Common use of Lessee's Purchase Options Clause in Contracts

Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunder, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft Aircraft, in each case as long as no Event of Specified Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunderhereunder together with all sales, transfer or similar Taxes due or payable in connection with any such purchase, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Supplemental Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without representation, recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft Aircraft; in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchase. Upon In the event the Lessee elects to purchase the Aircraft pursuant to clause (A) of this Section 13(b)(i), then upon the payment by the Lessee of (I) an amount equal to the excess of (1) the sum of (x) the EBO Amount plus (y) the amount, if any, set forth opposite the EBO Date in Exhibit D in the column with the heading "Deferred Basic Rent Amount" over (2) the amount, if any, set forth opposite the EBO Date in Exhibit D in the column with the heading "Prepaid Basic Rent Amount", (II) the Basic Rent, if any, payable on the EBO Date, (III) all unpaid Basic Rent, if any, payable before the EBO Date and (IV) all Supplemental Rent then due and payable hereunder (including any Supplemental Rent then due and payable hereunder (including any Supplemental Rent payable in respect of Breakage Cost), the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens. In the event the Lessee elects to purchase the Aircraft pursuant to clause (B) or (C) of this Section 13(b)(i), then upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunderhereunder (including any Supplemental Rent payable in respect of Breakage Cost), the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term for a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft Aircraft; in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of (I) the purchase price for the Aircraft and Aircraft, (II) if such purchase is pursuant to clause (A) of this Section 13(b)(i), the portion, if any, of Basic Rent payable on the EBO Date that is specified in column (3) of Exhibit C-1 as allocable to the Allocation Period ending on the EBO Date, (III) if such purchase is pursuant to clause (B) or (C) of this Section 13(b)(i), the Basic Rent, if any, payable in arrears on the date of purchase, together with (IV) all unpaid Basic Rent, if any, payable before such date and (V) all Supplemental Rent then due and payable hereunderhereunder (including any Supplemental Rent payable in respect of Make- Whole Premium), the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the then Fair Market Sales Value of the Aircraft; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchase. Upon the payment by the Lessee of the purchase price for the Aircraft and the Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunderhereunder (including any Supplemental Rent payable in respect of Make-Whole Amount), the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Lessee's Purchase Options. (i) Rights to Purchase. ------------------ The Lessee shall have the right upon notice as provided herein to purchase the Aircraft (A) on the EBO Date for a price equal to the EBO Amount; (B) upon the termination of the Basic Term a price equal to the lesser of the then Fair Market Sales Value of the AircraftAircraft and a price equal to ___% of Lessor's Cost; or (C) at the end of any Renewal Term for a price equal to the then Fair Market Sales Value of the Aircraft in each case as long as no Event of Default of the type referred to in Section 16(f), (g) or (h) hereof (unless the Lessee shall have obtained and provided to the Lessor a final order of a court of competent jurisdiction confirming that the payment of the purchase price for the Aircraft would not be subject to recapture by the Lessee (or any trustee of the Lessee)) shall have occurred and be continuing on the date of purchaseValue. Upon the payment by the Lessee of the purchase price for the Aircraft and the arrears portion of Basic Rent, if any, payable in arrears on the date of purchase, together with all unpaid Basic Rent, if any, payable before such date and all Supplemental Rent then due and payable hereunder, the Term shall end and the obligations of the Lessee to pay Rent hereunder (except for Supplemental Rent obligations surviving pursuant to Section 3(c), Articles 6 and 7 of the Participation Agreement or the Tax Indemnity Agreement or which have otherwise accrued but not been paid as of the date of such payment) shall cease, and the Lessor shall convey to the Lessee all right, title and interest of the Lessor in and to the Aircraft on an "as-is, where is" basis, without recourse or warranty except a warranty against Lessor's Liens.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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