Common use of Return of Leased Property Clause in Contracts

Return of Leased Property. If the Lessor retains title to any Leased ------------------------- Property pursuant to Section 5.8 hereof, then the Construction Agent shall, on ----------- the CDRO Closing Date for such Leased Property (or such later date on which the Lessor shall elect not to sell the Leased Property pursuant to Section 5.7), and ----------- at its own expense, return possession of such Leased Property to the Lessor for retention by the Lessor and shall do all things required under Section 5.6 or, ----------- if the Construction Agent properly exercises the Construction Default Remarketing Option and fulfills all of the conditions of Section 5.7 hereof and ----------- neither the Lessor nor the Agent rejects such purchase offer pursuant to Section ------- 5.7, then the Construction Agent shall, on such CDRO Closing Date, and at its --- own cost, transfer possession of the Leased Property to the independent purchaser thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser, as the case may be, free and clear of all Liens other than Lessor Liens, in as good condition as it was on the CDRO Notice Date, and in compliance in all material respects with Applicable Law and deliver to the independent purchaser thereof the documents described in clauses (i) through ----------- (iii) of Section 5.6(a). In the case of a sale under Section 5.7, the ----- -------------- ----------- Construction Agent shall, on and within a reasonable time before and after the CDRO Closing Date, cooperate with the Lessor and the independent purchaser of such Leased Property in order to facilitate the ownership and operation by such purchaser of such Leased Property after the CDRO Closing Date, which cooperation shall include the following, all of which the Construction Agent shall do on or before the CDRO Closing Date or as soon thereafter as is reasonably practicable: providing all books and records, including copies of all Construction Documents, regarding the construction, maintenance and ownership of such Leased Property and all know-how, data and technical information relating thereto, providing a copy of the Plans and Specifications, granting or assigning all permits and licenses (to the extent assignable) necessary for the construction, operation and maintenance of such Leased Property, and cooperating in seeking and obtaining all necessary Governmental Action and taking all action necessary to fully assign and transfer all of its rights, claims and causes of action under all of the Construction Documents (including, without limitation, obtaining all necessary consents to such assignments). The obligations of the Construction Agent under this Section 5.9 shall survive the expiration or termination of this ----------- Agreement.

Return of Leased Property. If the Lessor retains title to any Leased ------------------------- Property pursuant to Section 5.8 hereof, then the Construction Agent shall, on ----------- the CDRO Closing Date for such Leased Property (or such later date on which the Lessor shall elect not to sell the Leased Property pursuant to Section 5.7), and ----------- at its own expense, return possession of such Leased Property to the Lessor for retention by the Lessor and shall do all things required under Section 5.6 or, ----------- if the Construction Agent properly exercises the Construction Default Remarketing Option and fulfills all of the conditions of Section 5.7 hereof and ----------- neither the Lessor nor the Agent rejects such purchase offer pursuant to Section ------- 5.7, then the Construction Agent shall, on such CDRO Closing Date, and at its --- own cost, transfer possession of the Leased Property to the independent purchaser thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser, as the case may be, free and clear of all Liens other than Lessor LiensLiens and Permitted Liens described in clause (f) or (g) of the definition thereof, in as good condition as it was on the CDRO Notice Date, and in compliance in all material respects with Applicable Law and deliver to the independent purchaser thereof the documents described in clauses (i) through ----------- (iii) of Section 5.6(a). In the case of a sale under Section 5.7, the ----- -------------- ----------- Construction Agent shall, on and within a reasonable time before and after the CDRO Closing Date, cooperate with the Lessor and the independent purchaser of such Leased Property in order to facilitate the ownership and operation by such purchaser of such Leased Property after the CDRO Closing Date, which cooperation shall include the following, all of which the Construction Agent shall do on or before the CDRO Closing Date or as soon thereafter as is reasonably practicable: providing all books and records, including copies of all Construction Documents, regarding the construction, maintenance and ownership of such Leased Property and all non-proprietary know-how, data and technical information relating thereto, providing a copy of the Plans and Specifications, granting or assigning all permits and licenses (to the extent assignable) necessary for the construction, operation and maintenance of such Leased Property, and cooperating in seeking and obtaining all necessary Governmental Action and taking all action necessary to fully assign and transfer all of its rights, claims and causes of action under all of the Construction Documents (including, without limitation, obtaining all necessary consents to such assignments). The obligations of the Construction Agent under this Section 5.9 shall survive the expiration or termination of this ----------- Agreement.

Return of Leased Property. If the Lessor retains title to any Leased ------------------------- Property pursuant to Section 5.8 hereof, then the Construction Agent shall, on ----------- the CDRO Closing Date for such Leased Property (or such later date on which the Lessor shall elect not to sell the Leased Property pursuant to Section 5.7), and ----------- at its own expense, return possession of such Leased Property to the Lessor for retention by the Lessor and shall do all things required under Section 5.6 or, ----------- if the Construction Agent properly exercises the Construction Default Remarketing Option and fulfills all of the conditions of Section 5.7 hereof and ----------- neither the Lessor nor the Agent rejects such purchase offer pursuant to Section ------- 5.7, then the Construction Agent shall, on such CDRO Closing Date, and at its --- own cost, transfer possession of the Leased Property to the independent purchaser thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser, as the case may be, free and clear of all Liens other than Lessor Liens, in as good condition as it was on the CDRO Notice Date, and in compliance in all material respects with Applicable Law and deliver to the independent purchaser thereof the documents described in clauses (i) through ----------- (iii) of Section 5.6(a). In the case of a sale under Section 5.7, the ----- -------------- ----------- Construction Agent shall, on and within a reasonable time before and after the CDRO Closing Date, cooperate with the Lessor and the independent purchaser of such Leased Property in order to facilitate the ownership and operation by such purchaser of such Leased Property after the CDRO Closing Date, which cooperation shall include the following, all of which the Construction Agent shall do on or before the CDRO Closing Date or as soon thereafter as is reasonably practicable: providing all books and records, including copies of all Construction Documents, regarding the construction, maintenance and ownership of such Leased Property and all know-how, data and technical information relating thereto, providing a copy of the Plans and Specifications, granting or assigning all permits and licenses (to the extent assignable) necessary for the construction, operation and maintenance of such Leased Property, and cooperating in seeking and obtaining all necessary Governmental Action and taking all action necessary to fully assign and transfer all of its rights, claims and causes of action under all of the Construction Documents (including, without limitation, obtaining all necessary consents to such assignments). The obligations of the Construction Agent under this Section ------- 5.9 shall survive the expiration or termination of this ----------- Agreement.. ---

Return of Leased Property. If the Lessor retains title to any Leased ------------------------- Property pursuant to Section 5.8 hereof, then the Construction Agent shall, on ----------- the CDRO Closing Date for such Leased Property (or such later date on which the Lessor shall elect not to sell the Leased Property pursuant to Section 5.7), and ----------- at its own expense, return possession of such Leased Property to the Lessor for retention by the Lessor and shall do all things required under Section 5.6 or, ----------- if the Construction Agent properly exercises the Construction Default Remarketing Option and fulfills all of the conditions of Section 5.7 hereof and ----------- neither the Lessor nor the Agent rejects such purchase offer pursuant to Section ------- 5.7, then the Construction Agent shall, on such CDRO Closing Date, and at its --- own cost, transfer possession of the Leased Property to the independent purchaser thereof, in each case by surrendering the same into the possession of the Lessor or such purchaser, as the case may be, free and clear of all Liens other than Lessor Liens, in as good condition as it was on the CDRO Notice Date, and in compliance in all material respects with Applicable Law and deliver to the independent purchaser thereof the documents described in clauses (i) through ----------- (iii) of Section 5.6(a). In the case of a sale under Section 5.7, the ----- -------------- ----------- Construction Agent shall, on and within a reasonable time before and after the CDRO Closing Date, cooperate with the Lessor and the independent purchaser of such Leased Property in order to facilitate the ownership and operation by such purchaser of such Leased Property after the CDRO Closing Date, which cooperation shall include the following, all of which the Construction Agent shall do on or before the CDRO Closing Date or as soon thereafter as is reasonably practicable: providing all books and records, including copies of all Construction Documents, regarding the construction, maintenance and ownership of such Leased Property and all know-how, data and technical information relating thereto, providing a copy of the Plans and Specifications, granting or assigning all permits and licenses (to the extent assignable) necessary for the construction, operation and maintenance of such Leased Property, and cooperating in seeking and obtaining all necessary Governmental Action and taking all action necessary to fully assign and transfer all of its rights, claims and causes of action under all of the Construction Documents (including, without limitation, obtaining all necessary consents to such assignments). The obligations of the Construction Agent under this Section 5.9 shall survive the expiration or termination of this ----------- Agreement.