Common use of Events on the Termination Date Clause in Contracts

Events on the Termination Date. On the Termination Date the Lessor shall (but only upon receipt of the sale price and all additional payments specified in the next sentence) Transfer the Undivided Interest for cash to the bidder (which shall not be the Lessee or an Affiliate or agent thereof) that shall have submitted the highest bid on or before the Termination Date. The total sale price realized at such sale shall be retained by the Lessor (subject, however, to the terms of the Indenture and the requirement that on the Termination Date there shall have been paid to the Indenture Trustee an amount sufficient to pay in full the unpaid principal amount of all Notes Outstanding on the Obsolescence Redemption Date and all premium, if any, and interest accrued and unpaid on such Outstanding Notes as of the Termination Date and to accrue on the Outstanding Notes from such date to the Obsolescence Redemption Date) and, in addition, on the Termination Date the Lessee shall pay to the Lessor (i) the excess, if any, of the Special Casualty Value as of the Termination Date over the net sale price of the Undivided Interest and (ii) an amount equal to any premium payable on the Outstanding Notes as of the Obsolescence Redemption Date and any interest to accrue on the Outstanding Notes from and including the Termination Date to the Obsolescence Redemption Date, and shall pay to the Person or Persons entitled thereto all Supplemental Rent then due (other than Special Casualty Value). Upon compliance by the Lessee with the applicable provisions of this Section 14, the obligation of the Lessee to pay Basic Rent due hereunder for any period after the Termination Date shall cease and the Basic Lease Term shall end on the Termination Date; but the obligation of the Lessee to pay Supplemental Rent when and as due shall continue in full force and effect and shall not be impaired by reason of any such termination. If on or as of the Termination Date no such sale shall occur or the Lessee shall not have complied in full with this Section 14, this Facility Lease shall continue in full force and effect in accordance with its terms, subject to the continuing rights of the Lessee under this Section. The Lessor shall be under no duty to solicit bids, to inquire into the efforts of the Lessee to obtain bids or otherwise take any action in connection with any such sale other than to Transfer the Undivided Interest to the purchaser named in the highest bid certified by the Lessee to the Lessor or obtained by the Lessor, against receipt of the payments provided for herein.

Appears in 2 contracts

Samples: Participation Agreement (Entergy New Orleans, LLC), Participation Agreement (Entergy New Orleans, LLC)

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Events on the Termination Date. On If the Lessor has not elected to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on the Termination Date the Lessor shall (but only upon receipt of the sale price and all additional payments specified in the next sentence) Transfer the Undivided Interest and the Real Property Interest for cash to the bidder (which shall not be the Lessee or an Affiliate or agent thereofof the Lessee) that shall have submitted the highest bid on or before the Termination Date. The total sale price realized at such sale shall be retained by the Lessor (subject, however, to the terms of the Indenture and the requirement that on the Termination Date there shall have been paid paid, or provision for payment made, to the Indenture Trustee an amount sufficient to pay in full the unpaid principal amount of all Notes Outstanding on the Obsolescence Redemption Termination Date and all premium, if any, and interest accrued and unpaid on such Outstanding Notes as the date of the Termination Date and to accrue on the Outstanding Notes from such date to the Obsolescence Redemption Datepayment) and, in addition, on the Termination Date the Lessee shall pay to the Lessor (iA) the excess, if any, of the Special Casualty Termination Value as of the Termination Date over the net sale price of the Undivided Interest and the Real Property Interest and (iiB) an amount equal any Basic Rent due or accrued, as the case may be, to any premium payable on the Outstanding Notes as of the Obsolescence Redemption Date and any interest to accrue on the Outstanding Notes from and including the Termination Date to the Obsolescence Redemption Date, and shall pay to the Person or Persons entitled thereto all Supplemental Rent then due (other than Special Casualty Termination Value). Upon compliance by the Lessee with the applicable provisions of this Section 14, the obligation of the Lessee to pay Basic Rent due hereunder for any period after the Termination Date shall cease and the Basic Lease Term shall end on the Termination Date; but provided, however, that, in the obligation event of termination of this Facility Lease pursuant to this Section 14, the obligations of the Lessee to pay Supplemental Rent when under the ANPP Participation Agreement (except as therein expressly provided) and as due the Assignment and Assumption shall continue in full force and effect and shall not be impaired by reason of any such termination. If If, other than as a result of the Lessor's election to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on or as of the Termination Date no such sale shall occur or the Lessee shall not have complied in full with this Section 14, this Facility Lease shall continue in full force and effect in accordance with its terms, subject terms without prejudice to the continuing Lessee's right to exercise its rights of under this Section 14 thereafter, except that the Lessee under this Sectionshall not be entitled to deliver another Termination Notice during the 3-year period following such Termination Date. The Lessor shall be under no duty to solicit bids, to inquire into the efforts of the Lessee to obtain bids or otherwise take any action in connection with any such sale other than than, if the Lessor has not elected to retain the Undivided Interest and the Real Property Interest, to Transfer the Undivided Interest and the Real Property Interest to the purchaser named in the highest bid certified by the Lessee to the Lessor or obtained by the Lessor, against receipt of the payments provided for hereinherein (but only if such purchaser has obtained all Governmental Action by the NRC necessary in connection therewith).

Appears in 1 contract

Samples: Public Service Co of New Mexico

Events on the Termination Date. On If the Lessor has not elected to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on the Termination Date the Lessor shall (but only upon receipt of the sale price and all additional payments specified in the next sentence) Transfer the Undivided Interest and the Real Property Interest for cash to the bidder (which shall not be the Lessee or an Affiliate or agent thereofof the Lessee) that shall have submitted the highest bid on or before the Termination Date. The total sale price realized at such sale shall be retained by the Lessor (subject, however, to the terms of the Indenture and the requirement that on the Termination Date there shall have been paid paid, or provision for payment made, to the Indenture Trustee an amount sufficient to pay in full the unpaid principal amount of all Notes Outstanding on the Obsolescence Redemption Termination Date and all premium, if any, and interest accrued and unpaid on such Outstanding Notes as the date of the Termination Date and to accrue on the Outstanding Notes from such date to the Obsolescence Redemption Datepayment) and, in addition, on the Termination Date the Lessee shall pay to the Lessor (iA) the excess, if any, of the Special Casualty Termination Value as of the Termination Date over the net sale price of the Undivided Interest and the Real Property Interest and (iiB) an amount equal any Basic Rent due or accrued, as the case may be, to any premium payable on the Outstanding Notes as of the Obsolescence Redemption Date and any interest to accrue on the Outstanding Notes from and including the Termination Date to the Obsolescence Redemption Date, and shall pay to the Person or Persons entitled thereto all Supplemental Rent then due (other than Special Casualty Termination Value). Upon compliance by the Lessee with the applicable provisions of this Section 14, the obligation of the Lessee to pay Basic Rent due hereunder for any period after the Termination Date shall cease and the Basic Lease Term shall end on the Termination Date; but provided, however, that, in the obligation event of termination of this Facility Lease pursuant to this Section 14, the obligations of the Lessee to pay Supplemental Rent when under the ANPP Participation Agreement (except as therein expressly provided) and as due the Assignment and Assumption shall continue in full force and effect and shall not be impaired by reason of any such termination. If If, other than as a result of the Lessor's election to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on or as of the Termination Date no such sale shall occur or the Lessee shall not have complied in full with this Section 14, this Facility Lease shall continue in full force and effect in accordance with its terms, subject terms without prejudice to the continuing Lessee's right to exercise its rights of under this Section 14 thereafter, except that the Lessee under this Sectionshall not be entitled to deliver another Termination Notice during the 3-year period following such Termination Date. The Lessor shall be under no duty to solicit bids, to inquire into the efforts of the Lessee to obtain bids or otherwise take any action in connection with any such sale other than than, if the Lessor has not elected to retain the Undivided Interest and the Real Property Interest, to Transfer the Undivided Interest and the Real Property Interest to the purchaser named in the highest bid certified by the Lessee to the Lessor or obtained by the Lessor, against receipt of the payments provided for herein.

Appears in 1 contract

Samples: Lease (Public Service Co of New Mexico)

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Events on the Termination Date. On If the Lessor has not elected to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on the Termination Date the Lessor shall (but only upon receipt of the sale price and all additional payments specified in the next sentence) Transfer the Undivided Interest and the Real Property Interest for cash to the bidder (which shall not be the Lessee or an Affiliate or agent thereofof the Lessee) that shall have submitted the highest bid on or before the Termination Date. : The total sale price realized at such sale shall be retained by the Lessor (subject, however, to the terms of the Indenture and the requirement that on the Termination Date there shall have been paid paid, or provision for payment made, to the Indenture Trustee an amount sufficient to pay in full the unpaid principal amount of all Notes Outstanding on the Obsolescence Redemption Date Termination bate and all premium, if any, and interest accrued and unpaid on such Outstanding Notes as the date of the Termination Date and to accrue on the Outstanding Notes from such date to the Obsolescence Redemption Datepayment) and, in addition, on the Termination Date the Lessee shall pay to the Lessor (iA) the excess, if any, of the Special Casualty Termination Value as of the Termination Date over the net sale price of the Undivided Interest and the Real Property Interest and (iiB) an amount equal any. Basic Rent due or accrued, as the case may be, to any premium payable on the Outstanding Notes as of the Obsolescence Redemption Date and any interest to accrue on the Outstanding Notes from and including the Termination Date to the Obsolescence Redemption Date, and shall pay to the Person or Persons entitled thereto all Supplemental 6091.CHASEU2.LEASE.47:1 Rent then due (other than Special Casualty Termination Value). Upon compliance by the Lessee with the applicable provisions of this Section 14, the obligation of the Lessee to pay Basic Rent Rant due hereunder for any period after the Termination Date shall cease and the Basic Lease Term shall end on the Termination Date; but provided, however, that, in the obligation event of termination of this Facility Lease pursuant to this Section 14, the obligations of the Lessee to pay Supplemental Rent when under the ANPP Participation Agreement (except as therein expressly provided) and as due the Assignment and Assumption shall continue in full force and effect and shall not be impaired by reason of any such termination. If If, other than as a result of the Lessor's election to retain the Undivided Interest and the Real Property Interest as provided in Section 14(b), on or as of the Termination Date no such sale shall occur or the Lessee shall not have complied in full with this Section 14, this Facility Lease shall continue in full force and effect in accordance with its terms, subject terms without prejudice to the continuing Lessee's right to exercise its rights of under this Section 14 thereafter, except that the Lessee under this Sectionshall not be entitled to deliver another Termination Notice during the 3-year period. following such Termination Date. The Lessor shall be under no duty to solicit bids, to inquire into the efforts of the Lessee to obtain bids bias or otherwise take any action in connection with any such sale other than than, if the Lessor has not elected to retain the Undivided Interest and the Real Property interest, to Transfer the Undivided Interest and the Real Property Interest to the purchaser named in the highest bid certified by the Lessee to the Lessor or obtained by the Lessor, against receipt of the payments provided for hereinherein (but only if such purchaser has obtained all Governmental Action by the NRC necessary in connection therewith).

Appears in 1 contract

Samples: Lease (Public Service Co of New Mexico)

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