Common use of Execution of Operative Agreements Clause in Contracts

Execution of Operative Agreements. On or before the Closing Date, 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 Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx xxd the OP Guaranty shall each be satxxxxctory 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 or an Indenture Default.

Appears in 2 contracts

Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)

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Execution of Operative Agreements. On or before such Closing Date, each of the documents referred to in Section 4.1(a)(1) and Section 4.1(a)(3) shall be in full force and effect and the Equipment Notes to be issued on such Closing Date, the LeaseLease Supplement, the Lease Supplement Indenture Supplement, a Direct Mortgage Termination and Release in each case with respect of the Units delivered for which settlement will be made on the such Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx xxd the OP Guaranty Date shall each be satxxxxctory satisfactory in form and substance to such ParticipantParticipant and Indenture Trustee, 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 ’s obligations hereunder), shall each be in full force and effect, effect and executed counterparts of each shall have been delivered to such Participant and Indenture Trustee or its counsel on or before the such Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (Kansas City Southern)

Execution of Operative Agreements. On or before the Closing Date, 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 Transfer and Assignment Agreement, the TILC Bill XXXX Xxxx of Sale, the TILC Assignment, the Bill Xxxx of Sale, the Assixxxxxx xxd Assignment and the OP Guaranty shall each be satxxxxctory 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 or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (Trinity Industries Inc)

Execution of Operative Agreements. On or before the Closing Delivery Date, each of the Leasedocuments referred to in Section 4.1(a)(1) and Section 4.1(a)(3) shall be in full force and effect and the Equipment Notes to be issued on the Delivery Date, the Lease Supplement an Assignment of Warranties in respect of the Units delivered to be purchased by the Trust from the Seller on the Closing Delivery Date, the Indenturea Lease Supplement and an Indenture Supplement, the Indenture Supplement in each case with respect of to the Units delivered to be purchased on the Closing Delivery Date, the Equipment Note, the Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx xxd the OP Guaranty shall each be satxxxxctory satisfactory in form and substance to such ParticipantParticipant and Indenture Trustee, 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 ’s obligations hereunder), shall each be in full force and effect, effect and executed counterparts of each shall have been delivered to such Participant and Indenture Trustee or its counsel on or before the Closing Delivery Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (Kansas City Southern)

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Execution of Operative Agreements. On or before the Closing Date, the Lease, the Lease Supplement in respect each of the Units delivered documents referred to in Section 4.1(a)(1) and Section 4.1(a)(3) shall be in full force and effect and the Equipment Notes to be issued on the Closing Date, the IndentureLease Supplement, the Indenture Supplement Supplement, in each case with respect of the Units delivered for which settlement will be made on the Closing Date, the Equipment Note, the Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx xxd the OP Guaranty Date shall each be satxxxxctory satisfactory in form and substance to such ParticipantParticipant and Indenture Trustee, 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 ’s obligations hereunder), shall each be in full force and effect, effect and executed counterparts of each shall have been delivered to such Participant and Indenture Trustee or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (Kansas City Southern)

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