Purchase Options. Neither the Property nor any part thereof is subject to any purchase options or other similar rights in favor of third parties.
Purchase Options. No Property or any part thereof is subject to any purchase options, rights of first refusal, rights of first offer or other similar rights in favor of third parties.
Purchase Options. Lessee shall have the option, (i) upon at least thirty (30) days irrevocable prior written notice to Lessor prior to the EBO Date with respect to the purchase option set forth in clause (1) and (ii) upon at least one hundred twenty (120) days irrevocable prior written notice to Lessor prior to the relevant purchase date (each a "Purchase Option Date") with respect to the purchase options set forth in clauses (2) and (3), to terminate this Lease and to purchase the Aircraft:
(1) on the EBO Date, for a purchase price equal to the EBO Amount set forth on Exhibit D, it being understood that if such amount is to be paid in installments, Lessee will, upon payment of the first installment of the EBO Amount, on the EBO date, receive title to the Aircraft free and clear of all liens (other than the Lien of the Indenture if Lessee has elected to assume the Equipment Notes in accordance with Section 7(u) of the Participation Agreement);
(2) on the last Business Day of the Basic Term for a purchase price equal to the fair market sales value of the Aircraft on such date, provided, however, that in no event shall such purchase price exceed 50% of Lessor's Cost;
(3) on the last Business Day of any Renewal Term for a purchase price equal to the fair market sales value of the Aircraft on such date. Notwithstanding the foregoing but subject to the last sentence of this paragraph, the purchase price on any Purchase Option Date shall be sufficient, together with all other amounts payable simultaneously by Lessee, to pay in full the payments then required to be made on account of the principal amount of and accrued and unpaid interest on the Equipment Notes then outstanding. Upon payment to Lessor in immediately available funds in Dollars of the full amount of the purchase price and payment of any other amounts then due hereunder (including all Rent and all reasonable costs or expenses of the Owner Participant in connection with such purchase), Lessor will transfer to Lessee, without recourse or warranty (except as to the absences of Lessor Liens), all of Lessor's right, title and interest in and to the Aircraft. Notwithstanding the foregoing, Lessee may, in accordance with Section 7(u) of the Participation Agreement, assume the principal amount of the Equipment Notes then outstanding on any applicable Purchase Option Date in which event Lessee shall receive a credit against the purchase price otherwise payable pursuant to the preceding two sentences in an amount equal to the ...
Purchase Options. 3.1 Subject to and in accordance with the Purchase Options Procedures the Company will make available to Growers the Client’s Purchase Options at the Facilities
Purchase Options. Lessee shall have the option, upon at least ninety (90) days' irrevocable prior written notice to Lessor, to purchase the Aircraft on the last Business Day of the Basic Term or any Renewal Term for a purchase price equal to the lesser of (x) the fair market sales value of the Aircraft or (y) 50% of Lessor's Cost. Upon payment to Lessor in immediately available funds of the full amount of the purchase price and payment of any other amounts then due hereunder (including all Rent and all costs or expenses of the Owner Participant in connection with such purchase), Lessor will transfer to Lessee, without recourse or warranty (except as to the absence of Lessor Liens, including for this purpose Liens which would be Lessor Liens but for the proviso in the definition of Lessor Liens), all of Lessor's right, title and interest in and to the Aircraft.
Purchase Options. (a) In the event that a Purchase Option Event shall occur, Assignees shall have the right, but not the obligation (the "Assignees Option Repurchase"), exercisable from the date of the Purchase Option Event (whether or not Assignor gives notice thereof) through the date one hundred and eighty (180) days after its receipt of written notice from Assignor or Guilford of the Purchase Option Event (the "Purchase Option Exercise Period"), to require Assignor to repurchase from Assignees the Assigned Interests for a repurchase price equal to, if the Purchase Option Event occurs and such payment is made prior to the first anniversary of this Closing Date, $54.6 million, and if it occurs on or after the first anniversary of the Closing Date, the amount determined by reference to the date of payment by Assignor to Assignees in accordance with Schedule 5.07(a) (the "Assignees Option Repurchase Price"). In the event that Assignees elect to exercise their rights to require an Assignees Option Repurchase, then Assignor shall, within ten (10) days following Assignor's receipt of Assignees' repurchase election notice if the Assignees Option Repurchase is based on a Purchase Option Event described in clauses (iii), (iv), (v), (vi) or (vii) thereof and otherwise within fifteen (15) days following Assignor's receipt of Assignees' repurchase election notice (the "Assignees Option Repurchase Period"), repurchase from Assignees the Assigned Interests at the Assignees Option Repurchase Price, the payment of which shall be made by wire transfer, in immediately available funds, to Assignees' Account designated by Assignees in such election notice. Notwithstanding anything to the contrary contained herein, immediately upon the occurrence of a Bankruptcy Event or a Notice Event, the Assignees shall be deemed to have automatically and simultaneously elected to have the Assignor repurchase from the Assignees the Assigned Interests for the Assignees Option Repurchase Price and the Assignees Option Repurchase Price shall be immediately due and payable without any further action or notice by any party.
(i) In the event that an Assignor Option Event shall occur, Assignor shall have the option ("Assignor Option Repurchase"), exercisable within one hundred and eighty (180) days after the Assignor Option Event, to repurchase the Assigned Interests for a repurchase price ("Assignor Option Repurchase Price") equal to, if the Assignor Option Event occurs and such payment is made prior to the fir...
Purchase Options. With respect to any Portfolio Railcars that are subject to a purchase option granted to the Lessee under the relevant Lease, (i) such purchase option is exercisable by the applicable Lessee for a purchase price not less than (at the time of such purchase) the greater of (1) an appraiser’s estimate at Lease inception of fair market value at the time of potential exercise under the option provision, and (2) 105% of the product of the Railcar Advance Rate and the Adjusted Value of the Portfolio Railcars subject to such purchase option and (ii) the sum of (x) the aggregate Adjusted Values of all Portfolio Railcars subject to such Lease and all Portfolio Railcars subject to any other Lease containing a purchase option and (y) the aggregate sum of the Adjusted Values of all Portfolio Railcars that the Issuer has sold pursuant to Permitted Discretionary Sales or Purchase Option Dispositions, does not exceed 35% of the highest aggregate Adjusted Value of all Portfolio Railcars held by the Issuer at any particular time up to the date this representation is made or deemed made. Any such purchase option complying with each of the foregoing limitations described in clauses (i) and (ii) above is referred to herein and in the other Operative Agreements as a “Permitted Purchase Option.”
Purchase Options. Neither the Property nor any direct interest therein is subject to any purchase options, rights of first refusal, rights of first offer or other similar rights in favor of any Person except as set forth in the Joint Venture Agreement.
Purchase Options. 51 (c) Valuation.........................................................52
Purchase Options. (a) Prior to Closing, the Seller shall use commercially reasonable efforts to obtain the waivers of the Triggered Purchase Options and those Non-Triggered Purchase Options which are exercisable by the applicable tenant during the period prior to Closing. Seller shall keep Buyer reasonably apprised of the status of Seller’s efforts to obtain such waivers and shall provide Buyer with copies of all correspondence with the applicable tenants in connection therewith.
(b) If any Purchase Option is exercised by the applicable tenant and the closing contemplated pursuant to such Purchase Option is consummated on or prior to the Closing Date, Seller and Buyer shall have no further obligations hereunder with respect to the Acquired Property affected by such Triggered Purchase Option and the Initial Purchase Price shall be reduced by the Allocated Asset Value of such Acquired Property.
(c) If (i) any Triggered Purchase Option is not waived on or prior to Closing or (ii) any Purchase Option is exercised prior to Closing but the closing contemplated pursuant to such Purchase Option is scheduled after the Closing pursuant to the terms of the applicable Space Lease or purchase agreement executed by the parties in connection with such Purchase Option, the Acquired Property affected by such Purchase Option shall be deemed a Deferred Property pursuant to the terms of Section 13.1. At such time as the closing contemplated under such Purchase Option is consummated, Seller and Buyer shall have no further obligations hereunder with respect to such Acquired Property and Seller and Buyer shall direct Escrow Agent to return the Allocated Deposit and the Escrowed Deferred Consideration to Buyer. If (x) with respect to any Triggered Purchase Options, the applicable tenant waives or elects not to exercise (or is deemed to have waived or elected not to exercise) such Triggered Purchase Option following the Closing, or (y) with respect to any such Purchase Option the applicable tenant does exercise such Triggered Purchase Option but the closing contemplated pursuant to such Purchase Option is not consummated due to a default on the part of such tenant following the Closing, then in either case Seller shall notify Buyer of same within two (2) Business Days after such election (or deemed election) or failure to close, as applicable, in which case Buyer and Seller shall set the Deferred Closing Date with respect to the applicable Acquired Property, which Deferred Closing Date shall be wit...
