Lessee Cure Right. Notwithstanding anything to the contrary contained in this Agreement or any of the other Operative Documents, each of Lessor, Indenture Trustee, each Tranche B Lender, Administrative Agent and Collateral Agent hereby agrees with and for the benefit of Lessee as follows: (a) Lessee shall have the right to satisfy any conditions precedent set forth in Section 3.2 in the event that Lessor fails to do so on a timely basis, to the extent such condition precedent may be satisfied by a party other than Lessor and to the extent it may be satisfied without violating any law, court order or contractual obligation applicable thereto. (b) Lessee shall have the right, in place of Lessor, to cure within the grace periods provided therefor, to the extent capable of cure by a party other than Lessor, any Loan Default or Loan Event of Default. (c) Copies of all notices from Indenture Trustee, any Secured Party, Administrative Agent or Collateral Agent to Lessor hereunder or under the Indenture or Tranche B Loan Agreement shall be sent to Lessee by the sending party and no such notice shall be effective for any purpose hereunder or thereunder unless sent to Lessee. (d) Lessor will, promptly upon becoming aware of any Loan Default or Loan Event of Default, other than a Loan Default or Loan Event of Default arising from a Lease Default or Lease Event of Default, notify Lessee of the occurrence of such Loan Default or Loan Event of Default. (e) Each payment by Lessee or Guarantor to Collateral Agent under the Operative Documents shall be deemed to constitute a payment to Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, Administrative Agent or Collateral Agent, as the case may be, of the corresponding payment obligation owing by Lessor to such Indenture Trustee, Tranche A Noteholder, Tranche B Lender, Administrative Agent or Collateral Agent under any of the Operative Documents solely for the purpose of determining amounts owed by Lessee under the Operative Documents.
Appears in 2 contracts
Samples: Participation Agreement (Universal Compression Holdings Inc), Participation Agreement (BRL Universal Equipment Corp)
Lessee Cure Right. Notwithstanding anything to the contrary contained in this Agreement or any of the other Operative Documents, each of the Trust Company, Lessor, Indenture Trusteethe Certificate Holders, each Tranche B Lenderthe Administrative Agent, Administrative the Collateral Agent and Collateral Agent the Lenders (collectively, the "Financing Parties") hereby agrees with and for the benefit of Lessee as follows:
(a) Lessee shall have the right to satisfy any conditions precedent set forth in Section 3.2 or 3.3 in the event that the Trust Company, Lessor or any of the Certificate Holders, as the case may be, fails to do so on a timely basis, to the extent such condition precedent may be satisfied by a party other than Lessor Trust Company, Lessor, or Certificate Holder, as the case may be, and to the extent it may be satisfied without violating any law, court order or contractual obligation applicable thereto.
(b) Lessee shall have the right, in place of Lessor, to cure within the grace periods provided thereforcure, to the extent capable of cure by a party other than Lessor, any Loan Default or Loan Event of Default.
(c) Copies of all notices from Indenture Trusteea Lender, any Secured Party, the Administrative Agent or the Collateral Agent to Lessor hereunder or under the Indenture or Tranche B Loan Agreement shall be sent to Lessee by the sending party and no such notice shall be effective for any purpose hereunder or thereunder unless sent to Lessee.
(d) Lessor will, promptly upon becoming aware of any Loan Default or Loan Event of Default, other than a Loan Default or Loan Event of Default arising from a Lease Default or Lease Event of Default, notify Lessee of the occurrence of such Loan Default or Loan Event of Default.
(e) Each payment by Lessee or Guarantor to Collateral Agent Lessor under the Lease Agreement or any other Operative Documents Document shall be deemed to constitute a payment to Indenture Trusteethe Administrative Agent, any Tranche A Noteholder, any Tranche B Lender, Administrative Agent or Collateral Agentthe Lenders and the Certificate Holders, as the case may be, of the or any corresponding payment obligation obligations owing by Lessor to such Indenture Trusteeany of the Administrative Agent, Tranche A Noteholder, Tranche B Lender, Administrative Agent the Lenders or Collateral Agent the Certificate Holders under any of the Operative Documents solely for the purpose of determining amounts owed by Lessee under the Operative Documents.
Appears in 1 contract
Samples: Participation Agreement (Universal Compression Inc)
Lessee Cure Right. Notwithstanding anything to the contrary contained in this Agreement or any of the other Operative Documents, each of Lessor, Indenture Trustee, each Tranche B Lender, Administrative Agent and Collateral Agent hereby agrees with and for the benefit of Lessee as follows:each
(a) Lessee shall have the right to satisfy any conditions precedent set forth in Section 3.2 in the event that Lessor fails to do so on a timely basis, to the extent such condition precedent may be satisfied by a party other than Lessor and to the extent it may be satisfied without violating any law, court order or contractual obligation applicable thereto.
(b) Lessee shall have the right, in place of Lessor, to cure within the grace periods provided therefor, to the extent capable of cure by a party other than Lessor, any Loan Default or Loan Event of Default.
(c) Copies of all notices from Indenture Trustee, any Secured Party, Administrative Agent or Collateral Agent to Lessor hereunder or under the Indenture or Tranche B Loan Agreement shall be sent to Lessee by the sending party and no such notice shall be effective for any purpose hereunder or thereunder unless sent to Lessee.
(d) Lessor will, promptly upon becoming aware of any Loan Default or Loan Event of Default, other than a Loan Default or Loan Event of Default arising from a Lease Default or Lease Event of Default, notify Lessee of the occurrence of such Loan Default or Loan Event of Default.
(e) Each payment by Lessee or Guarantor to Collateral Agent under the Operative Documents shall be deemed to constitute a payment to Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, Administrative Agent or Collateral Agent, as the case may be, of the corresponding payment obligation owing by Lessor to such Indenture Trustee, Tranche A Noteholder, Tranche B Lender, Administrative Agent or Collateral Agent under any of the Operative Documents solely for the purpose of determining amounts owed by Lessee under the Operative Documents.
Appears in 1 contract
Samples: Participation Agreement (Universal Compression Inc)
Lessee Cure Right. Notwithstanding anything to the contrary ------------------ contained in this Agreement or any of the other Operative Documents, each of Lessor, Indenture Trustee, each Tranche B Lender, Administrative Agent and Collateral Agent hereby agrees with and for the benefit of Lessee as follows:
(a) Lessee shall have the right to satisfy any conditions precedent set forth in Section 3.2 in the event that Lessor fails to do so on a timely basis, to the extent such condition precedent may be satisfied by a party other than Lessor and to the extent it may be satisfied without violating any law, court order or contractual obligation applicable thereto.
(b) Lessee shall have the right, in place of Lessor, to cure within the grace periods provided therefor, to the extent capable of cure by a party other than Lessor, any Loan Default or Loan Event of Default.
(c) Copies of all notices from Indenture Trustee, any Secured Party, Administrative Agent or Collateral Agent to Lessor hereunder or under the Indenture or Tranche B Loan Agreement shall be sent to Lessee by the sending party and no such notice shall be effective for any purpose hereunder or thereunder unless sent to Lessee.
(d) Lessor will, promptly upon becoming aware of any Loan Default or Loan Event of Default, other than a Loan Default or Loan Event of Default arising from a Lease Default or Lease Event of Default, notify Lessee of the occurrence of such Loan Default or Loan Event of Default.
(e) Each payment by Lessee or Guarantor to Collateral Agent under the Operative Documents shall be deemed to constitute a payment to Indenture Trustee, any Tranche A Noteholder, any Tranche B Lender, Administrative Agent or Collateral Agent, as the case may be, of the corresponding payment obligation owing by Lessor to such Indenture Trustee, Tranche A Noteholder, Tranche B Lender, Administrative Agent or Collateral Agent under any of the Operative Documents solely for the purpose of determining amounts owed by Lessee under the Operative Documents.
Appears in 1 contract
Samples: Participation Agreement (BRL Universal Equipment Corp)