Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the Pledged Equipment Xxxx of Sale, the TRLTII Pledged Equipment Assignment, the TRLTII Xxxx of Sale, the TRLTII Assignment, the Xxxx of Sale, the Assignment, the Collateral Agency Agreement, and the Administrative Services Agreement shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, an Indenture Default or to the knowledge of any party hereto, an Event of Loss.
Appears in 6 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the Pledged Equipment Xxxx of Sale, the TRLTII Pledged Equipment Assignment, the TRLTII Xxxx of Sale, the TRLTII Assignment, the Xxxx of Sale, the Assignment, the Collateral Agency Agreement, and the Administrative Services Agreement shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, an Indenture Default or to the knowledge of any party hereto, an Event of Loss.
Appears in 3 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the Pledged Equipment Xxxx of Sale, the TRLTII Pledged Equipment Assignment, the TRLTII Xxxx of Sale, the TRLTII Assignment, the Xxxx of Sale, the Assignment, the Collateral Agency Agreement, and the Administrative Services Agreement Agreement, and the OP Guaranty shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, an Indenture Default or to the knowledge of any party hereto, an Event of Loss.
Appears in 3 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the Pledged Equipment Xxxx TILC Bill of Sale, the TRLTII Pledged Equipment Assignment, the TRLTII Xxxx Bill of Sale, the TRLTII TILC Plxxxxx Xxxipment Assignment, the Xxxx TILC Assixxxxnt, the Bill of Sale, the Assignment, the Collateral Agency Agreement, the Xxxinistrative Services Agreement, the OP Guaranty, the Control Agreement and the Administrative Services Agreement Trinity Guaranty shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, Default or an Indenture Default or to the knowledge of any party hereto, an Event of LossDefault.
Appears in 2 contracts
Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)
Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the XXXX Xxxx of Sale, the Pledged Equipment Xxxx of Sale, the TRLTII TILC Pledged Equipment Assignment, the TRLTII Xxxx of Sale, the TRLTII TILC Assignment, the Xxxx of Sale, the Assignment, the Collateral Agency Agreement, and the Administrative Services Agreement, the OP Guaranty, the Control Agreement and the Trinity Guaranty shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, Default or an Indenture Default or to the knowledge of any party hereto, an Event of LossDefault.
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