Examples of Purchased Lease in a sentence
Each Purchased Lease and all other documents in each Lease File have been duly executed by all parties and are valid, binding and enforceable against all parties in accordance with their terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws relating to or limiting creditors’ rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).
Neither Seller nor any affiliate of Seller has any obligation under any Purchased Lease that has not been performed in full as of the related Purchase Date, and no Purchased Lease requires Seller or any affiliate of Seller to comply with any covenant or other agreement (it being understood that the Servicing Rights do not constitute obligations, covenants or other agreements).
No default or other event (other than a failure to pay any amount due under any Purchased Lease) that with the passage of time or giving of notice or both would become a default has occurred under any Purchased Lease, nor has Seller waived any such default or other event, in each case except as disclosed on Schedule 2 to the related Assignment.
All Equipment leased under a Purchased Lease will at all times perform in all material respects according to applicable specifications; provided, however, that this Section 3.2.4 shall only apply to an item of Equipment if the commencement date of the related Purchased Lease occurred within one year before the related Purchase Date and any Scheduled Payments due under such Purchased Lease on or before the first anniversary of such commencement date have not been paid in full.
Seller has transferred a perfected, first-priority security interest in the related Equipment to Buyer, which security interest is subject only to the interests of the related Obligor under the related Purchased Lease.
Buyer shall have the right, but shall not be obligated, to perform any Seller obligation under any Purchased Lease.
Each Obligor under any Purchased Lease has the power and authority to execute, deliver and perform such Purchased Lease.
Seller hereby irrevocably authorizes Buyer to deliver to the related Obligor each notice of assignment delivered by Seller to Buyer pursuant to Section 2.3.5. Seller shall have no right or obligation to exercise the Servicing Rights and shall not take any action with respect to any Purchased Lease that would reasonably be expected to have a Material Adverse Effect.
Buyer shall xxxx and collect all payments due or to become due under the Purchased Leases and otherwise administer the Purchased Leases in its own name and in accordance with its standard servicing procedures as in effect from time to time (it being understood that the Buyer may, without limitation, instruct any Obligor under a Purchased Lease to make payments under such Purchased Lease to any account designated by Buyer).
Seller shall promptly forward to Buyer all material written communications that it receives after the related Purchase Date with respect to any Purchased Lease (other than any such communication also sent to Buyer) and shall promptly notify Buyer in writing if it receives written notice of the occurrence of an Insolvency Event with respect to any Obligor under a Purchased Lease or the occurrence of an event of non-appropriation with respect to any Purchased Lease.