Obligor Payment. If a sale of all Non-Renewal Items of Equipment either to Obligor pursuant to Section 25.2 hereof or to a third party pursuant to Section 25.3 hereof has not been consummated on the Termination Date with respect thereto for any reason, then Obligor shall, on the Termination Date of such Item(s), pay to Corporate Obligee as an end of term Equipment Payment adjustment, in immediately available funds, as an adjustment to the Equipment Payment payable under this Equipment Agreement for such Item(s) that have not been sold pursuant to Sections 25.2, 25.3 or 25.4, an amount equal to the Equipment Payment due and payable for such Item(s) of Equipment on the Termination Date, plus all Supplemental Payments then due and owing with respect to such Item(s) plus (a) the Maximum Obligor Risk Amount of all of such Items, if (i) on the Termination Date no Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, and (ii) all Items of Equipment then subject to this Equipment Agreement have been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, and (iii) this Equipment Agreement shall not have been terminated prior to the Termination Date, or (b) the Estimated Residual Value of all of such Items, if (i) on the Termination Date an Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, or (ii) all Items of Equipment then subject to this Equipment Agreement have not been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, or (iii) this Equipment Agreement shall have been terminated prior to the Termination Date. Obligor shall remain liable for the payment of, and upon the consummation by Corporate Obligee of the sale of any Item(s) of Equipment on or after the Termination Date thereof, Obligor shall pay, or reimburse Corporate Obligee for the payment of, all applicable sales, excise or other Taxes imposed as a result of such sale, other than gross or net income taxes attributable to such sale, and such obligation shall survive the termination of this Equipment Agreement.
Appears in 1 contract
Samples: Equipment Leasing Agreement (Harman International Industries Inc /De/)
Obligor Payment. If a sale of Obligee's interest in all Non-Renewal Items of Equipment then subject to this Agreement either to the Obligor pursuant to Section 25.2 28(b) hereof or to a third party pursuant to Section 25.3 28(c) hereof has not been consummated on the Termination Date with respect thereto for any reason, then the Obligor shall, on the Termination Date of such Item(s)Items, pay to Corporate Obligee as an end End of term Equipment Payment adjustmentTerm Adjustment, in immediately available funds, as an adjustment to the Equipment Payment Basic Payments payable under this Equipment Agreement for such Item(s) that have not been sold pursuant to Sections 25.2, 25.3 or 25.4Items, an amount equal to the Equipment Payment due and payable for such Item(s) of Equipment on the Termination Date, plus all Supplemental Payments then due and owing with respect to such Item(s) plus (ai) the Maximum Obligor Risk Amount of all of such Items, if (i) on the Termination Date no Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, and or (ii) all Items of Equipment then subject to this Equipment Agreement have been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, and (iii) this Equipment Agreement shall not have been terminated prior to the Termination Date, or (b) the Estimated Residual Value of all of such Items, if (i) on the Termination Date an Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, or (iiplus, in either case, the Basic Payments due and payable for such Item(s) all Items of Equipment then subject to this Equipment Agreement have not been returned to Corporate Obligee on the Termination Date Date, if Basic Payments for such Item(s) are payable in the condition arrears, plus all Supplemental Payments then due and at the locations required by Section 6 hereof, or (iii) this Equipment Agreement shall have been terminated prior owing with respect to the Termination Datesuch Item(s). Obligor shall remain liable for the payment of, and upon the consummation by Corporate Obligee of the sale of Obligee's interest in any Item(s) of Equipment on or after the Termination Date thereof, Obligor shall pay, or reimburse Corporate Obligee for the payment of, all any applicable sales, excise or other Taxes taxes imposed as a result of such sale, other than gross or net income taxes attributable to such sale, and such obligation shall survive the termination of this Equipment Agreement.
Appears in 1 contract
Samples: Equipment Agreement (Ohm Corp)
Obligor Payment. If a sale of Obligee's interest in all Non-Renewal Items ---------------- of Equipment then subject to this Agreement either to the Obligor pursuant to Section 25.2 28(b) hereof or to a third party pursuant to Section 25.3 28(c) hereof has not been consummated on the Termination Date with respect thereto for any reason, then the Obligor shall, on the Termination Date of such Item(s)Items, pay to Corporate Obligee as an end End of term Equipment Payment adjustmentTerm Adjustment, in immediately available funds, as an adjustment to the Equipment Payment Payments payable under this Equipment Agreement for such Item(s) that have not been sold pursuant to Sections 25.2, 25.3 or 25.4Items, an amount equal to the Equipment Payment due and payable for such Item(s) of Equipment on the Termination Date, plus all Supplemental Payments then due and owing with respect to such Item(s) plus (ai) the Maximum Obligor Risk Amount of all of such Items, if (i) on the Termination Date no Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, and or (ii) all Items of Equipment then subject to this Equipment Agreement have been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, and (iii) this Equipment Agreement shall not have been terminated prior to the Termination Date, or (b) the Estimated Residual Value of all of such Items, if (i) on the Termination Date an Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, or (iiplus, in either case, the Payments due and payable for such Item(s) all Items of Equipment then subject to this Equipment Agreement have not been returned to Corporate Obligee on the Termination Date Date, if Payments for such Item(s) are payable in the condition arrears, plus all Supplemental Payments then due and at the locations required by Section 6 hereof, or (iii) this Equipment Agreement shall have been terminated prior owing with respect to the Termination Datesuch Item(s). Obligor shall remain liable for the payment of, and upon the consummation by Corporate Obligee obligee of the sale of Obligee's interest in any Item(s) of Equipment on or after the Termination Date thereof, Obligor shall pay, or reimburse Corporate Obligee for the payment of, all any applicable sales, excise or other Taxes taxes imposed as a result of such sale, other than gross or net income taxes attributable to such sale, and such obligation shall survive the termination of this Equipment Agreement.
Appears in 1 contract
Samples: Equipment Agreement (It Group Inc)
Obligor Payment. If a sale of all Non-Renewal Items of Equipment either to Obligor pursuant to Section 25.2 hereof or to a third party pursuant to Section 25.3 hereof has not been consummated on the Termination Date with respect thereto for any reason, then Obligor shall, on the Termination Date of such Item(s), pay to Corporate Obligee as an end of term Equipment Payment adjustment, in immediately available funds, as an adjustment to the Equipment Payment payable under this Equipment Agreement for such Item(s) that have not been sold pursuant to Sections 25.2, 25.3 or 25.4, an amount equal to the Equipment Payment due and payable for such Item(s) of Equipment on the Termination Date, plus all Supplemental Payments then due and owing with respect to such Item(s) plus (a) the Maximum Obligor Risk Amount of all of such Items, if (i) on the Termination Date no Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, and (ii) all Items of Equipment then subject to this Equipment Agreement have been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, hereof and (iii) this Equipment Agreement shall not have been terminated prior to the Termination Date, or (b) the Estimated Residual Value of all of such Items, if (i) on the Termination Date an Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, or (ii) all Items of Equipment then subject to this Equipment Agreement have not been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, or (iii) this Equipment Agreement shall have been terminated prior to the Termination Date. Obligor shall remain liable for the payment of, and upon the consummation by Corporate Obligee of the sale of any Item(s) of Equipment on or after the Termination Date thereof, Obligor shall pay, or reimburse Corporate Obligee for the payment of, all applicable sales, excise or other Taxes imposed as a result of such sale, other than gross or net income taxes attributable to such sale, and such obligation shall survive the termination of this Equipment Agreement.
Appears in 1 contract
Samples: Equipment Leasing Agreement (Harman International Industries Inc /De/)
Obligor Payment. If a sale of all Non-Renewal Items of Equipment either to Obligor pursuant to Section 25.2 hereof or to a third party pursuant to Section 25.3 hereof has not been consummated on the Termination Date with respect thereto for any reason, then Obligor shall, on the Termination Date of such Item(s), pay to Corporate Obligee as an end of term Equipment Payment adjustment, in immediately available funds, as an adjustment to the Equipment Payment payable under this Equipment Agreement for such Item(s) that have not been sold pursuant to Sections 25.2, 25.3 Section 25.2 or 25.425.3, an amount equal to the Equipment Payment due and payable for such Item(s) of Equipment on the Termination Date, plus all Supplemental Payments then due and owing with respect to such Item(s) plus (a) the Maximum Obligor Risk Amount of all of such Items, if (i) on the Termination Date no Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, and (ii) all Items of Equipment then subject to this Equipment Agreement have been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, and (iii) this Equipment Agreement shall not have been terminated prior to the Termination Date, and (iv) no amendment, modification, supplement, consent, waiver, approval, settlement, extension, compromise or accommodation of this Equipment Agreement shall have been entered into or granted without the prior written consent of the LC Issuer or (b) the Estimated Residual Value of all of such Items, if if
(i) on the Termination Date an Equipment Agreement Event of Default or event which, with notice or passage of time or both would constitute an Equipment Agreement Event of Default, shall have occurred and be continuing hereunder, or (ii) all Items of Equipment then subject to this Equipment Agreement have not been returned to Corporate Obligee on the Termination Date in the condition and at the locations required by Section 6 hereof, or (iii) this Equipment Agreement shall have been terminated prior to the Termination Date, or (iv) an amendment, modification, supplement, consent, waiver, approval, settlement, extension, compromise or accommodation of this Equipment Agreement shall have been entered into or granted without the prior written consent of the LC Issuer. Obligor shall remain liable for the payment of, and upon the consummation by Corporate Obligee of the sale of any Item(s) of Equipment on or after the Termination Date thereof, Obligor shall pay, or reimburse Corporate Obligee for the payment of, all applicable sales, excise or other Taxes imposed as a result of such sale, other than gross or net income taxes attributable to such sale, and such obligation shall survive the termination of this Equipment Agreement.
Appears in 1 contract
Samples: Equipment Financing Agreement (Harman International Industries Inc /De/)