Terminated Units definition
Examples of Terminated Units in a sentence
Unless all amounts described above in this Section 10.2 shall have been paid to the Persons entitled thereto on the Termination Date, this Lease shall continue in full force and effect with respect to the Terminated Units.
Lessor agrees that in the event that Lessor elects to retain (and does retain) the Terminated Units as provided in this Section 10.3, for a period of one year after payment by Lessor of all amounts due and owing by Lessor under this Section 10.3, Lessor may not sell or lease any of such Terminated Units to Lessee or any of its Affiliates.
If Lessor elects not to sell the Terminated Units as provided in this Section 10.3, then Lessor shall pay, or cause to be paid, to Indenture Trustee in immediately available funds an amount equal to the outstanding principal amount of the Equipment Notes issued in respect of such Terminated Units and all accrued interest to the date of prepayment of such Equipment Note on such Termination Date.
Lessor shall be entitled, but shall not be obligated, to solicit bids for the Terminated Units.
In the event of either (a) any sale of Terminated Units and receipt by Lessor and the Indenture Trustee of all of the amounts provided in Section 10.2 or (b) retention of the Equipment and payment in full by Lessor of all amounts required to be paid pursuant to Section 10.3, and upon compliance by Lessee with the other provisions of this Section 10, the obligation of Lessee to pay Basic Rent hereunder for such Terminated Units shall cease and the Lease Term for such Terminated Units shall end.
In the event of either (x) any -------------------- such sale and receipt by Lessor and the Indenture Trustee of all of the amounts provided in Section 10.2 or (y) retention of the Equipment and full performance by Lessor of its payment obligations in compliance with Section 10.3, and upon compliance by Lessee with the other provisions of this Section 10, the obligation of Lessee to pay Basic Rent hereunder for such Terminated Units shall cease and the Lease Term for the Terminated Units shall end.
Except as expressly provided herein, there will be no conditions to Lessee's right to terminate this Lease with respect to the Terminated Units pursuant to this Section 10.
Without limiting any rights which MMC or the Managing Member(s) or the Company may have under Section 3.4 hereof, the Managing Member(s) and the Company may elect to reserve for issuance to other or future executives of the Company a number of Units equal to 50% of the aggregate number of Terminated Units (the "Reserved Units").
If during the Initial Term all or part of the Equipment becomes obsolete or surplus to Lessee's requirements, and provided no default has occurred, Lessee may at any time after the thirty sixth (36th) month, upon not less than ninety (90) days prior written notice to ELEX, terminate the Lease with respect to such Equipment, or any Unit(s) thereof, ("Terminated Unit(s)"), as of any succeeding rental payment date specified in said notice ("Termination Date").
Neither the Lessee nor any Affiliate thereof shall purchase, lease or otherwise acquire the Proposed Terminated Units or any portion thereof from the purchasing bidder or any Affiliate thereof for a period of three years from the Termination Date relating to the Proposed Terminated Units, such prohibition, notwithstanding any provision to the contrary in Section 10.4 or otherwise, to survive the termination of this Lease with respect to such Proposed Terminated Unit.