Examples of Residual Guaranty in a sentence
Receipt by the Lessor (or by the Agent on behalf of the Lessor) of any Fixed Rent, Additional Rent, Residual Guaranty, Termination Value or other sum payable hereunder or under any other Operative Document with knowledge of the breach by the Lessee of any provision hereof shall not constitute a waiver of such breach, and no waiver by the Lessor of any provision hereof shall be deemed to have been made unless made in writing.
Any representation or warranty made by Guarantor in the Guaranty, Residual Guaranty Payment Support, any Consent or any document contemplated hereby or thereby proves to be false or inaccurate in any material respect when made or deemed made, or Guarantor defaults in the performance of any term, covenant, condition or obligation contained in the Guaranty, Residual Guaranty Payment Support, or any Consent, and such default shall not have been cured within any applicable grace or cure period.
In the event that the Lessor shall, in accordance with said Section 3.3 of the Agency Agreement, elect to require the Lessee to pay to the Lessor the Maximum Residual Guaranty Amount then the Lessee shall pay to the Lessor the Maximum Residual Guaranty Amount and shall surrender or cause to be surrendered the Property in accordance with the terms and provisions of Section 10.1 hereof.
Notwithstanding anything to the contrary set forth in this Lease or in the other Operative Agreements, the Lessee’s recourse liability to Lessor as a consequence of the occurrence of a Limited Event of Default shall be limited to the payment by the Lessee of the Maximum Residual Guaranty Amount; provided, however if Lessee or any Guarantor agrees or acknowledges in writing that an Event of Default has occurred, then the Lessor shall be entitled to exercise any of the remedies set forth in the Section 17.5.
If Lessee should fail to timely pay the Maximum Residual Guarantee Amount, Lessee shall purchase (or cause its designee to purchase) all such Properties in accordance with Section 20.2 on the date one (1) Business Day after the Maximum Residual Guaranty Amount was due pursuant to the preceding sentence.
Residual Guaranty and Return Conditions............................................
Whenever ITEC shall offer a residual guaranty to an NFC leasing customer in order to fix the value of Equipment at the end of a lease term (an “ITEC Residual Guaranty”) NFC shall document such Residual Guaranty in writing to ITEC and ITEC shall pay such Residual Guaranty to NFC or affiliate at the end of the lease term on the next Business Day following the delivery of the related Equipment (with properly assigned title) to ITEC.
Since the date of the most recent Annual Report on Form 10-K delivered pursuant to Section 2.05, there has been no adverse change in the financial condition or business of Diamond Shamrock R & M or the Guarantor which would materially impair the ability of Diamond Shamrock R & M to perform its obligations under this Ground Lease or which would materially impair the ability of the Guarantor to perform its obligations under the Guaranty or the Residual Guaranty Payment Support.
Any representation or warranty made by Guarantor in the Guaranty, Residual Guaranty Payment Support any Consent or any document contemplated hereby or thereby proves to be false or inaccurate in any material respect when made or deemed made, or Guarantor defaults in the performance of any term, condition, covenant or obligation contained in the Guaranty, Residual Guaranty Payment Support or any Consent, and such default shall not have been cured within any applicable grace or cure period.
The representations and warranties contained in ARTICLE 4 of this Agreement, Article II of the Facilities Lease, Article II of the Ground Lease, Section 6 of the Guaranty, Section 6 of the Residual Guaranty and in each other Credit Document shall be correct in all material respects on and as of the Effective Date before and after giving effect to the initial Borrowing and to the application of the proceeds from such Borrowing, as though made on and as of such date.