee's expense, with the Lessee and the Operating Agent in asserting such rights. Any amount receivable (without regard to any right of setoff or other similar right of any Person against the Lessee) by the Lessee as payment under any such warranty or other claim against any vendor or manufacturer (or, if such warranty or claim relates to the Undivided Interest and the Retained Assets, the portion of such received amount appropriately allocable to the Undivided Interest) shall be applied in accordance with Sections 9(g), (h) and (i).
Enforcement of Certain Warranties. 34 SECTION 18.17. Investment of Security Funds...................... 35 -iii- TABLE OF CONTENTS ----------------- (continued) PAGE ---- EXHIBIT A Form of Lease Supplement Lease THIS LEASE dated as of April 28, 1995 (as amended, supplemented, or otherwise modified from time to time, this "Lease"), is between SHAWMUT BANK CONNECTICUT, ----- NATIONAL ASSOCIATION, not in its individual capacity, except as expressly stated herein, but solely as Certificate Trustee under the Trust Agreement, as Lessor ("Lessor"), and ELECTRIC LIGHTWAVE, INC., a Delaware corporation, as Lessee ------ ("Lessee"). -------- In consideration of the mutual agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, hereby agree as follows:
Enforcement of Certain Warranties. Lessor hereby assigns, without recourse or warranty whatsoever, to Lessee, all warranties related to the construction of the Facility. Such assignment shall remain in effect until the expiration or termination of this Lease. Lessor shall also retain the right to enforce any warranties assigned in the name of Lessee upon the occurrence of an Event of Default. Lessor hereby agrees to execute and deliver at Lessee’s expense such further documents, including powers of attorney, as Lessee may reasonably request in order that Lessee may have the full benefit of the assignment effected or intended to be effected by this Section 23.12. Upon the termination of this Lease, the warranties hereby assigned shall automatically revert to Lessor or be transferred to Lessee or its designee in accordance with Section 23.11. The foregoing provision of reversion shall be self‑operative and no further instrument of reassignment shall be required. In confirmation of such reassignment to Lessor or assignment to Lessee in connection with a transfer under Section 23.11, Lessee or Lessor, as applicable, shall execute and deliver promptly any certificate or other instrument which other may reasonably request. Any monies collected by Lessee under any of the warranties after the occurrence of and during the continuation of an Event of Default shall be held in trust by Lessee and promptly paid over to Lessor to be held in trust in accordance with Section 23.13.
Enforcement of Certain Warranties. The Lessor authorizes the Lessee (directly or through agents), at the Lessee’s expense, to assert for the Lessor’s account, during the Lease Term, all of the Lessor’s rights (if any) under any applicable warranty and any other claims (under this Facility Lease or any Purchase Document) that the Lessee or the Lessor may have against any vendor or manufacturer with respect to Unit 1 (including any Capital Improvement) or the Undivided Interest, and the Lessor agrees to cooperate, at the Lessee’s expense, with the Lessee in asserting such rights. Any amount receivable (without regard to any right of setoff or other similar right of any Person against the Lessee) by the Lessee under any such warranty or other claim against any vendor or manufacturer (or, if such warranty or claim relates to the Undivided Interest and the Retained Assets, the portion of such received amount appropriately allocable to the Undivided Interest) shall be applied in accordance with Sections 9(g), (h) and (i).
Enforcement of Certain Warranties. (i) Unless a Lease Event of Default shall have occurred and be continuing, the Lessor authorizes the Lessee (directly or through agents, including the Operator) at the Lessee's expense (but not so as to prejudice the rights of the Lessor as assignee of Lessee's rights), to assert for the Lessor's account, during the Lease Term, all of the Lessor's rights (if any) under any applicable warranty and any other claim (whether under this Facility Lease, any Financing Document or otherwise) that the Lessee or the Lessor may have against any vendor or manufacturer with respect to the Facility or any Modification, and the Lessor agrees to cooperate, at the Lessee's expense, with the Lessee and its agents in asserting such rights. Any amount recovered by the Lessee under any such warranty or other claim against any vendor or manufacturer shall be applied in accordance with Sections 9(g) and (h) hereof.
(ii) The Lessee agrees to preserve and protect Lessor's rights under any warranty, covenant or representation made by Contractor, any other EPC Contractor or any other vendor, manufacturer or supplier with respect to the Facility or any Modification, and the Lessee will take no action which will impair such rights of the Lessor and covenants to act solely in strict compliance with any restrictions or requirements prerequisite to the continued existence, enforcement, validity and maintenance of any such warranty, covenant or representation.
Enforcement of Certain Warranties. 108 Section 22.13. Security Interest in Funds........................................................... 108 SCHEDULE I Description of Equipment SCHEDULE II Addresses For Notice; Wire Instructions SCHEDULE III Amortization Schedule SCHEDULE IV Encumbrances SCHEDULE 3.1(j) UCC Financing Statements SCHEDULE 17.1(d) Governmental Consents SCHEDULE 17.1(g) Litigation SCHEDULE 17.1(l) Significant Subsidiaries EXHIBIT A Form of Delivery Date Notice EXHIBIT B Form of Opinion of Special Counsel to Agent EXHIBIT C Form of Opinion of General Counsel of Lessee EXHIBIT D Form of Opinion of Special Counsel to Lessee EXHIBIT D-1 Form of Opinion of Special Counsel to Wachovia Bank, National Association EXHIBIT E Form of Secretary's or Assistant Secretary's Certificate of Lessee EXHIBIT F Form of Officer's Certificate of Lessee EXHIBIT G Form of Assignment and Assumption Agreement EXHIBIT H Form of Offeree Letter LSI Logic Corporation Lease A LEASE AND SECURITY AGREEMENT (LEASE A) THIS LEASE AND SECURITY AGREEMENT (LEASE A), dated as of March 28, 2003 (as amended, supplemented, restated or otherwise modified from time to time, this "Lease"), is among LSI LOGIC CORPORATION, a Delaware corporation, as Lessee ("Lessee") with its principal office at 0000 Xxxxxx Xxxx, Milpitas, California 95035, BANK OF AMERICA, NATIONAL ASSOCIATION, as Lessor ("Lessor") and XXXXX FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, not in its individual capacity, except as expressly stated herein, but solely as Agent ("Agent").
