OWNERSHIP OF THE EQUIPMENT. 9.1 Except as detailed in clause 9.4, You acknowledge that We own the Equipment and in all circumstances We retain title to the Equipment. Your rights to use the Equipment are as a bailee only.
9.2 Except in the circumstances set out in clause 10, You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.
9.3 In no circumstances will the Equipment be deemed to be a fixture.
9.4 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third Party Owner.
OWNERSHIP OF THE EQUIPMENT. 3.3.1. When the Customer becomes responsible for the Equipment: Once the Installation of the Equipment is complete, the Customer is responsible for the Equipment and all attachments to British Telecom equipment and facilities which form part of the Installation.
3.3.2. When the Customer owns Equipment: The Customer shall own the Equipment once the Company has received payment in full for the Installation Charge.
3.3.3. If the Customer does not pay the Installation Charge in full as required under the Agreement, then, without limiting any other right or remedy the Company may have, the Company shall be entitled to require the Customer to return the Equipment to the Company, and if the Customer fails to do so within seven days after the Company’s request for this return, the Company shall be entitled to enter the Customer’s Premises and recover the Equipment.
OWNERSHIP OF THE EQUIPMENT. 9.1 Except as detailed in clause 9.4, You acknowledge that We own the Equipment and in all circumstances We retain title to the Equipment (even if You go into liquidation or become bankrupt during the Hire Period). Your rights to use the Equipment are as a bailee only.
9.2 Except in the circumstances set out in clause 10, You are not entitled to offer, sell, assign, sub-let, charge, mortgage, pledge or create any form of security interest over, or otherwise deal with the Equipment in any way.
9.3 In no circumstances will the Equipment be deemed to be a fixture.
9.4 You acknowledge that We may hire or lease Equipment from a third party if we cannot provide the Equipment to You (“Third Party Owner”), and if this occurs, title in the Equipment remains with the Third Party Owner.
OWNERSHIP OF THE EQUIPMENT. 3.1 Title to the Equipment shall only pass to the Client when Digital Origin has received full payment for the Equipment, provided that no other sums are then overdue to Digital Origin from the Client on any account. Digital Origin shall retain title to all Equipment subject to a Credit. Title to Handsets provided using a Hardware Account or on a free of charge basis shall pass to the Client once the aggregate Minimum Spend or the Minimum Holding for the entire Minimum Agreement Term has been met and all charges incurred during the Minimum Agreement Term have been paid.
OWNERSHIP OF THE EQUIPMENT. (a) Lessor and Lessee intend that (i) for financial accounting purposes with respect to Lessee (A) this Lease will be treated as an "operating lease" pursuant to Statement of Financial Accounting Standards (SFAS) No. 13, as amended, (B) Lessor will be treated as the owner and lessor of the Equipment and (C) Lessee will be treated as the lessee of the Equipment but (ii) for federal, state and local income tax and state law purposes (A) this Lease will be treated as a financing arrangement, (B) the Securityholders will be treated as senior lenders making loans to Lessee in an amount equal to the principal amount of the Securities, which Securities will be secured by the Equipment, (C) the Certificate Holders will be treated as subordinated lenders making loans to Lessee in an aggregate amount equal to the Certificate Holder Contribution, which loans are secured by the Equipment, and (D) Lessee will be treated as the owner of the Equipment and will be entitled to all tax benefits ordinarily available to an owner of property like the Equipment for such tax purposes.
(b) Lessor and Lessee further intend and agree that, for the purpose of securing Lessee's obligations for the repayment of the above-described loans, (i) this Lease shall also be a security agreement (as defined in Section 1-201(37) of the Uniform Commercial Code) and financing statement within the meaning of Article 9 of the Uniform Commercial Code; (ii) the conveyance provided for in Section 2 shall be deemed a grant of, and Lessee hereby grants to Lessor, a security interest in Lessee's right, title and interest in the Equipment and all proceeds of the conversion, voluntary or involuntary, of the foregoing into cash, investments, securities or other property, whether in the form of cash, investments, securities or other property, for the benefit of the Lessor to secure the Lessee's payment of all amounts owed by, and the performance of all obligations of, the Lessee under this Lease and the other Operative Agreements and Lessor holds title to the Equipment so as to create and grant a first lien and prior security interest in the Equipment (A) pursuant to this Lease for the benefit of the Collateral Agent under the Assignment of Lease, to secure to the Collateral Agent the obligations of the Lessee under the Lease for the benefit of the Securityholders and the Certificate Holders and (B) pursuant to the Security Agreement to secure to the Collateral Agent the obligations of the Lessor under the I...
OWNERSHIP OF THE EQUIPMENT. 3.1 Title to the Equipment shall only pass to the Client when Pericom has received full payment for the Equipment, provided that no other sums are then overdue to Pericom from the Client on any account. Pericom shall retain title to all Equipment subject to a Credit. Title to Handsets provided using a Hardware Account or on a free of charge basis shall pass to the Client once the aggregate Minimum Spend or the Minimum Holding for the entire Minimum Agreement Term has been met and all charges incurred during the Minimum Agreement Term have been paid.
OWNERSHIP OF THE EQUIPMENT. 3.1 Title to the Equipment shall only pass to the Client when Guru Technology has received full payment for the Equipment, provided that no other sums are then overdue to Guru Technology from the Client on any account. Guru Technology shall retain title to all Equipment subject to a Credit. Title to Handsets provided using a Hardware Account or on a free of charge basis shall pass to the Client once the aggregate Minimum Spend or the Minimum Holding for the entire Minimum Agreement Term has been met and all charges incurred during the Minimum Agreement Term have been paid.
OWNERSHIP OF THE EQUIPMENT. 3.1 Title to the Equipment shall only pass to the Client when Beyond Networks has received full payment for the Equipment, provided that no other sums are then overdue to Beyond Networks from the Client on any account. Beyond Networks shall retain title to all Equipment subject to a Credit. Title to Handsets provided using a Hardware Account or on a free of charge basis shall pass to the Client once the aggregate Minimum Spend or the Minimum Holding for the entire Minimum Agreement Term has been met and all charges incurred during the Minimum Agreement Term have been paid.
OWNERSHIP OF THE EQUIPMENT. 4.1 The Hirer acknowledges that the Equipment is the property of the Provider and will remain the property of the Provider at all times.
4.2 While in the Hirer’s possession, the risk of loss or damage to the Equipment will lie with the Hirer, irrespective that the title to the Equipment remains with the Provider. The Hirer is responsible for the custody and safekeeping of the Equipment.
4.3 The Hirer will not do or omit to do any act whereby any liens on the Equipment arise and will protect the Equipment from distress execution and seizure. The Hirer will at all times keep the Equipment in its possession or control and will not attempt to sell, pledge, charge, hire out or otherwise deal with the Equipment.
4.4 The Hirer grants the Provider (and others claiming through the Provider) a right of access to the Hirer’s premises to inspect the Equipment and, as permitted by the Agreement or by law, take possession of the Equipment.
OWNERSHIP OF THE EQUIPMENT. During the term of lease, the ownership of the lease subject lies with Huarong Company; upon expiry of the term of lease, the ownership of the lease subject shall be transferred to the Company after the Company pays the full purchase price to Huarong Company on time. Chonggang Holding is the guarantor to the Finance Lease Agreement.
