Common use of Sale of Equipment to Third Party Buyer Clause in Contracts

Sale of Equipment to Third Party Buyer. On the Termination Date, provided that all the conditions set forth in Section 25.3.1 and in clauses (a) and (b) below have been met, Corporate Obligee shall sell (or cause to be sold) all Items of Equipment, for cash to the bidder, if any, who shall have submitted the highest bid during the Remarketing Period on an as‑is, where‑is basis and without recourse or warranty, and upon receipt by Corporate Obligee of the sales price, Corporate Obligee shall instruct Obligor to deliver and Obligor shall deliver the Equipment to such bidder; provided, that (a) any such sale to a third party shall be consummated, and the sales price for the Equipment shall have been paid to Corporate Obligee in immediately available funds, on or before the Termination Date; and (b) Corporate Obligee shall not be obligated to sell such Equipment (i) if the Net Proceeds of Sale of all of the Equipment are less than the aggregate Maximum Corporate Obligee Risk Amount applicable to all of the Equipment as of the Termination Date, or (ii) if Corporate Obligee has not received the amounts, if any, payable by Obligor pursuant to Section 26.1.

Appears in 1 contract

Samples: Equipment Leasing Agreement (Harman International Industries Inc /De/)

AutoNDA by SimpleDocs

Sale of Equipment to Third Party Buyer. On the Termination DateDate of each Item of Equipment, provided that all the conditions set forth in Section 25.3.1 and in clauses (a) and (b) below hereof have been met, Corporate Obligee Lessor shall sell (or cause to be sold) all Items of EquipmentEquipment then subject to this Lease whose Term is then expiring, for cash to the bidder, if any, who shall have submitted the highest bid during the Remarketing Period on an as‑isas-is, where‑is where-is basis and without recourse or warranty, and upon receipt by Corporate Obligee Lessor of the sales price, Corporate Obligee Lessor shall instruct Obligor Lessee to deliver and Obligor Lessee shall deliver the such Item(s) of Equipment to such bidder; provided, that (ax) any such sale to a third party shall be consummated, and the sales price for the Equipment such Item shall have been be paid to Corporate Obligee Lessor in immediately available funds, on or before the Termination Date; and (by) Corporate Obligee Lessor shall not be obligated to sell such Equipment (iI) if the Net Proceeds of Sale of all of the Equipment such Item(s) are less than the aggregate Maximum Corporate Obligee Lessor Risk Amount applicable to all of the Equipment such Item(s) as of the Termination DateDate of such Item(s), or (iiII) if Corporate Obligee Lessor has not received the amounts, if any, payable by Obligor Lessee pursuant to Section 26.129(a) and, if applicable, Section 29(c).

Appears in 1 contract

Samples: Equipment Leasing Agreement (Playtex Products Inc)

Sale of Equipment to Third Party Buyer. On the Termination Date, provided that all the conditions set forth in Section 25.3.1 and in clauses (a) and (b) below have been met, Corporate Obligee shall sell (or cause to be sold) all Items of Equipment, for cash to the bidder, if any, who shall have submitted the highest bid during the Remarketing Period on an as‑isas-is, where‑is where-is basis and without recourse or warranty, and upon receipt by Corporate Obligee of the sales price, Corporate Obligee shall instruct Obligor to deliver and Obligor shall deliver the Equipment to such bidder; provided, that (a) any such sale to a third party shall be consummated, and the sales price for the Equipment shall have been paid to Corporate Obligee in immediately available funds, on or before the Termination Date; and (b) Corporate Obligee shall not be obligated to sell such Equipment (i) if the Net Proceeds of Sale of all of the Equipment are less than the aggregate Maximum Corporate Obligee Risk Amount applicable to all of the Equipment as of the Termination Date, or (ii) if Corporate Obligee has not received the amounts, if any, payable by Obligor pursuant to Section 26.1.

Appears in 1 contract

Samples: Equipment Financing Agreement (Harman International Industries Inc /De/)

AutoNDA by SimpleDocs

Sale of Equipment to Third Party Buyer. On the Termination Date, provided that all the conditions set forth in Section 25.3.1 and in clauses (a) and (b) below have been met, Corporate Obligee shall sell (or cause to be sold) all Items of Equipment, for cash to the bidder, if any, who shall have submitted the highest bid during the Remarketing Period on an as‑isas-is, where‑is where-is basis and without recourse or warranty, and upon receipt by Corporate Obligee of the sales price, Corporate Obligee shall instruct Obligor to deliver and Obligor shall deliver the Equipment to such bidder; provided, that (a) any such sale to a third party shall be consummated, and the sales price for the Equipment shall have been paid to Corporate Obligee in immediately available funds, on or before the Termination Date; and (b) Corporate Obligee shall not be obligated to sell such Equipment (i) if the Net Proceeds of Sale of all of the Equipment are less than the aggregate Maximum Corporate Obligee Risk Amount applicable to all of the Equipment as of the Termination Date, or (ii) if Corporate Obligee has not received the amounts, if any, payable by Obligor pursuant to Section 26.1.

Appears in 1 contract

Samples: Equipment Leasing Agreement (Harman International Industries Inc /De/)

Time is Money Join Law Insider Premium to draft better contracts faster.