Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (i) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $1,000,000 no more than $100,000 of which may be non-standard equipment and soft costs (such non-standard equipment and soft costs may not, at any time, constitute greater than 10% of the then aggregate funding amounts); (ii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $50,000 except for a final advance which may be less than $50,000; (iii) Lessor shall not be obligated to purchase Equipment hereunder after May 1, 1994; (iv) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than October 1, 1993; (v) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee to Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment; (viii) Lessee is performing according to its business plan dated July 20, 1993 ("Business Plan"), as may be amended from time to time in form and substance acceptable to Lessor; (ix) Lessor or its agent has inspected and placed identification labels on the Equipment; (x) Lessee shall offer to Lessor all lease transactions for Equipment contemplated by Lessee during the commitment period of this Lease; however if Lessor declines to finance any such transaction or Lessee and Lessor cannot agree upon terms, then Lessee shall be free to seek such financing from
Lessor Commitment. Subject to the conditions and terms hereof, the Lessor shall, upon the written request of the Lessee, make the Advance on the Acquisition Date up to the amount of the Commitment for the purpose of financing the acquisition of the Property.
Lessor Commitment. 2 3.2. Procedures for Advance...................................................2
Lessor Commitment. Subject to the conditions and terms ----------------- hereof, the Lessor shall take the following actions at the written request of the Lessee from time to time during the Commitment Period:
(a) make Advances (out of funds provided by the Participants) for the purpose of financing the acquisition of the Land Interest and the Equipment and construction of the Improvements;
(b) acquire the Land Interest and the Equipment (using funds provided by the Participants); and
(c) lease the Property as lessor to the Lessee under the Lease.
Lessor Commitment. 2 3.2. Procedures for Advance........................................... 2 ARTICLE IV CONDITIONS PRECEDENT 4.1. Documentation Date............................................... 3 4.2. Acquisition Date................................................. 3 4.3. Conditions Precedent to the Acquisition Date and the Advance..... 3
Lessor Commitment. Subject to the conditions and terms hereof, on the Acquisition Date, the Lessor shall make available at the written request of the Lessee an amount (a "Lessor Amount") in immediately available funds equal to the Lessor's Commitment Percentage of the amount of the Advance being funded on the Acquisition Date. Notwithstanding any other provision hereof, the Lessor shall not be obligated to make available any Lessor Amount if, after giving effect to the proposed Lessor Amount, the outstanding aggregate amount of the Lessor Amounts would exceed the Lessor Commitment.
Lessor Commitment. (i) Subject to the terms and conditions hereof and after receipt of the Funding Request in accordance with Section 2.5 hereof, the Lessor agrees to make an investment on the Closing Date to the Escrow Agent in accordance with Section 2.3 in an amount equal to its Lessor Retained Interest.
(ii) Subject to the terms and conditions hereof and after receipt of the Funding Request in accordance with Section 2.5 hereof, the Lessor agrees to make an investment on the Closing Date to the Escrow Agent in accordance with Section 2.3 in an amount equal to its Lessor Investment.
(iii) The Lessor’s Commitment and Commitment Percentage with respect to the Lessor Retained Interest and the Lessor Investment are as specified on Schedule I-B or as specified in the applicable Assignment Agreement pursuant to which the Lessor became a party hereto. Nothing in this Section 2.2(b) shall operate to relieve the Rent Assignees or the Lessee from their respective obligations under the Operative Documents or to waive any of the Lessor’s rights against the Rent Assignees or the Lessee.
Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (a) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $2,000,000 ("Commitment") of which amount Lessor may purchase Soft Costs Equipment for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 25% of the utilized Commitment; (b) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $20,000 except for a final advance which may be less than $20,000; (c) Lessor shall not be obligated to purchase Equipment hereunder after June 30, 1998; (d) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than June 15, 1997; (e) the equipment described on the Schedule is acceptable to Lessor and may include equipment manufactured by Lessee provided Lessee certifies such equipment will only be utilized as laboratory equipment;
Lessor Commitment. Subject to the terms and conditions of this Lease, the Lessor shall, upon the written request of the Lessee from time to time on or before the Base Date, make Fundings on Funding Dates for the purpose of (i) in the case of any Property other than a Construction Property, financing the acquisition of such Property and related Tenant Improvements, if any, and (ii) in the case of any Construction Property, financing the acquisition, ownership, insurance, renovation and improvement of such Property during the Construction Period applicable thereto. Except in the case of a Construction Property, the Lessor shall not make more than one Funding with respect to any Leased Asset unless otherwise agreed by the Lessor with respect to such Leased Asset. After the initial Funding for any Construction Property, the Lessor shall make additional Fundings with respect thereto as provided herein, PROVIDED that the Lessor shall not make any Funding for any Construction Property after the Lease Commencement Date applicable thereto. Notwithstanding any other provision hereof, the Lessor shall not be obligated to make any Funding if, after giving effect thereto, the aggregate principal amount of Fundings (x) with respect to the Leased Asset to be funded thereby would exceed the Maximum Lease Balance relating thereto or (y) with respect to all Leased Assets would exceed the Total Commitment.
Lessor Commitment. Subject to the conditions and terms hereof, the Lessor shall, upon the written request of the Lessee from time to time, make Advances on Funding Dates for the purpose of (i) in the case of any Property other than a Construction Property, financing the acquisition of such Property (or refinancing such Property, in the case of the assets listed on Annex 1) and (ii) in the case of any Construction Property, financing the acquisition, ownership, insurance, construction, renovation and improvement of such Property during the Construction Period applicable thereto. Except in the case of a Construction Property, the Lessor shall not make more than a single Advance in respect of any Leased Asset, on the Acquisition Date with respect to such Leased Asset, unless otherwise agreed by the Lessor with respect to such Leased Asset. In addition, and notwithstanding any other provision hereof, the Lessor shall not be obligated to make any Advance if, after giving effect thereto, the aggregate amount of Advances (x) with respect to the Leased Asset to be funded thereby would exceed the Lessor Commitment relating thereto or (y) with respect to all Leased Assets would exceed the aggregate of the Lessor Commitment for all Leased Assets. The Lessor's Commitment for each Leased Asset is set forth in the Lease Supplement for such Leased Asset.
