Common use of Postponement of Delivery Date Clause in Contracts

Postponement of Delivery Date. In the event that the Participants shall make the Funding requested pursuant to the Delivery Date Notice and the transactions contemplated to occur on the Delivery Date shall not have been consummated on the date specified in such Delivery Date Notice, Lessee shall pay to Agent, for the benefit of (a) the Certificate Purchasers, yield on the amount funded by each Certificate Purchaser at the Yield Rate, and (b) the Lenders, interest on the amount funded by each Lender at the Interest Rate, in each case less any interest or other amounts earned by Agent investing such funded amounts, which interest shall be for the ratable benefit of the Participants; provided that this provision shall not be construed to require Agent to invest such funds in interest-bearing accounts. Such interest shall be due and payable by Lessee upon the consummation of the Delivery Date and such payment shall be an additional condition precedent to such Delivery Date; provided, however, that no additional Delivery Date Notice shall be required to be given if such Delivery Date is postponed and thereafter consummated; and provided, further, that if such Delivery Date shall not have occurred by the first to occur of (a) the second (2nd) Business Day following the Funding in respect thereof and (b) December 30, 1999, then all such interest shall be due and payable on such date, and Agent shall refund to each Participant all amounts funded by such Participant, plus any amounts due pursuant to Section 7.7 (which Lessee shall pay to Agent for the benefit of the Participants). Upon a Participant funding the amount of its Commitment, the Commitment of such Participant shall terminate.

Postponement of Delivery Date. In the event that the Participants Certificate Purchasers shall make the Funding requested pursuant to the Delivery Date Notice and the transactions contemplated to occur on the Delivery Date shall not have been consummated on the date specified in such Delivery Date Notice, Lessee Lessees shall pay to AgentLessor, for the benefit of (a) the Certificate Purchasers, yield interest on the amount funded by each Certificate Purchaser at the Yield Rate, and (b) the Lenders, interest on the amount funded by each Lender at the Interest Rate, in each case less any interest or other amounts earned by Agent investing such funded amounts, which interest shall be for the ratable benefit of the ParticipantsCertificate Purchasers; provided that this provision shall not be construed to require Agent Lessor to invest such funds in interest-bearing accounts. Such interest shall be due and payable by Lessee Lessees upon the consummation of the Delivery Date and such payment shall be an additional condition precedent to such Delivery Date; provided, however, that no additional Delivery Date Notice shall be required to be given if such Delivery Date is postponed and thereafter consummated; and provided, further, that if such Delivery Date shall not have occurred by the first to occur of (a) the second fifth (2nd5th) Business Day following the Funding in respect thereof and (b) December 30January 29, 19991998, then all such interest shall be due and payable on such date, and Agent Lessor shall refund to each Participant Certificate Purchaser all amounts funded by such ParticipantCertificate Purchaser, plus any amounts due pursuant to Section 7.7 (which Lessee shall pay to Agent for the benefit of the Participants). Upon a Participant funding the amount of its Commitment, the Commitment of such Participant shall terminate7.7.

Postponement of Delivery Date. In the event that the Participants Lessors shall make the Funding requested pursuant to the any Delivery Date Notice and the transactions contemplated to occur on the relevant Delivery Date Closing shall not have been consummated occurred on the date specified in such Delivery Date Notice, Lessee shall pay to Agent, for the benefit of (a) the Certificate Purchasers, yield on the amount funded by each Certificate Purchaser at the Yield Rate, and (b) the LendersLessors, interest on the amount funded by each Lender Lessor at the Assumed Interest Rate, in each case less any interest or other amounts earned by Agent investing such funded amounts, which interest shall be for the ratable benefit of the ParticipantsLessors; provided that this provision shall not be construed to require Agent to invest such funds in interest-interest- bearing accounts. Such interest shall be due and payable by Lessee upon the consummation occurrence of the such Delivery Date and such payment shall be an additional condition precedent to such Delivery DateDate Closing; provided, however, that no additional Delivery Date Notice shall be required to be given if such a Delivery Date Closing is postponed and thereafter consummated; and provided, further, that if such Delivery Date Closing shall not have occurred by the first to occur of (a) the second fifth (2nd5th) Business Day following the Funding in respect thereof and (b) December 3029, 1999, 1995; then all such interest shall be due and payable on such date, and Agent shall refund to each Participant Lessor all amounts funded by such ParticipantLessor, plus any other amounts due pursuant to under Section 7.7 (which Lessee shall pay to Agent for the benefit of the Participants). Upon a Participant funding the amount of its Commitment, the Commitment of such Participant shall terminate7.5.