Common use of Rents and Other Amounts Payable Clause in Contracts

Rents and Other Amounts Payable. (a) The Lessee shall make payments to the Trustee during the Agreement Term for the account of the Issuer in such amounts and at such times as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds. In any event each rental payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds and if at any time the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee shall forthwith pay any such deficiency. Anything herein to the contrary notwithstanding, any amount at any time deposited in the Bond Fund shall be credited against the next succeeding payment and shall reduce the payment to be made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for payment; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, and interest on the Bonds then remaining unpaid, the Lessee shall not be obligated to make any further payments under the provisions of this Section. The payments due and payable during the Extended Lease Term (as defined in Section 5.1 hereof) shall be $1.00 per year.

Rents and Other Amounts Payable. (a) The Lessee On December 1, 1993, and June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company shall make payments pay to the Trustee during the Agreement Term Trustee, for the account of the Issuer in Board, as rent for the Project, a sum of money equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any event event, on each rental date on which a payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and or interest is payable on the Bonds and Bonds, if at any time such date the balance amount of money available in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentCompany; and further, if if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and the interest on the all Bonds then remaining unpaid, the Lessee Company shall not be obligated to make any further rental payments under the provisions of this Section. The payments due Company agrees to pay to the Trustee until the principal of and payable during the Extended Lease Term interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6.

Rents and Other Amounts Payable. (a) The Lessee On March 1, 1998, and September 1 and March 1 in each year thereafter until payment in full of the Bonds, the Company shall make payments pay to the Trustee during the Agreement Term Trustee, for the account of the Issuer in Board, as rent for the Project, a sum of money equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any event event, on each rental date on which a payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and or interest is payable on the Bonds and Bonds, if at any time such date the balance amount of money available in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentCompany; and further, if if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and the interest on the all Bonds then remaining unpaid, the Lessee Company shall not be obligated to make any further rental payments under the provisions of this Section. The payments due Company agrees to pay to the Trustee until the principal of and payable during the Extended Lease Term interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6.

Rents and Other Amounts Payable. (a) The Subject to Section 208 of the Financing Agreement, on or before September 1, 2020, and on or before each March 1 and September 1 thereafter until Payment in Full of the Bonds, the Lessee shall make payments pay or cause to be paid to the Trustee during the Agreement Term Issuer as rents for the account of Project a sum equal to the Issuer in amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Financing Agreement. In any event each Each rental payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds such semiannual interest payment date, and if at any time semiannual interest payment date the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee shall forthwith pay any such deficiency. Anything herein to the contrary notwithstanding, any amount at any time deposited held by the Issuer in the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentLessee; and further, if the amount held by the Trustee Issuer in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and interest on the all Bonds then remaining unpaid, the Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The payments due and payable during Notwithstanding the Extended Lease Term (as defined foregoing or anything to the contrary contained herein or in Section 5.1 hereof) the Financing Agreement, while the Lessee is the sole Bondholder, payment shall be $1.00 made as set forth in the Direct Payment Agreement so long as it is in effect. If the Lessee should fail to make any of the payments required in this Section, the item or installment so in default shall continue as an obligation of the Lessee until the same shall have been fully paid, and the Lessee agrees to pay the same with interest thereon, to the extent legally enforceable, at the rate borne by the Bonds per yearannum until paid. The provisions of this Section shall be subject to the provisions of Section 9.6 hereof.

Rents and Other Amounts Payable. (a) The Subject to Section 208 of the Indenture and the Home Office Payment Agreement, by and among the Issuer, the Trustee and the Lessee, on or before January 1, , and on or before each January 1 and July 1 in each year thereafter until Payment in Full of the Bonds, the Lessee shall make payments pay or cause to be paid to the Trustee during the Agreement Term for the account of the Issuer in as rents for the Project a sum equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any event each Each rental payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds such semiannual interest payment date, and if at any time semiannual interest payment date the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee shall forthwith pay any such deficiency. The right of the Trustee, as assignee of the Issuer, shall be subject to the rights of a Lender under any Loan Documents. Anything herein to the contrary notwithstanding, any amount at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentLessee; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and interest on the all Bonds then remaining unpaid, the Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The payments due Lessee agrees to pay to the Trustee until Payment in Full of the Bonds (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and payable during its Ordinary Expenses incurred under the Extended Lease Term Indenture, (ii) the reasonable fees of Trustee’s counsel as provided herein and in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it as such terms are defined in the Indenture, as and when the same become due; provided, that the Lessee may, without creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such Extraordinary Services and Extraordinary Expenses. If the Lessee should fail to make any of the payments required in this Section, the item or installment so in default shall continue as an obligation of the Lessee until the same shall have been fully paid, and the Lessee agrees to pay the same with interest thereon, to the extent legally enforceable, at the Default Rate per annum until paid. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6 hereof.

Rents and Other Amounts Payable. (a) The Lessee On June 1, 1989, and -------------------------------- June 1 and December 1 in each year thereafter until payment in full of the Bonds, the Company shall make payments pay to the Trustee during the Agreement Term Trustee, for the account of the Issuer in Board, as rent for the Project, a sum of money equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any event event, on each rental date on which a payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and or interest is payable on the Bonds and Bonds, if at any time such date the balance amount of money available in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee Company shall forthwith pay to the Trustee, in immediately available funds, the amount of any such deficiency. Anything herein to the contrary notwithstanding, any amount of money at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding payment of rent and shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentCompany; and further, if if, and for so long as, the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and the interest on the all Bonds then remaining unpaid, the Lessee Company shall not be obligated to make any further rental payments under the provisions of this Section. The payments due Company agrees to pay to the Trustee until the principal of and payable during the Extended Lease Term interest on the Bonds shall have been paid in full (i) an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees and charges of the Trustee and any other paying agent for acting as paying agent and as bond registrar and the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred by it, as such terms are defined in the Indenture, as and when the same become due; provided, that the Company may, without precipitating an Event of Default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Company should fail to make any of the payments required in this Section, the item or installment which the Company has failed to make shall continue as an obligation of the Company until the same shall have been fully paid, and the Company agrees to pay the same (in the case of interest, to the extent permitted by law) with interest thereon at the rate per annum equal to one percent per annum over the applicable interest rate borne by the Bonds, calculated as described in the Indenture. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6.

Rents and Other Amounts Payable. (a) The Subject to Section 2.08 of the Original Indenture, on or before January 1 and July 1 in each year, commencing January 1, 2003, until Payment in Full of the Bonds, the Lessee shall make payments pay or cause to be paid to the Trustee during the Agreement Term for the account of the Issuer in as rentals for the Project a sum equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, including the Series 2000 Bonds, Series 2001 Bonds and the Series 2002 Bonds, as provided in the Indenture. In any event each Each rental payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds such semiannual interest payment date, and if at any time semiannual interest payment date the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee shall forthwith pay any such deficiency. Anything herein to the contrary notwithstanding, any amount at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentLessee; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and interest on the all Bonds then remaining unpaid, the Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Lessee agrees to pay to the Trustee until Payment in Full of the Bonds (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees of Trustee's Counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred under the Indenture, as and when the same become due; provided, that the Lessee may, without creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Lessee should fail to make any of the payments due required in this Section, the item or installment so in default shall continue as an obligation of the Lessee until the same shall have been fully paid, and payable during the Extended Lease Term (as defined in Lessee agrees to pay the same with interest thereon, to the extent legally enforceable, at the Default Rate per annum until paid. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6 of the Original Lease.

Rents and Other Amounts Payable. (a) The Subject to Section 208 of the Indenture, on or before January 1 and July 1 in each year, commencing January 1, 2010, until Payment in Full of the Bonds, the Lessee shall make payments pay or cause to be paid to the Trustee during the Agreement Term for the account of the Issuer in as rents for the Project a sum equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, as provided in the Indenture. In any event each rental payment Each Rental Payment under this Section 5.3 shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds such semiannual interest payment date, and if at any time semiannual interest payment date the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the Lessee shall forthwith pay any such deficiency. Notwithstanding anything to the contrary contained herein, if the Company is the lessee of the Project and is also the Bondholder, then the payment of Rental Payments under this Lease and the payment of the principal of and interest on such Bond shall be deemed to have been constructively made when due and shall be noted on the Schedule of Payment attached to the Bond. If the Company elects to terminate this Lease or elects to purchase the Project, and if the Bond has not theretofore been retired, the Company shall make a final payment of Rental Payments in an amount sufficient to retire the Bond and shall cause the Bond to be retired on the date the Term expires or the date this Lease is terminated or the date the purchase of the Project is closed, as applicable, provided that if the Company or an Affiliate of the Company is also the Holder of the Bond, then in lieu of such payment, such Bond shall be marked “canceled and paid” and shall be promptly surrendered by the Holder to the Registrar. Anything herein to the contrary notwithstanding, any amount at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the Lessee to the extent such amount is in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentLessee; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and interest on the all Bonds then remaining unpaid, the Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The Lessee agrees to pay to the Trustee until Payment in Full of the Bonds (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services of the Trustee rendered and its Ordinary Expenses incurred under the Indenture, (ii) the reasonable fees, costs and expenses of Trustee’s Counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services rendered by it and Extraordinary Expenses incurred under the Indenture, as and when the same become due; provided, that the Lessee may, without creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If the Lessee should fail to make any of the payments due required in this Section, the item or installment so in default shall continue as an obligation of the Lessee until the same shall have been fully paid, and payable during the Extended Lease Term (as defined in Lessee agrees to pay the same with interest thereon, to the extent legally enforceable, at the Default Rate per annum until paid. The provisions of this Section 5.1 hereof) 5.3 shall be $1.00 per yearsubject to the provisions of Section 9.5 hereof.

Rents and Other Amounts Payable. (a) The Subject to Section 2.08 of the Original Indenture, on or before January 1 and July 1 in each year, commencing January 1, 2005, until Payment in Full of the Bonds, each Lessee shall make payments pay or cause to be paid pro rata in accordance with its respective Leased Interest to the Trustee during the Agreement Term for the account of the Issuer in as rentals for the Project a sum equal to the amount payable on such amounts and at such times date as are sufficient to pay (i) the principal of and premium, if any, on the Bonds (whether due and payable at maturity or upon the redemption (in whole or in part) or acceleration of the Bonds) and (ii) accrued interest on the Bonds, including the Series 2003 Bonds, the Series 2004 Bonds and the Series 2005 Bonds, as provided in the Indenture. In any event each Each rental payment under this Section shall be sufficient to pay the total amount of the principal of, premium, if any, and interest payable on the Bonds such semiannual interest payment date, and if at any time semiannual interest payment date the balance in the Bond Fund is insufficient to make required payments of the principal of, premium, if any, and interest due on the Bonds on such date, the each Lessee shall forthwith pay any such deficiencydeficiency pro rata in accordance with its respective Leased Interest. Anything herein to the contrary notwithstanding, any amount at any time deposited held by the Trustee in the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the each Lessee to the extent such amount is pro rata in excess of the amount required for payment of the principal of and premium, if any, on Bonds theretofore called for redemption and past due interest in all cases where such Bonds have not been presented for paymentaccordance with its respective Leased Interest; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to pay at the times required the principal of, premium, if any, of and interest on the all Bonds then remaining unpaid, the neither Lessee shall not be obligated to make any further rental payments under the provisions of this Section. The payments due and payable during Each Lessee agrees to pay, pro rata in accordance with its respective Leased Interest, to the Extended Lease Term Trustee until Payment in Full of the Bonds (i) at least once a year an amount equal to the annual fee of the Trustee for the Ordinary Services (as defined in the Indenture) of the Trustee rendered and its Ordinary Expenses (as defined in the Indenture) incurred under the Indenture, (ii) the reasonable fees of Trustee's counsel as provided in the Indenture, as and when the same become due, and (iii) the reasonable fees and charges of the Trustee for Extraordinary Services (as defined in the Indenture) rendered by it and Extraordinary Expenses (as defined in the Indenture) incurred under the Indenture, as and when the same become due; provided, that either Lessee may, without creating a default hereunder, withhold such payment to contest in good faith the necessity for any such Extraordinary Services and Extraordinary Expenses and the reasonableness of any such fees, charges or expenses. If either Lessee should fail to make any of the payments required in this Section, the item or installment so in default shall continue as an obligation of such Lessee until the same shall have been fully paid, and such Lessee agrees to pay the same with interest thereon, to the extent legally enforceable, at the Default Rate per annum until paid. The provisions of this Section 5.1 hereof) shall be $1.00 per yearsubject to the provisions of Section 9.6 of the Original Lease.