Common use of Refinancing During Lease Term Clause in Contracts

Refinancing During Lease Term. If Lessee determines that the Refinancing Option should be exercised, then it shall provide written notice thereof to Lessor not later than ninety (90) days prior to the Exercise Date, and any such notice shall be irrevocable. If Lessor receives such a notice from Lessee, it shall be obligated to exercise the Refinancing Option. Commencing on the date the Refinancing Option has been exercised and the associated debt has been repaid or refinanced (the "Refinancing Effective Date"), the Applicable Cost of Debt during the Lease Term shall be redetermined in accordance with Section 1.1(b), provided that for purposes of applying Section 1.1(b), the Refinancing Effective Date shall be used instead of the Lease Effective Date and Lessor shall not be obligated to provide for an additional Refinancing Option. Within sixty (60) days after the Refinancing Effective Date or as soon thereafter as is reasonable practicable, Lessor shall provide written notice to Lessee of all of the third-party costs and expenses incurred by or on behalf of Lessor in connection with the exercise of the Refinancing Option, including, without limitation, any breakage costs or make-whole amounts or other refinancing premiums and all legal, accounting and financial advisor fees and expenses associated therewith. Within thirty (30) days of receipt of such notice from Lessor, Lessee shall pay the aggregate amount of costs and expenses specified in such notice to or for the account of Lessor as Lessor shall direct in such notice in immediately available funds in Dollars.

Refinancing During Lease Term. If Lessee determines that the Refinancing Option should be exercised, then it shall provide written notice thereof to Lessor not later than ninety (90) days prior to the Exercise Date, and any such notice shall be irrevocable. If Lessor receives such a notice from Lessee, it shall be obligated to exercise the Refinancing Option. Commencing on the date the Refinancing Option has been exercised and the associated debt has been repaid or refinanced (the "“Refinancing Effective Date"”), the Applicable Cost of Debt during the Lease Term shall be redetermined in accordance with Section 1.1(b), provided that for purposes of applying Section 1.1(b), the Refinancing Effective Date shall be used instead of the Lease Effective Date and Lessor shall not be obligated to provide for an additional Refinancing Option. Within sixty (60) days after the Refinancing Effective Date or as soon thereafter as is reasonable practicable, Lessor shall provide written notice to Lessee of all of the third-party costs and expenses incurred by or on behalf of Lessor in connection with the exercise of the Refinancing Option, including, without limitation, any breakage costs or make-whole amounts or other refinancing premiums and all legal, accounting and financial advisor fees and TO THE FACILITY LEASE expenses associated therewith. Within thirty (30) days of receipt of such notice from Lessor, Lessee shall pay the aggregate amount of costs and expenses specified in such notice to or for the account of Lessor as Lessor shall direct in such notice in immediately available funds in Dollars.

Refinancing During Lease Term. If Lessee determines that the Refinancing Option should be exercised, then it shall provide written notice thereof to Lessor not later than ninety (90) days prior to the Exercise Date, and any such notice shall be irrevocable. If Lessor receives such a notice from Lessee, it shall be obligated to exercise the Refinancing Option. Commencing on the date the Refinancing Option has been exercised and the associated debt has been repaid or refinanced (the "“Refinancing Effective Date"”), the Applicable Cost of Debt during the Lease Term shall be redetermined in accordance with Section 1.1(b), provided that for purposes of applying Section 1.1(b), the Refinancing Effective Date shall be used instead of the Lease Effective Date and Lessor shall not be obligated to provide for an additional Refinancing Option. Within sixty (60) days after the Refinancing Effective Date or as soon thereafter as is reasonable practicable, Lessor shall provide written notice to Lessee of all of the third-party costs and expenses incurred by or on behalf of Lessor in connection with the exercise SCHEDULE 7.1 TO THE FACILITY LEASE of the Refinancing Option, including, without limitation, any breakage costs or make-whole amounts or other refinancing premiums and all legal, accounting and financial advisor fees and expenses associated therewith. Within thirty (30) days of receipt of such notice from Lessor, Lessee shall pay the aggregate amount of costs and expenses specified in such notice to or for the account of Lessor as Lessor shall direct in such notice in immediately available funds in Dollars.