Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 prior to making any payment to such Tax Indemnitee under this Section 9.3.
Appears in 18 contracts
Samples: Participation Agreement (Continental Airlines Inc /De/), Participation Agreement (Continental Airlines Inc /De/), Lease Agreement (Atlas Air Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.
Appears in 6 contracts
Samples: Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.3 and Section 15.8 9.2 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.39.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 6 contracts
Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)
Non-Parties. If a Tax Indemnitee is not a party to this ----------- Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Article 6 prior to making any payment to such Tax Indemnitee under this Section 9.3hereunder.
Appears in 4 contracts
Samples: Supplemental Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Facility Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Facility Lessee, to the terms of this Section 9.3 and Section 15.8 9.2 prior to making any payment to such Tax Indemnitee under this Section 9.39.2. Subject to the preceding sentence, the Facility Lessee's obligations under this Section 9.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 4 contracts
Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section ss. 9.3 and Section 15.8 prior to making any payment to such Tax Indemnitee under this Section 9.3ss.
Appears in 3 contracts
Samples: Financing Agreement (Amtran Inc), Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 7(b) prior to making any payment to such Tax Indemnitee under this Section 9.3.7(b). EXHIBIT L TO PARTICIPATION AGREEMENT [NW ____ _]
Appears in 3 contracts
Samples: Participation Agreement (Northwest Airlines Inc /Mn), Participation Agreement (Northwest Airlines Holdings Corp/Pred), Participation Agreement (Northwest Airlines Corp)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 9.2 and Section 15.8 any other relevant provision hereof prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Lessee’s obligations under this Section 9.39.2 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 2 contracts
Samples: Participation Agreement, Participation Agreement (Firstenergy Corp)
Non-Parties. If a Tax Indemnitee is not a party to this ----------- Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 4 prior to making any payment to such Tax Indemnitee under this Section. Subject to the preceding sentence, the Lessee's obligations under this Section 9.34 shall inure to the benefit of each and every Tax Indemnitee without regard to whether such Tax Indemnitee is a party to this Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease Agreement (Wells Real Estate Investment Trust Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making any payment to such Tax Indemnitee under this Section 9.313.
Appears in 1 contract
Samples: Participation Agreement (Cal Dive International Inc)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section (S) 9.3 and Section (S) 15.8 prior to before making any payment to such Tax Indemnitee under this Section (S) 9.3.
Appears in 1 contract
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making the Lessee being obligated to make any payment to such Tax Indemnitee under this Section 9.313.
Appears in 1 contract
Non-Parties. If a Tax Indemnitee is not a party to this Participation Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 13 prior to making any payment to such Tax Indemnitee under this Section 9.313.
Appears in 1 contract
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 Schedule 6 prior to making any payment to such Tax Indemnitee under this Section 9.3Schedule 6.
Appears in 1 contract
Samples: Lease Agreement (Aircastle LTD)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Lessee, to the terms of this Section 9.3 and Section 15.8 4.02 prior to making any payment to such Tax Indemnitee under this Section 9.34.02.
Appears in 1 contract
Non-Parties. If a any Tax Indemnitee is not a party to this Agreement, Lessee may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 prior to 8.2, before making any payment to such Tax Indemnitee under this Section 9.38.2.
Appears in 1 contract
Samples: Participation Agreement (American Financial Realty Trust)
Non-Parties. If a Tax Indemnitee is not a party to this Agreement, the Lessee may require the such Tax Indemnitee to agree in writing, in a form reasonably acceptable to the Lessee, to the terms of this Section 9.3 and Section 15.8 10(c) prior to making any payment payments to such Tax Indemnitee under this Section 9.310(c).
Appears in 1 contract
