Upgrades and Additions. TSFC may, from time to time, agree with a Lessee under a Lease that the Equipment subject to such Lease shall be upgraded or that additional Eligible Equipment should be added to such Lease. If TSFC and such Lessee amend such Lease to increase the Rent payable thereunder in consideration of such upgrade or addition, SPE may request that Lender finance the additional Lease Proceeds arising under such amendment ( the "Lease Amendment") attributable to such increase in Rent. Not later than ten (10) Business Days after such request, Lender shall give SPE written advice as to whether Lender, in its sole discretion, has elected to finance such additional Lease Proceeds. If Lender fails to give such advice within such ten (10) day period, Lender shall be deemed to have declined to finance such additional Lease Proceeds and shall so advise SPE in writing. If Lender agrees to finance such additional Lease Proceeds, Lender shall, subject to satisfaction of the conditions precedent set forth in Sections 4 and 5, make a Discount Facility Loan in an amount equal to the aggregate increase in Rent effected by the Lease Amendment which remains unpaid as of the applicable Closing Date, but excluding any such increase in Rent which is past due, discounted at the Discount Facility Rate determined on the applicable Closing Date. The Closing Date with respect to such Discount Facility Loan shall be a date agreed upon in writing by Lender and SPE. If Lender agrees to make such a Discount Facility Loan, the Lease Amendment shall be considered a "Lease" for all purposes of this Agreement (including, without limitation, Section 5). If SPE finances such upgrades or additions through a source other than Lender and does not prepay in accordance with Section 3.6, SPE agrees that any security interest granted to a source other than Lender shall not conflict with Lender's security interest.
Upgrades and Additions. Customer may affix or install any accessory, addition, upgrade, equipment or device to or on the RagingWire Supplied Equipment (other than electronic data) ("Additions"), provided that such Additions (i) can be removed without causing damage to the RagingWire Supplied Equipment; (ii) do not reduce the value of the RagingWire Supplied Equipment; (iii) are obtained from or approved in writing by RagingWire prior to affixing or installing such Additions to or on the RagingWire Supplied Equipment, and (iv) are not subject to the interest of any third party. No Additions shall be installed without RagingWire's prior written consent. At the end of the Initial Term, or Renewal Term (if applicable), Customer shall, at RagingWire's sole election, remove any Additions which (i) were not provided by RagingWire, and (ii) are readily removable without causing material damage or impairment of the intended function, use, or value of the RagingWire Supplied Equipment, and Customer shall restore the RagingWire Supplied Equipment to its original configuration. Any Additions, which are not readily removable, shall become the property of RagingWire, lien free and at no cost to RagingWire.
Upgrades and Additions. Borrower may agree with an End-User under a Facility Contract that the Equipment subject to such Contract shall be upgraded or that additional Eligible Equipment should be added, resulting in a new Facility Contract or replacement Facility Contract. If Borrower and such End-User amend such Facility Contract to increase the payments payable thereunder in consideration of such upgrade or addition, Borrower shall prepay the obligations relating to the Facility Contract. Borrower may request that Lender finance the amended Contract as a new Facility Contract , subject to the terms outlined herein.
Upgrades and Additions. Lessee may affix or install any accessory, addition, upgrade, equipment or device on the Product ("Additions") provided that such Additions (i) can be removed without causing material damage to the Product, (ii) do not reduce the value of the Product and (iii) are obtained from or approved by Sun Microsystems Computer Corporation and are not subject to the interest of any third party other than Lessor. Any other Additions may not be installed without Lessor's prior written consent. At the end of the Schedule Term, Lessee shall remove any Additions which (i) were not leased by Lessor and (ii) are readily removable without causing material damage or impairment of the intended function, use, or value of the Product and restore the Product to its original configuration. Any Additions which are not so removable will become the Lessor's property (lien free).
Upgrades and Additions i. The ordering activity may affix or install any accessory, addition, upgrade, product or device on the product ("additions") provided that such additions:
1. can be removed without causing material damage to the product;
2. do not reduce the value of the product; and
3. are obtained from or approved by the Contractor and are not subject to the interest of any third party other than the Contractor.
ii. Any other additions may not be installed without the Contractor's prior written consent. At the end of the lease term, the ordering activity shall remove any additions which:
1. Were not leased from the Contractor, and
2. Are readily removable without causing material damage or impairment of the intended function, use, or value of the product, and restore the product to its original configuration.
iii. Any additions that are not so removable will become the Contractor's property (lien free).
iv. Leases of additions and upgrades must be co-terminus with that of the product.
Upgrades and Additions. Additions, modifications, alterations and upgrades to the Equipment shall be conducted only as described in “Improvements” on Exhibit A, and each shall be conducted only with the consent of and by Manufacturer, not to be unreasonably withheld or delayed. In consideration of Lessee’s lease of the Equipment, Manufacturer agrees to offer Lessee, at a price and upon terms to be negotiated between the parties but at a discount from prices offered to the rest of the meat packing industry, all improvements made by Manufacturer to substantially similar Equipment sold or licensed by Manufacturer during the term of this Agreement. All additions, modifications, alterations and upgrades to the Equipment and to Manufacturer Confidential Information shall be handled pursuant to Article 7 of the Development Agreement.
Upgrades and Additions. Lessee may affix or install any accessory, addition, upgrade, equipment or device on the Product (“Additions”) provided that such Additions (i) can be removed without causing material damage to the Product, (ii) do not reduce the value of the Product, (iii) do not interfere with the normal and satisfactory operation or maintenance of the Equipment or with Lessee’s ability to obtain a maintenance contract required by Section 5, and (iv) are not subject to the interest of any third party other than Lessor. Any other Additions may not be installed without Lessor’s prior written consent. At the end of the Lease Term, Lessee shall remove any Additions which (i) were not leased by Lessor and (ii) are readily removable without causing material damage or impairment of the intended function, use, or value of the Product and restore the Product to its original configuration. Any Additions, which are not so removable, will become the Lessor’s property (lien free).
Upgrades and Additions. Borrower may agree with an End-User under a Facility Contract that the Equipment subject to such Contract shall be upgraded or that additional Eligible Equipment should be added, resulting in a new Facility Contract or replacement Facility Contract.
Upgrades and Additions. Lessee may affix or install any accessory, addition, upgrade, equipment or device on the Product (“Additions”) provided that such Additions (i) can be removed without causing material damage to the Product, (ii) do not reduce the value of the Product, (iii) are obtained from or approved by Sun Microsystems, Inc. or an affiliate, and (iv) are not subject to the interest of any third party other than Lessor. Any other Additions may not be installed without Lessor’s prior written consent. At the end of the Lease Term, Lessee shall remove any Additions which (i) were not leased by Lessor and (ii) are readily removable without causing material damage or impairment of the intended function, use, or value of the Product and restore the Product to its original configuration. Any Additions, which are not so removable, will become the Lessor’s property (lien free).
Upgrades and Additions. 9.1. Additions, modifications, alterations and upgrades to the Equipment shall be conducted only with the consent of and by Lessor, not to be unreasonably withheld or delayed.
9.2. Such Upgrades and Additions shall be offered to Lessee by the Lessor at a price and upon terms to be negotiated between the parties.
9.3. All additions, repairs or improvements made to the Equipment shall belong to Lessor.
