PROCUREMENT, DELIVERY AND ACCEPTANCE. 1.1 Lessee has ordered or shall order the Units pursuant to one or more purchase orders or other contracts of sale ("Purchase Agreements") from one or more vendors ("Vendors"). If, before the date of any Appendix, Lessee receives title to or possession of any Unit described in such Appendix, Lessee shall convey the Unit to Lessor under a bill of sale in form and substance satisfactory to Lessor. Lessee shaxx, on the date of each Appendix, assign to Lessor all of Lessee's right, title and interest in and to the Purchase Agreements for the Units described in the Appendix by executing and delivering to Lessor a Purchase Agreement Assignment in the form of Exhibit A (a "Purchase Agreement Assignment"). Lessor agrees to (a) accept the assignment and (b) subject to Section 1.2, assume the obligations of Lessee under the Purchase Agreements to purchase and pay for the Units, but no other duties and obligations thereunder. Nevertheless, Lessee shall remain liable to Vendor with respect to its duties and obligations in accordance with the Purchase Agreements.
PROCUREMENT, DELIVERY AND ACCEPTANCE. Prior to any Advance Date, Borrower shall have ordered the personal property that will become Collateral from the Vendor pursuant to one or more Purchase Agreements. Borrower shall be solely responsible for the selection and ordering of the personal property that will become Collateral. Borrower may instruct or direct Lender, as its agent, to pay Vendor for the personal property that will become Collateral on Borrower’s behalf or, Borrower upon proof or evidence of purchase, may request reimbursement by Lender for the personal property that will become Collateral previously purchased by Borrower.
PROCUREMENT, DELIVERY AND ACCEPTANCE. Prior to any Advance Date or Acceptance Date, Lessee shall have ordered the Equipment from a Vendor pursuant to one or more purchase orders or other contracts for sale ("Purchase Agreements"). Lessee shall be solely responsible for the selection and ordering of the Equipment. Lessee may instruct or direct Lessor, as its agent, to pay a Vendor for the Equipment on Lessee's behalf or, Lessee upon proof or evidence of purchase, may request reimbursement by Lessor for the Equipment previously purchased by Lessee. If, for any reason, the Lessee fails to irrevocably accept the Equipment for Lease by executing an Equipment Schedule identifying the Equipment for which Advances have been previously made by Lessor pursuant to any Acceptance Certificate, then Lessee shall, upon demand by Lessor, reimburse Lessor in full for those funds so advanced by paying to Lessor a Stipulated Loss Value equal to not less than 110% of the Equipment Cost plus any unpaid Daily Rent.
PROCUREMENT, DELIVERY AND ACCEPTANCE. 1.1 Lessee has ordered or shall order the Units pursuant to one or more purchase orders or other contracts of sale ("Purchase Agreements") from one or more vendors ("Vendors"). Lessee shall, on the date of each Appendix, assign to Lessor all of Lessee's right, title and interest in and to the Purchase Agreements for the Units described in the Appendix by executing and delivering to Lessor a Purchase Agreement Assignment in the form of Exhibit A (a "Purchase --------- Agreement Assignment"). Lessor agrees to (a) accept the assignment and (b) subject to Section 1.2, assume the obligations of Lessee under the Purchase Agreements to purchase and pay for the Units, but no other duties and obligations thereunder. Nevertheless, Lessee shall remain liable to Vendor with respect to its duties and obligations in accordance with the Purchase Agreements.
PROCUREMENT, DELIVERY AND ACCEPTANCE. Prior to any Advance Date, Borrower shall have ordered the personal property that will become Collateral from the Vendor pursuant to one or more Purchase Agreements. Borrower shall be solely responsible for the selection and ordering of the personal property that will become Collateral. Borrower may instruct or direct Lender, as its agent, to pay Vendor for the personal property that will become Collateral on Borrower’s behalf or, Borrower upon proof or evidence of purchase, may request reimbursement by Lender for the personal property that will become Collateral previously purchased by Borrower. Collateral previously purchased shall be allowed to be financed. The advancement rate will be at invoice cost for Collateral purchased by Borrower 90 days or fewer before the Advance Date. Collateral purchased more than 90 days before the Advance Date shall be advanced at net book value based on three year straight line depreciation. Depreciation can be financed as Soft Collateral provided that the amount of such depreciation financed shall not exceed 30% of the outstanding balance of the Loan Line, subject to Section 3(c)(viii) below. The soft cost allocation can be used for sales tax, freight, installation costs, training, depreciation and assets of specific nature with undeterminable resale value.
PROCUREMENT, DELIVERY AND ACCEPTANCE. 1.1 On a date or dates to be agreed upon by Lessor and Lessee (individually a "Delivery Date"), Lessor will purchase from and lease back to Lessee for an amount equal to the agreed upon value of the Units, and Lessee will sell to and lease back from Lessor each Unit, but all Delivery Dates for such Units must be during the Utilization Period set forth in the Appendix.
PROCUREMENT, DELIVERY AND ACCEPTANCE. 1.1 Lessee has ordered or shall order the Units pursuant to one or more purchase orders or other contracts of sale ("Purchase Agreements") from one or more vendors ("Vendors"). Lessee shall, on the date of each Schedule, assign to Lessor all of Lessee's rights in the Unit's Purchase Agreement by executing and delivering to Lessor the Schedule for the Unit.
PROCUREMENT, DELIVERY AND ACCEPTANCE. Prior to any Advance Date or Acceptance Date, Lessee shall have ordered the Equipment from the Vendor pursuant to one or more purchase orders or other contracts for sale ("Purchase Agreements"). Lessee shall be solely responsible for the selection and ordering of the Equipment. Prior to the earlier of the Advance Date, Acceptance Date, or the date that the title to any Equipment shall have been transferred by the Lessee pursuant to UCC (S)2-401, Lessee hereby assigns to Lessor all of its rights, titlx, xxx xxxxxxxx, xxx none of its obligations, in the applicable Purchase Agreement. Lessor hereby appoints Lessee as its attorney-in-fact and agent to order and purchase the Equipment on behalf of Lessor as its undisclosed agent. To further effectuate the intent of the parties herein, Lessee and Lessor may additionally enter into a Purchase Agreement Assignment in the form of Exhibit C. If, for any reason, the Lessee fails to irrevocably accept the Equipment for Lease by executing an Equipment Schedule identifying the Equipment for which Advances have been previously made by Lessor pursuant to any Acceptance Certificate, then Lessee shall, upon demand by Lessor, reimburse Lessor in full for those funds so advanced by paying to Lessor a Stipulated Loss Value equal to not less than 103.64% of the Equipment Cost plus any unpaid Daily Rent. In the event Lessee fails to pay such amount, Lessor may declare an Event of Default and pursue its remedies under this Lease Agreement.
PROCUREMENT, DELIVERY AND ACCEPTANCE. SECTION 1.1. Lessee currently has title to the Units described in the Appendix, and Lessee shall, on the date of the Appendix, sell to Lessor all of Lessee's right, title and interest in and to the Units described in the Appendix by executing and delivering to Lessor the Assignment Agreement in the form of Exhibit A attached hereto (the "ASSIGNMENT").
PROCUREMENT, DELIVERY AND ACCEPTANCE. 1.1. Subject to the terms and conditions of this Lease, including the satisfaction or waiver of the conditions set forth in Section 1.2, below, (i) Owner Trustee agrees that, on a Business Day specified by the Lessee in the Closing Notice, which date shall be on or prior to March 31, 2000 (the "Delivery Date"), it shall (a) purchase the Units from PanAmSat and pay certain transaction costs and warranty costs related to the Units and the transactions contemplated hereby, with funds provided by the Owner Participants, for the Aggregate Purchase Price, as provided herein, and (ii) each Owner Participant, severally and for itself only, hereby agrees to transfer on the Delivery Date such Owner Participant's ratable share, in accordance with the percentage set forth opposite its name in Schedule I hereto, of the Aggregate Purchase Price for the Units; provided that the Aggregate Purchase Price shall not exceed Fifty-Three Million Six Hundred Thirty One Thousand Dollars ($53,631,000). Lessee acknowledges and agrees that its acceptance of the Units on the Delivery Date shall be conclusive proof that, as of the Delivery Date, each such Unit is in compliance with all requirements of this Lease. On the Delivery Date, Owner Trustee shall lease and Lessee shall accept each Unit and each component part thereof "AS IS" at that time.
