Examples of Residual Guaranty in a sentence
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.
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.
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.
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.
Residual Guaranty and Return Conditions............................................
Capital One contends that it is entitled to judgment as a matter of law on this issue because the Amendment clearly and unambiguously sets forth the Residual Guaranty Clause, and because it was clear under the Amendment that the Original Purchase Price changed from $1,290,000 to $1,700,000, which would affect the calculations made under the Residual Guaranty.
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.
If the Properties are retained by the Lessor pursuant to an affirmative election made by the Lessor pursuant to the third sentence of Section 22.1(a), then the Lessee hereby unconditionally promises to pay to the Lessor 30 on the Expiration Date an amount equal to the aggregate Maximum Residual Guaranty Amounts for all of the Properties.
The Lessor shall have no obligation to make any payment required of it under this paragraph (b) above until the Lessor shall have received the sale proceeds, Residual Guaranty Payment, Basic Rent, any Supplemental Rent and all other amounts then due and owing hereunder.