Common use of Return Conditions Clause in Contracts

Return Conditions. Upon the election of the Lessee to terminate this Lease pursuant to Section 3.03(a)(ii), or upon other termination of this Lease, provided that the Lessee or its designee does not purchase the Property, the Lessee shall provide, or cause to be provided or accomplished, at the sole cost and expense of the Lessee, to or for the benefit of the Lessor and the holders of the Instruments, at least thirty (30) days but not more than sixty (60) days prior to the Expiration Date or date of such other termination of this Lease each of the following (collectively, the "Return Conditions"): (i) To the extent that the Property includes Real Property, receipt by the Agent of an environmental audit, performed by environmental consultants selected by the Lessor, satisfactory in scope and content to the Agent, the Lessor, the Collateral Agent, each Certificate Holder and each B-Note Holder, in each case, in their reasonable discretion to the effect that (A) such Property is in compliance with all applicable Environmental Laws, (B) such Property is free from all Hazardous Materials, the presence of which could have a Material Adverse Effect on the Property and (C) there is no pending or threatened litigation, investigation or other legal proceeding that could result in any liability to any B-Note Holder, Certificate Holder, the Agent or the Lessor. (ii) Receipt by the Agent of a report of the Appraiser and/or the Independent Engineer, satisfactory in scope and content to the Lessor, the Agent, the Certificate Holders and the B-Note Holders, in each case, in their reasonable discretion, to the effect that (A) the Projects have been constructed and maintained in accordance with the terms and conditions of this Lease and the other Operative Documents and the requirements of all Legal Requirements, Permits, Consents and prudent industry standards; (B) all mechanical, electrical, security, plumbing, fire safety, telecommunications, structural and other systems in or constituting part of the Projects are operating properly in accordance with standards and specifications for such systems not less than those in effect on the commencement of the Term, (and such other standards and specifications as may be required by applicable Legal Requirements); and (C) no Condemnation or Casualty or Environmental Trigger has occurred which has not been remedied in accordance with the terms of the Operative Documents. (iii) Receipt by the Agent of evidence satisfactory to the Agent, the Lessor, the Certificate Holders and the B-Note Holders, in each case, in their sole discretion, that the Lessee is, and (as of the Expiration Date or

Return Conditions. Upon the election of the Lessee to terminate this Lease pursuant to Section 3.03(a)(ii), or upon other termination of this Lease, provided that the Lessee or its designee does not purchase the PropertyLessor's interest in the Properties, the Lessee shall provide, or cause to be provided or accomplished, at the sole cost and expense of the Lessee, to or for the benefit of the Lessor and the holders Holders of the Instruments, at least thirty (30) days but not more than sixty (60) days prior to the Expiration Date or date of such other termination of this Lease each of the following (collectively, the "Return Conditions"): (i) To a copy of the extent that the Property includes Real Property, receipt by the Agent of an environmental audit, performed by environmental consultants selected by the LessorEnvironmental Consultant's report, satisfactory in scope form and content substance to the Agent, the Lessor, the Collateral Agent, each Certificate Holder Holders and each the B-Note HolderHolders, in each case, in their reasonable discretion discretion, to the effect that tha t, among other things, (A) such each Property is in compliance with all applicable Environmental Laws, Laws (irrespective of whether the deadline for such compliance would otherwise LEASE Proprietary & Confidential expire after the Expiration Date) as determined by the Environmental Consultant and Special Counsel selected by the Agent; (B) such each Property is free from all Hazardous Materials, the presence of which Materials except those that are present in amounts or concentrations that could have not reasonably be anticipated to give rise to a Material Adverse Effect on the Property material liability for a removal or remediation and (C) there is no pending or overtly threatened litigation, investigation or other legal proceeding of any kind that could result in any liability under applicable Environmental Laws to any B-Note Holder, any Certificate Holder, the Agent or the Lessor.Lessor or in the imposition of any Lien on any Property; (ii) Receipt by the Agent of a report of the Appraiser and/or or Independent Engineer chosen by the Independent EngineerLessor, satisfactory in scope and content to the Lessor, the Agent, the Certificate B-Note Holders and the B-Note Certificate Holders, in each case, in their reasonable discretion, to the effect that (A) the Projects have each Property has been constructed and maintained in accordance with the terms and conditions of this Lease and the other Operative Documents and the requirements of all Legal Requirements, Permits, Consents Applicable Permits and prudent industry standards; (B) all mechanical, electrical, security, plumbing, fire safety, telecommunications, structural and other systems in or constituting part of the Projects are operating properly in accordance with standards and specifications for such systems not less than those in effect on the commencement of the Term, (and such other standards and specifications as may be required by applicable Legal Requirements); and (C) no Condemnation or Casualty or Environmental Trigger has occurred which has not been remedied in accordance with the terms of the Operative Documents. (iii) Receipt by the Agent of evidence satisfactory to the Agent, the Lessor, the Certificate Holders and the B-Note Holders, in each case, in their sole discretion, that the Lessee is, and (as of the Expiration Date or;

Return Conditions. (a) Upon the election expiration or earlier termination of the Lessee to terminate this Lease pursuant to Section 3.03(a)(ii), or upon other termination Term of this Lease, provided that Lessee shall, unless Lessee has paid Termination Value and other amounts with respect thereto pursuant to Section 17.2(c) of or has timely exercised its purchase option with respect thereto pursuant to Section 17.1 hereof, at its own expense, return all Units of Equipment to Lessor. Upon the Lessee or its designee does not purchase the Propertyreturn of such Equipment, the Lessee shall provide, or cause to be provided or accomplished, at the sole its own cost and expense have taken all necessary action to assure that each Unit of the Lessee, to or for the benefit of the Lessor and the holders of the Instruments, at least thirty (30) days but not more than sixty (60) days prior to the Expiration Date or date of such other termination of this Lease each of the following (collectively, the "Return Conditions"): Equipment shall: (i) To be in the extent that same condition as when delivered to Lessee hereunder, ordinary wear and tear resulting from proper use thereof excepted, (ii) be in such operating condition as is capable of the Property includes Real PropertyUnit performing at its originally intended use, receipt by (iii) have been used, operated, serviced and repaired in accordance with, and otherwise complying with, Article VIII hereof, (iv) be free and clear of all Liens whatsoever except Permitted Equipment Liens; (v) meet the Agent standards (including all safety and environmental standards) then in effect for equipment of an environmental auditthe same type and age as the Equipment, performed by environmental consultants selected by (vi) have attached or affixed thereto, all parts to which Lessor has title hereunder and have removed therefrom all parts and property to which Lessee has title thereto (unless Lessor has exercised its option to purchase the Lessor, satisfactory in scope and content same pursuant to the Agentterms hereof), (vii) be capable of performing the functions for which it was designed, with necessary certifications - in full force and effect, (viii) at Lessor's election, either (x) be returned empty but suitable for transporting the Collateral Agentcommodity last carried or (y) be cleaned in such manner as to be suitable for human entry and inspection, each Certificate Holder and each B-Note Holder, in each case, in their reasonable discretion to the effect that (Aix) such Property is be in compliance with all applicable Environmental Applicable Laws, (Bx) such Property is be free from all Hazardous Materialsof any marks, the presence of which could have a Material Adverse Effect on the Property special paint or insignia, other than those required by Section 4.2 hereof and (Cxi) there is no pending or threatened litigation, investigation or other legal proceeding that could result in any liability to any B-Note Holder, Certificate Holder, the Agent or the Lessor. (ii) Receipt by the Agent of event be in a report of the Appraiser and/or the Independent Engineer, satisfactory condition in scope and content to the Lessor, the Agent, the Certificate Holders and the B-Note Holders, in each case, in their reasonable discretion, to the effect that (A) the Projects have been constructed and maintained in accordance compliance with the terms and conditions all provisions of this Lease and the other Operative Documents and the any requirements of all Legal Requirements, Permits, Consents and prudent industry standards; (B) all mechanical, electrical, security, plumbing, fire safety, telecommunications, structural and other systems in or constituting part of the Projects are operating properly in accordance with standards and specifications specified for such systems not less than those Unit in effect on the commencement of the Term, (and Lease Supplement applicable to such other standards and specifications as may be required by applicable Legal Requirements); and (C) no Condemnation or Casualty or Environmental Trigger has occurred which has not been remedied in accordance with the terms of the Operative DocumentsUnit. (iii) Receipt by the Agent of evidence satisfactory to the Agent, the Lessor, the Certificate Holders and the B-Note Holders, in each case, in their sole discretion, that the Lessee is, and (as of the Expiration Date or