Lease Remedies. Lessor and Lessee intend that for commercial law and bankruptcy law purposes, this Lease will be treated as a financing arrangement, as set forth in Section 7. If, as a result of applicable state law, which cannot be waived, this Lease is deemed to be a lease of the Properties, rather than a financing arrangement, and Lessor is unable to enforce the remedies set forth in Section 17.2, the following remedies shall be available to Lessor:
Lease Remedies. 22 5.04. Loan Remedies...............................................................23 5.05.
Lease Remedies. If the transaction evidenced by this Agreement and the other Operative Documents is treated as a lease, upon the occurrence or existence of any Event of Default and at any time thereafter unless such Event of Default is waived, Lessor may, with the consent of the Required Participants, or shall, upon instructions from the Required Participants, exercise any one or more of the following rights and remedies in addition to those rights and remedies set forth in Paragraph 5.02, provided that, prior to exercising any remedies provided by this Paragraph 5.03, Lessor shall give Lessee not less than three (3) Business Days notice during which time Lessee may exercise the Purchase Option and, provided the Purchase Option is consummated in accordance with the terms of the Purchase Agreement, Lessor shall not exercise any of the remedies under this Paragraph 5.03:
Lease Remedies. If the transaction evidenced by this Agreement and the other Operative Documents is treated as a lease, upon the occurrence or existence of any Event of Default and at any time thereafter unless such Event of Default is waived, Lessor may, with the consent of the Required Participants, or shall, upon instructions from the Required Participants, exercise any one or more of the following rights and remedies in addition to those rights and remedies set forth in Paragraph 5.02:
Lease Remedies. Upon the occurrence of any Event of Default and at any time thereafter, the Lessor may, so long as such Event of Default is continuing, do one or more of the following as the Lessor in its sole discretion shall determine, without limiting any other right or remedy the Lessor may have on account of such Event of Default (including, without limitation, the obligation of the Lessee to purchase the Property as set forth in Section 20.3):
(a) The Lessor may, by notice to the Lessee, terminate the Commitments and rescind or terminate this Lease as to all or any portion of the Property as of the date specified in such notice; however, (i) no reletting, reentry or taking of possession of the Property (or any portion thereof) by the Lessor will be construed as an election on the Lessor's part to terminate this Lease unless a written notice of such intention is given to the Lessee, (ii) notwithstanding any reletting, reentry or taking of possession, the Lessor may at any time thereafter elect to terminate this Lease for a continuing Event of Default, and (iii) no act or thing done by the Lessor or any of its agents, representatives or employees and no agreement accepting a surrender of the Property shall be valid unless the same be made in writing and executed by the Lessor;
(b) The Lessor may (i) demand that the Lessee, and the Lessee shall upon the written demand of the Lessor, return the Property promptly to the Lessor in the manner and condition required by, and otherwise in accordance with all of the provisions of, Articles VIII, IX and X hereof as if the Property were being returned at the end of the Term, and the Lessor shall not be liable for the reimbursement of the Lessee for any costs and expenses incurred by the Lessee in connection therewith and (ii) without prejudice to any other remedy which the Lessor may have for possession of the Property, and to the extent and in the manner permitted by Applicable Law, enter upon the Property and take immediate possession of (to the exclusion of the Lessee) the Property or any part thereof and expel or remove the Lessee and any other Person who may be occupying the Property, by summary proceedings or otherwise, all without liability to the Lessee for or by reason of such entry or taking of possession, whether for the restoration of damage to property caused by such taking or otherwise and, in addition to the Lessor's other damages, the Lessee shall be responsible for all costs and expenses incurred by the Lessor o...
Lease Remedies. The Credit Lease contains customary and enforceable provisions which render the rights and remedies of mortgagor thereunder adequate for the enforcement and satisfaction of mortgagor’s rights thereunder.
Lease Remedies. Agent Lessor and Lessee intend that for commercial law and bankruptcy law purposes, this Lease will be treated as a financing arrangement, as set forth in Article VII. If, as a result of applicable state law, which cannot be waived, this Lease is deemed to be a lease of the Property, rather than a financing arrangement, and Agent Lessor is unable to enforce the remedies set forth in Section 17.2, the following remedies shall be available to Agent Lessor (subject to applicable law and the provisions of Section 5.3 and 5.4 of the Construction Agency Agreement if the Lease Event of Default occurs during the Construction Period):
Lease Remedies. Each Credit Lease contains customary and enforceable provisions which render the rights and remedies of the lessor thereunder adequate for the enforcement and satisfaction of the lessor's rights thereunder;
Lease Remedies. 20- 17.4 Waiver of Certain Rights .....................-24- 17.5 Assignment of Rights Under Contracts .........-24- 17.6 Power of Sale and Foreclosure ................-25- 17.7 Remedies Cumulative ..........................-28- ARTICLE XVIII ...............................................-28- 18.1 Agent Lessor's Right to Cure Lessee's Lease Defaults .....................................-28- ARTICLE XIX .................................................-28- 19.1 Provisions Relating to Lessee's Termination of this Lease or Exercise of Purchase Options ......................................-28- -ii- ARTICLE XX ..................................................-29- 20.1 Purchase Option ..............................-29- 20.2 Maturity Date Purchase Option ................-29- 20.3 Extension of Expiration Date ................-30- ARTICLE XXI .................................................-30- 21.1 Sale Procedure ..............................-30- 21.2 Application of Proceeds of Sale ..............-31- 21.3 Indemnity for Excessive Wear .................-31- 21.4 Appraisal Procedure ..........................-31- 21.5 Certain Obligations Continue .................-31- ARTICLE XXII ................................................-32- 22.1 Holding Over .................................-32- ARTICLE XXIII ...............................................-32- 23.1 Risk of Loss .................................-32- ARTICLE XXIV ................................................-32- 24.1 Subletting and Assignment ....................-32- 24.2 Subleases ....................................-33- ARTICLE XXV .................................................-33- 25.1 Estoppel Certificates ........................-33- ARTICLE XXVI ................................................-33- 26.1 No Waiver ....................................-33- ARTICLE XXVII ...............................................-33- 27.1 Acceptance of Surrender ......................-33- ARTICLE XXVIII ..............................................-33- 28.1 No Merger of Title ...........................-33- ARTICLE XXIX ................................................-35- 29.1 Notices ......................................-35- ARTICLE XXX .................................................-36- 30.1 Miscellaneous ................................-36- 30.2 Amendments and Modifications .................-36- 30.3 Successors and Assigns .......................-36-
Lease Remedies. Agent Lessor and Lessee intend that for commercial law and bankruptcy law purposes, this Lease will be treated as a financing arrangement, as set forth in Article VII. If, as a result of applicable state law, which cannot be waived, this Lease is deemed to be a lease of the Property, rather than a financing arrangement, and Agent Lessor is unable to enforce the remedies set forth in Section 17.2, the following remedies shall be available to Agent Lessor:
