Common use of Measure of Damages Clause in Contracts

Measure of Damages. If an Operating Lease Event of Default, a Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor or the Trustee exercises the remedies granted to the Lessor or the Trustee under this Article 17 or Section 9.2 of the Indenture, the amount that the Lessor shall be permitted to recover from the Lessee as payment shall be equal to: (i) all accrued and unpaid Rent for each Vehicle to the earlier of the date of the return to the Lessor of such Vehicle or disposition by the Servicer of such Vehicle in accordance with the terms of this Agreement and all other payments payable under this Agreement; plus (ii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses which the Lessor or the Trustee will have sustained by reason of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Vehicles or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection; plus (iii) interest from time to time on amounts due and unpaid under this Agreement at one-month LIBOR plus 1.0% computed from the date of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor under this Agreement or from the date of each expenditure by the Lessor or the Trustee, as applicable, which is recoverable from the Lessee pursuant to this Section 17, as applicable, to and including the date payments are made by the Lessee.

Measure of Damages. If an AESOP II Operating Lease Event of Default, a Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor Lessor, the Lender or the Trustee exercises the remedies granted to the Lessor Lessor, the Lender or the Trustee under this Article 17 or Section 9.2 of the Indenture18, the amount that the Lessor shall be permitted to recover from the Lessee as payment shall be equal to: (i) all accrued and unpaid Monthly Base Rent, all Supplemental Rent for each Vehicle to the earlier of the date of the return to the Lessor of such Vehicle or disposition by the Servicer of such Vehicle in accordance with the terms of this Agreement and all other payments payable under this AgreementAgreement (calculated as provided in Section 18.2); plus (ii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ ' fees and expenses (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor, the Lender or the Trustee will have sustained by reason of the AESOP II Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default, together with reasonable sums for such attorneys’ ' fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Vehicles leased hereunder or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection; plus (iii) interest from time to time on amounts due and unpaid under this Agreement at one-month LIBOR the applicable Lender's Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of the AESOP II Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor under this Agreement or from the date of each expenditure by the Lessor or the Trustee, as applicable, which is recoverable from the Lessee Lessees pursuant to this Section 1718, as applicable, to and including the date payments are made by the LesseeLessees.

Measure of Damages. If an Operating a Lease Event of Default, a Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor or the Trustee exercises the remedies granted to the Lessor or the Trustee under this Article 17 or Section 9.2 of the Indenture18, the amount that the Lessor shall be permitted to recover from the Lessee as payment shall be equal to: (i) all accrued and unpaid Monthly Base Rent, all Supplemental Rent for each Vehicle to the earlier of the date of the return to the Lessor of such Vehicle or disposition by the Servicer of such Vehicle in accordance with the terms of this Agreement and all other payments amounts due and payable under this AgreementAgreement (calculated as provided in Section 18.2); plus (ii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor or the Trustee will have sustained by reason of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Vehicles Group I Trucks or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection; plus (iii) interest from time to time on amounts due and unpaid under this Agreement at one-month LIBOR the applicable Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor under this Agreement or from the date of each expenditure by the Lessor or the Trustee, as applicable, which is recoverable from the Lessee pursuant to this Section 1718, as applicable, to and including the date payments are made by the Lessee.

Measure of Damages. If an Operating a Lease Event of Default, a Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor or the Trustee exercises the remedies granted to the Lessor or the Trustee under this Article 17 or Section 9.2 of the Indenture18, the amount that the Lessor shall be permitted to recover from the Lessee as payment shall be equal to: (i) all accrued and unpaid Monthly Base Rent, all Supplemental Rent for each Vehicle to the earlier of the date of the return to the Lessor of such Vehicle or disposition by the Servicer of such Vehicle in accordance with the terms of this Agreement and all other payments amounts due and payable under this AgreementAgreement (calculated as provided in Section 18.2); plus (ii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor or the Trustee will have sustained by reason of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Vehicles Group II Trucks or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection; plus (iii) interest from time to time on amounts due and unpaid under this Agreement at one-month LIBOR the applicable Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor under this Agreement or from the date of each expenditure by the Lessor or the Trustee, as applicable, which is recoverable from the Lessee pursuant to this Section 1718, as applicable, to and including the date payments are made by the Lessee.

Measure of Damages. If an Operating a Lease Event of Default, a Limited Liquidation Event of Default or a Liquidation Event of Default occurs and the Lessor or the Trustee exercises the remedies granted to the Lessor or the Trustee under this Article 17 or Section 9.2 of the Indenture18, the amount that the Lessor shall be permitted to recover from the Lessee as payment shall be equal to: (i) all accrued and unpaid Monthly Base Rent, all Supplemental Rent for each Vehicle to the earlier of the date of the return to the Lessor of such Vehicle or disposition by the Servicer of such Vehicle in accordance with the terms of this Agreement and all other payments amounts due and payable under this AgreementAgreement (calculated as provided in Section 18.2); plus (ii) any reasonable out-of-pocket damages and expenses, including reasonable attorneys’ fees and expenses (but excluding net after-tax losses of federal and state income tax benefits to which the Lessor would otherwise be entitled as a result of this Agreement), which the Lessor or the Trustee will have sustained by reason of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default, together with reasonable sums for such attorneys’ fees and such expenses as will be expended or incurred in the seizure, storage, rental or sale of the Vehicles BTF Trucks or in the enforcement of any right or privilege hereunder or in any consultation or action in such connection; plus (iii) interest from time to time on amounts due and unpaid under this Agreement at one-month LIBOR the applicable Carrying Cost Interest Rate plus 1.0% from time to time computed from the date of the Operating Lease Event of Default, Limited Liquidation Event of Default or Liquidation Event of Default or the date payments were originally due to the Lessor under this Agreement or from the date of each expenditure by the Lessor or the Trustee, as applicable, which is recoverable from the Lessee pursuant to this Section 1718, as applicable, to and including the date payments are made by the Lessee.