Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything else to the contrary notwithstanding, it is the intention of the Lessee and the Funding Parties that: (i) subject to clauses (ii) and (iii) below, the amount and timing of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans and Yield on the Lessor's Invested Amounts on each Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase such Leased Property under the Lease, the Funded Amounts, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, shall be paid in full by the Lessee, (iii) if the Lessee properly elects the Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect of the Leased Property will be paid out of the Recourse Deficiency Amount, and the Lessee shall only be required to pay to the Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessor's Invested Amounts, the proceeds of the sale of the Leased Property in accordance with Section 14.6 of the Lease; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the Loans, and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documents.
Amounts Due Under Lease. Anything else herein or elsewhere in the Operative Documents to the contrary notwithstanding, it is the intention of Lessee, Guarantor, Lessor, the Certificate Holders and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due and payable as Interest on the Loans and Yield on the Certificate Amounts on each Payment Date; (ii) if Lessee elects the Early Termination Option (other than any partial purchases pursuant to Section 18.1(b) of the Lease), the Purchase Option or becomes obligated or otherwise elects to purchase the Leased Property under the Lease, then the Loans, the Certificate Amounts, all Interest, Yield and Fees and all other obligations of Lessee owing to Lessor and the Participants shall be paid in full by Lessee; (iii) if Lessee properly elects the Sale Option with respect to the Leased Property, and subject to ARTICLES XX and XXI of the Lease, Lessee shall only be required to pay to Administrative Agent the proceeds of the sale of the Leased Property, the Sale Option Recourse Amount with respect to the Leased Property and any amounts due pursuant to SECTION 20.2 of the Lease (which aggregate amounts may be less than the Lease Balance), together with all other amounts due and payable by Lessee; and (iv) upon an Event of Default resulting in an acceleration of Lessee's obligation to purchase the Leased Property under the Lease at any time, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the Lease Balance, PLUS, to the extent not included in the Lease Balance, all other amounts then due from Lessee to the Participants under the Operative Documents.
Amounts Due Under Lease. Each Credit Party, the Lessor, the Agent, each Credit Lender and each Mortgage Lender intends that, subject to the provisions of the Operative Agreements: (i) the amount and timing of installments of Basic Rent due and payable from time to time under the Lease shall be equal to the aggregate payments due and payable as scheduled interest on the Credit Loans and the Mortgage Loans and the scheduled Lessor Yield on the Lessor Advance on each Scheduled Interest Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated or otherwise elects to purchase the Property under the Lease, then the Credit Notes, the Mortgage Notes, the Lessor Advance, all accrued and unpaid interest and Lessor Yield thereon, and all other obligations of the Credit Parties owing to the Primary Financing Parties under the Operative Agreements shall be paid by the Lessee with a payment of Supplemental Rent in an amount equal to the Termination Value for the Property; and (iii) if the Lessee properly elects the Sale Option with respect to the Property, the Lessee shall be required to pay to the Agent the Maximum Residual Guarantee Amount on the Expiration Date, together with all other amounts then due and payable as Supplemental Rent in respect of the Lease.
Amounts Due Under Lease. 10 SECTION 5B.
Amounts Due Under Lease. 20 SECTION 6 CONDITIONS PRECEDENT TO CLOSING DATE AND ADVANCES......................................................21 SECTION 6.1 Conditions Precedent - General.........................................................21
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Guarantor, the Lessee's General Partner, the Lessor, the Participants and the Agent that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due to the Participants in respect of their Participation Interests on each Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated to
Amounts Due Under Lease. 7 SECTION 3 CONDITIONS PRECEDENT; DOCUMENTS .................................. 7
Amounts Due Under Lease. 6 2.7 Computations................................................................................... 7 2.8 Determination of Interest and Yield............................................................ 7 2.9 Obligations Several............................................................................ 7 2.10 Highest Lawful Rate............................................................................ 8
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Certificate Trustee, the Certificate Purchaser and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to amortization of principal of, and interest on, the Loans, and with respect to Certificate Yield on the Certificate Amounts on each Payment Date (to the extent such interest is not funded by additional Interest Payment Loans); (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase the Property (which is subject to the Lease) under the Lease (whether upon the occurrence of a Lease Event of Default or otherwise), the Loans, the Certificate Amounts, the Make-Whole Premium, all interest and Certificate Yield thereon and all other obligations of the Lessee owing to the Certificate Trustee, the Certificate Purchaser and the Lenders shall be paid in full by the Lessee; and (iii) if the Lessee properly elects the Remarketing Option, the Lessee shall only be required to pay to the Certificate Trustee the Gross Proceeds from Improvements, the Termination Rental Amount and any amounts due pursuant to Section 9.1 and Article XIII of this Participation Agreement and Sections 20.1 and 20.2 of the Lease (which aggregate amounts may be less than the Lease Balance).
Amounts Due Under Lease. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee, the Lessor, the Owner Participants and the Lenders that: (i) the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease shall be equal to the aggregate payments due and payable as interest on the Loans and Equity Return on the Equity Investment on each Payment Date; (ii) if the Lessee elects or becomes obligated to purchase the Equipment under the Lease, then the Loans, the Equity Investment, all accrued and unpaid interest, Equity Return and fees thereon and all other obligations of the Lessee owing to the Owner Participants and the Lenders shall be due and payable in full by the Lessee as provided in the or the Lease; and (iii) if the Lessee properly elects to return all of the Equipment under Article XVII of the Lease, the Lessee shall only be required to pay to the Lessor the proceeds of the sale of the Equipment, the Maximum Lessee Risk Amount and any amounts due pursuant to Articles VII and VIII hereof and Article XVII of the Lease. [Remainder of page intentionally left blank; signature pages follow]
