Common use of Acceptance and Leasing of Equipment Clause in Contracts

Acceptance and Leasing of Equipment. Subject to satisfaction or waiver of the conditions set forth in Sections 4.1 and 4.2 of the Participation Agreement, Lessor hereby agrees on the applicable Acceptance Date for each Unit (a) to accept delivery of such Unit from the appropriate Seller simultaneously with the delivery of such Unit from such Seller, as acceptance shall be evidenced by the execution and delivery by Lessor (or such other parties referenced below) of a Certificate of Acceptance with respect to such Unit and (b) to lease such Unit to Lessee hereunder. On the applicable Acceptance Date for each Unit, Lessee hereby agrees to lease from Lessor hereunder each Unit, as evidenced by the execution and delivery by Lessee and Lessor of a Lease Supplement (substantially in the form of Exhibit A hereto) covering such Unit. Lessor hereby authorizes Lessee or an authorized representative of Lessee to act on behalf of Lessor to accept delivery of each Unit and to execute and deliver Certificates of Acceptance with respect thereto, all in accordance with Section 2.3(c) of the Participation Agreement. Lessee hereby agrees that acceptance of delivery of any Unit by Lessee or its authorized representative on behalf of Lessor shall, without further act, irrevocably constitute acceptance by Lessee (as between Lessor and Lessee) of such Unit for all purposes of this Lease.

Appears in 2 contracts

Samples: Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/), Master Equipment Lease Agreement (Coca Cola Bottling Co Consolidated /De/)

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Acceptance and Leasing of Equipment. Subject Lessor hereby agrees (subject to satisfaction or waiver of the conditions applicable to each Delivery Date set forth in Sections 4.1 and 4.2 Article IV of the Participation Agreement), Lessor hereby agrees on simultaneously with the applicable Acceptance Date for delivery of each Unit (a) of Equipment from the Seller to Lessor to accept delivery of such Unit of Equipment from the appropriate Seller simultaneously with the delivery of such Unit from such Seller, as acceptance shall be evidenced by the execution and delivery by an authorized representative of Lessor (or such other parties referenced below) of a Certificate of Acceptance with respect to such Unit and (b) thereafter to lease such Unit to Lessee hereunder. On Lessee further agrees (subject to satisfaction or waiver of the conditions applicable Acceptance to each Delivery Date for each Unit, Lessee hereby agrees such Unit set forth in Article IV of the Participation Agreement) to lease from Lessor hereunder each Unit, as evidenced by the execution execute and delivery by Lessee and Lessor of deliver a Lease Supplement (substantially in the form of Exhibit A hereto) covering such Unit. Lessor hereby authorizes Lessee one or an authorized representative more employees or agents of Lessee Lessee, designated by Lessee, to act on behalf of Lessor as its authorized representative or representatives to accept delivery of each Unit the Equipment and to execute and deliver Certificates such Certificate of Acceptance with respect theretoAcceptance, all in accordance with Section 2.3(cSections 2.1(a) and 2.3(b) of the Participation Agreement. Lessee hereby agrees that such acceptance of delivery of any Unit by Lessee or its such authorized representative or representatives on behalf of Lessor shall, without further act, irrevocably constitute acceptance by Lessee (as between Lessor and Lessee) of such Unit for all purposes of this Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement (Kansas City Southern)

Acceptance and Leasing of Equipment. Subject Lessor hereby agrees (subject to satisfaction or waiver of the conditions applicable to the Delivery Date set forth in Sections Section 4.1 and 4.2 of the Participation Agreement), Lessor hereby agrees on the applicable Acceptance Date for each Unit (a) to accept delivery of such Unit from the appropriate Seller simultaneously with the delivery of each Unit of Equipment from the applicable Seller to Lessor, and acceptance thereof by Lessor, to accept on behalf of Lessor delivery of such Unit of Equipment from such Seller, as acceptance shall be evidenced by the execution and delivery by Lessor Lessee (or such other parties referenced belowas the authorized representative of Lessor) of a Certificate of Acceptance with respect to such Unit and (b) thereafter to lease such Unit to Lessee hereunder. On Lessee further agrees (subject to satisfaction or waiver of the conditions applicable Acceptance to the Closing Date for each Unit, Lessee hereby agrees such Unit set forth in Article IV of the Participation Agreement) to lease from Lessor hereunder each Unit, as evidenced by the execution execute and delivery by Lessee and Lessor of deliver a Lease Supplement (substantially in the form of Exhibit A hereto) covering such Unit. Lessor hereby authorizes Lessee one or an authorized representative more employees or agents of Lessee Lessee, designated by Lessee, to act on behalf of Lessor as its authorized representative or representatives to accept delivery of each Unit the Equipment and to execute and deliver Certificates such Certificate of Acceptance with respect theretoAcceptance, all in accordance with Section 2.3(cSections 2.1(a) and 2.3(b) of the Participation Agreement. Lessee hereby agrees that such acceptance of delivery of any Unit by Lessee or its such authorized representative or representatives on behalf of Lessor shall, without further act, irrevocably constitute acceptance by Lessee (as between Lessor and Lessee) of such Unit for all purposes of this Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement (Kansas City Southern)

Acceptance and Leasing of Equipment. Subject Lessor hereby agrees (subject to satisfaction or waiver of the conditions applicable to the Delivery Date set forth in Sections 4.1 and 4.2 Article IV of the Participation Agreement), Lessor hereby agrees on simultaneously with the applicable Acceptance Date for delivery of each Unit (a) of Equipment from Seller to Lessor to accept delivery of such Unit of Equipment from the appropriate Seller simultaneously with the delivery of such Unit from such Seller, as acceptance shall be evidenced by the execution and delivery by an authorized representative of Lessor (or such other parties referenced below) of a Certificate of Acceptance with respect to such Unit and (b) thereafter to lease such Unit to Lessee hereunder. On Lessee further agrees (subject to satisfaction or waiver of the conditions applicable Acceptance to the Delivery Date for each Unit, Lessee hereby agrees such Unit set forth in Article IV of the Participation Agreement) to lease from Lessor hereunder each Unit, as evidenced by the execution execute and delivery by Lessee and Lessor of deliver a Lease Supplement (substantially in the form of Exhibit A hereto) covering such Unit. Lessor hereby authorizes Lessee one or an authorized representative more employees or agents of Lessee Lessee, designated by Lessee, to act on behalf of Lessor as its authorized representative or representatives to accept delivery of each Unit the Equipment and to execute and deliver Certificates such Certificate of Acceptance with respect theretoAcceptance, all in accordance with Section 2.3(cSections 2.1(a) and 2.3(b) of the Participation Agreement. Lessee hereby agrees that such acceptance of delivery of any Unit by Lessee or its such authorized representative or representatives on behalf of Lessor shall, without further act, irrevocably constitute acceptance by Lessee (as between Lessor and Lessee) of such Unit for all purposes of this Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement (Kansas City Southern)

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Acceptance and Leasing of Equipment. Subject Lessor hereby agrees (subject to satisfaction or waiver of the conditions applicable to the Delivery Date set forth in Sections Section 4.1 and 4.2 of the Participation Agreement), Lessor hereby agrees on the applicable Acceptance Date for each Unit (a) to accept delivery of such Unit from the appropriate Seller simultaneously with the delivery of each Unit of Equipment from Seller to Lessor, and acceptance thereof by Lessor, to accept on behalf of Lessor delivery of such Unit of Equipment from such Seller, as acceptance shall be evidenced by the execution and delivery by Lessor Lessee (or such other parties referenced belowas the authorized representative of Lessor) of a Certificate of Acceptance with respect to such Unit and (b) thereafter to lease such Unit to Lessee hereunder. On Lessee further agrees (subject to satisfaction or waiver of the conditions applicable Acceptance to the Closing Date for each Unit, Lessee hereby agrees such Unit set forth in Article IV of the Participation Agreement) to lease from Lessor hereunder each Unit, as evidenced by the execution execute and delivery by Lessee and Lessor of deliver a Lease Supplement (substantially in the form of Exhibit A hereto) covering such Unit. Lessor hereby authorizes Lessee one or an authorized representative more employees or agents of Lessee Lessee, designated by Lessee, to act on behalf of Lessor as its authorized representative or representatives to accept delivery of each Unit the Equipment and to execute and deliver Certificates such Certificate of Acceptance with respect theretoAcceptance, all in accordance with Section 2.3(c2.3(b) of the Participation Agreement. Lessee hereby agrees that such acceptance of delivery of any Unit by Lessee or its such authorized representative or representatives on behalf of Lessor shall, without further act, irrevocably constitute acceptance by Lessee (as between Lessor and Lessee) of such Unit for all purposes of this Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement (Kansas City Southern)

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