Term Out Period Sample Clauses

Term Out Period. Subject to the terms and conditions of this Side ---------------- Letter, Lessee and Lessor have agreed to a▇▇▇▇ the Basic Rent due from Lessee to Lessor for the period commencing on January 6, 2002 and ending August 6, 2002 ("TERM-OUT PERIOD"), and in its place, Lessee will pay the following ---------------- amounts to Lessor (collectively, the "TERM-OUT PAYMENTS"): ------------------ DUE DATE TERM-OUT PAYMENT ======================== ================ January 6, 2002 US$25,000 ======================== ================ February 6, 2002 US$30,000 ------------------------ ---------------- March 6, 2002 US$35,000 ------------------------ ---------------- April 6, 2002 US$70,000 ------------------------ ---------------- May 6, 2002 US$75,000 ------------------------ ---------------- June 6, 2002 US$93,000 ------------------------ ---------------- July 6, 2002 US$93,000 ------------------------ ---------------- August 6, 2002 US$94,417 ------------------------ ---------------- TOTAL TERM-OUT PAYMENTS: US$515,417 ------------------------ ----------------

Term Out Period. (i) Provided all of the Term Out Period Conditions are satisfied, Seller shall have the option to extend the Repurchase Date for all outstanding Transactions as of the Availability Period Expiration Date to be the date that is two (2) Business Days prior to the latest occurring maturity date of the remaining Purchased Assets subject to Transactions hereunder as of the date of the Availability Period Expiration Date being extended pursuant to this Article 3(l) (the “Term Out Period”); provided that, per the definition “Repurchase Price”, settlement of the Repurchase Price for each Term Out Asset shall not be required until the maturity date of such Purchased Asset. (ii) For purposes of this Article 3(l), the “Term Out Period Conditions” shall be deemed to have been satisfied if: (A) Seller shall have given Buyer written notice, not less than thirty (30) days and no more than ninety (90) days, prior to the Availability Period Expiration Date, of Seller’s desire to enter the Term Out Period; (B) no Margin Deficit, monetary Potential Event of Default, material non-monetary Potential Event of Default, or Event of Default under this Agreement shall have occurred and be continuing as of the Availability Period Expiration Date; (C) the representations and warranties made by the Seller Parties in any of the Transaction Documents shall be true and correct in all respects as of the Availability Period Expiration Date; (D) B▇▇▇▇ and Seller shall have executed amended Confirmations for the Term Out Assets; (E) Seller shall have paid the Term Out Period Fee then due and payable to Buyer; and (F) if there remains only one (1) Purchased Asset subject to Transactions prior to the commencement of the Term Out Period, Seller shall have either (i) paid to Buyer an amount necessary to cause the Advance Rate of such Purchased Asset to be reduced to fifty percent (50%) or (ii) amended the Guaranty Agreement to increase the maximum recourse of the Guarantor by an amount equal to such payment that would otherwise be due pursuant to clause (i).

Term Out Period. (i) The Facility Termination Date shall be that date that is the day preceding the date that is 18 months after the Term Out Date. (ii) From and after three (3) calendar months after the Term Out Date, the Aggregate Commitment (and each Bank's Commitment) in effect as of the Term Out Date shall be reduced on the first day after the end of each three-month period by a percentage of such Aggregate Commitment amount (or such Bank's Commitment amount) as follows: Percentage Percentage of Commitment of Commitment Period Reduction Remaining ------ ------------- ------------- 3 calendar months after Term Out Date 16.666% 83.334% 6 calendar months after Term Out Date 16.667% 66.667% 9 calendar months after Term Out Date 16.667% 50.000% 12 calendar months after Term Out Date 16.666% 33.334% 15 calendar months after Term Out Date 16.667% 16.667% 18 calendar months after Term Out Date 16.667% 0%

Term Out Period. From and after one (1) calendar quarter after the Term-Out Date, the Aggregate Commitment (and each Lender’s Commitment) in effect as of the Term-Out Date shall be reduced on the first day after the end of each calendar quarter period by a percentage of such Aggregate Commitment amount (or such Lender’s Commitment amount) as follows: The commencement of the Term-Out Period shall not extend the Facility Termination Date for any Lender, and the Aggregate Commitment shall be reduced, irrespective of the Term-Out Period, on the Facility Termination Date for the Non-Extending Lenders.

Term Out Period. From and after one (1) calendar quarter after the Term-Out Date, the Aggregate Commitment (and each Lender’s Commitment) in effect as of the Term-Out Date shall be reduced on the first day after the end of each calendar quarter period by a percentage of such Aggregate Commitment amount (or such Lender’s Commitment amount) as follows: One calendar quarter after Term-Out Date 16.666% 83.334% Two calendar quarters after Term-Out Date 16.667% 66.667% Three calendar quarters after Term-Out Date 16.667% 50.000% Four calendar quarters after Term-Out Date 16.666% 33.334% Five calendar quarters after Term-Out Date 16.667% 16.667% Six calendar quarters after Term-Out Date 16.667% 0% 4887-5363-3879v24887-5363-3879v.5 The commencement of the Term-Out Period shall not extend the Facility Termination Date for any Lender, and the Aggregate Commitment shall be reduced, irrespective of the Term-Out Period, on the Facility Termination Date for the Non-Extending Lenders.

Term Out Period. Seller shall have the option exercisable by written notice to Purchaser delivered no later than thirty (30) days, but not more than ninety (90) days, prior to the Stated Termination Date, to extend the Stated Termination Date for a period not to exceed the Term Out Period, which extension shall be conditioned upon (i) no Default or Event of Default or unsatisfied Margin Deficit under this Agreement shall have occurred and be continuing, (ii) all representations and warranties made by any Seller Party in the Transaction Documents shall be true and correct in all material respects (other than any representations and warranties in Article 10(w) and Exhibit V which Seller made without knowledge that any such representation or warranty was materially false or misleading at the time made to Purchaser) and (iii) Seller shall have paid to Purchaser the Term Out Period Fee; provided that (x) to the extent that any such representation or warranty relates to a specific date, they shall be true and correct as of such specific date and (y) any such representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects after giving effect to any such materiality qualification therein and (iii) at the commencement of the Term Out Period, three (3) or more Purchased Assets shall be subject to Transactions. Seller shall not be permitted to enter into any new Transactions during the Term Out Period.

Term Out Period. The period from the Commitment Termination Date to the date falling four years from such date.

Term Out Period. From and after three (3) calendar months after the Term Out Date, the Aggregate Commitment (and each Lender's Commitment) in effect as of the Term Out Date shall be reduced on the first day after the end of each three-month period by a percentage of such Aggregate Commitment amount (or such Lender's Commitment amount) as follows: Percentage Percentage of Commitment of Commitment Period Reduction Remaining ------------------------ ------------- ------------- 3 calendar months after Term Out Date 16.666% 83.334% 6 calendar months after Term Out Date 16.667% 66.667% 9 calendar months after Term Out Date 16.667% 50.000% 12 calendar months after Term Out Date 16.666% 33.334% 15 calendar months after Term Out Date 16.667% 16.667% 18 calendar months after Term Out Date 16.667% 0% The commencement of the Term Out Period shall not extend the Facility Termination Date.

Term Out Period. Borrower and Lender agree that at maturity any outstanding balance on the non-revolving line of credit shall be converted to a term loan for 36 months with a rate of Wall Street Journal Prime plus 3% floating on the full amount or Wall Street Journal Prime plus 3% fixed on the full amount for the first year, 2% for the second year, or a 1% prepayment penaly for the third year. PAYMENT ON DEMAND. Borrower will pay this loan on demand, if no demand is made, in one payment of all outstanding principal plus all accrued interest unpaid on February 15, 2001. ADDENDUM "A". An exhibit, tilled "Addendum "A"," is attached to this Note and by this reference is made a part of this Note just as If all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note.