Common use of Amounts Due Under Lease Clause in Contracts

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.

Appears in 2 contracts

Samples: Master Agreement (Jones Financial Companies Lp LLP), Master Agreement (Jones Financial Companies Lp LLP)

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Amounts Due Under Lease. Lessor hereby directs Lessee to, and Lessee agrees to, pay all Basic Rent, Leased Property Balances, Lease Balance, Recourse Deficiency Amount and all other amounts due to the Lessor under the Lease and the Construction Agency Agreement to the Agent for distribution pursuant to Section 3 of the Loan Agreement. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere 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 on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the LeaseLease or the Construction Agency Agreement, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 such Leased Property 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 in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested AmountsAmounts in respect of such Leased Property, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the such 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 LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 2 contracts

Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Funding Parties Participants that: (i) subject to clauses (ii) and (iii) below, 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 interest as Interest on the Loans and Yield on the Lessor's Invested Amounts Lessor Amount due on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase such the Leased Property under the Lease, the Funded AmountsLoans, the Lessor Amount, all interest accrued and unpaid Interest and Yield thereon thereon, any Fees and all other obligations of the Lessee owing to the Funding Parties, Participants pursuant to the Operative Documents 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 Sale Option with respect of to the Leased Property will be paid out and subject to Articles XX and XXI of the Recourse Deficiency AmountLease, 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, Administrative Agent the proceeds of the sale of the Leased Property, the Sale Option Recourse Amount with respect to the Leased Property in accordance with and any amounts due pursuant to Section 14.6 20.2 of the Lease, together with all other amounts due and payable as Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation ’s obligations to purchase the Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the Loans, and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon Lease Balance and all other obligations of the amounts owing by Lessee owing to the Funding Parties pursuant to Administrative Agent, if any, and/or the Participants under the Operative DocumentsDocuments (including, but without duplication, accrued and unpaid Rent).

Appears in 2 contracts

Samples: Participation Agreement (Regeneron Pharmaceuticals Inc), Participation Agreement (Regeneron Pharmaceuticals Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Funding Parties Participants that: (i) subject to clauses (ii) and (iii) below, 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 interest as Yield on the Loans Rent Assignment Contribution Amount and Yield on the Lessor's Invested Amounts Lessor Amount due on each Payment Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase such the Leased Property under the Lease, then the Funded AmountsLease Balance (including, without duplication, all interest accrued and unpaid Yield thereon thereon) and any Fees and all other obligations of the Lessee owing to the Funding Parties, Participants pursuant to the Operative Documents 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 Sale Option with respect of to the Leased Property will be paid out and subject to Articles XX and XXI of the Recourse Deficiency AmountLease, 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, Administrative Agent the proceeds of the sale of the Leased Property, the Sale Option Recourse Amount with respect to the Leased Property in accordance with and any amounts due pursuant to Section 14.6 20.2 of the Lease, together with all other amounts due and payable as Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation ’s obligations to purchase the Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the Loans, and accrued interest thereon, the Lessor's Invested Amounts and accrued Yield thereon Lease Balance and all other obligations of the amounts owing by Lessee owing to the Funding Parties pursuant to Administrative Agent, if any, and/or the Participants under the Operative DocumentsDocuments (including, but without duplication, accrued and unpaid Rent).

Appears in 2 contracts

Samples: Participation Agreement (Regeneron Pharmaceuticals, Inc.), Participation Agreement (Regeneron Pharmaceuticals, Inc.)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere 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 ’s Invested Amounts Amount on each Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase such the 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, Parties shall be paid in full by the Lessee, (iii) if the Lessee properly elects the Remarketing Option, (A) the principal amount of, and accrued interest on, the A Loans in respect of the Leased Property Lessee will only be paid out of required to pay the Recourse Deficiency AmountAmount and the other amounts required to be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay to the Lenders the principal of the Loans and to the Lessor the Allocated Amount in part, and (B) the Lessee shall only be required to pay to the Lenders in respect of the remaining principal amount of the B Loans and to the Lessor in respect of the remaining Allocated Amount and the Lessor's ’s Net Invested AmountsAmount, to the extent of 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 ’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 ’s Invested Amounts Amount and accrued Yield thereon and all other obligations of the Lessee owing to the Agent and the Funding Parties pursuant to the Operative Documents.

Appears in 1 contract

Samples: Master Agreement (Bank of New York Co Inc)

Amounts Due Under Lease. With respect to the Leased Anything else herein or elsewhere ----------------------- 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 on, and principal of, the Loans in respect of the Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of the Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option with respect to the Leased Property or becomes obligated to purchase such the Leased Property under the Lease, the Funded AmountsAmounts in respect of the Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 and the A Percentage of the Leased Property Lessor's Invested Amounts, if any, 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 B Percentage of the Lessor's Invested Amounts, if any, the proceeds of the sale of the Leased Property in accordance with Section 14.6 of the LeaseProperty; 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 LoansLoans in respect of the Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of the Leased Property, if any, and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to in respect of the Operative DocumentsLeased Property.

Appears in 1 contract

Samples: Master Agreement (Certegy Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor's Invested Amounts Amount in respect of such Leased Property on each Payment Date; (ii) if the a Lessee elects the Purchase Option with respect to any Leased Property or becomes obligated to purchase such any Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee Lessees owing to the Funding Parties, Parties with respect to such Leased Property shall be paid in full by the related Lessee, (iii) if the a Lessee properly elects the Remarketing OptionOption with respect to any Leased Property, (A) such Lessee will only be required to pay the Recourse Deficiency Amount with respect to such Leased Property and the other amounts required to be paid pursuant to Section 14.6 of the Lease with respect to such Leased Property, which amounts shall be used to pay to the Lenders the principal amount of, and accrued interest on, of the A Loans in with respect of the to such Leased Property will be paid out of and to the Recourse Deficiency AmountLessor the A Allocated Amount with respect to such Leased Property, and the (B) such Lessee shall only be required to pay to the Lenders in respect of the principal amount of the B Loans with respect to such Leased Property and to the Lessor in respect of the B Allocated Amount and the Lessor's Net Invested AmountsAmount with respect to such Leased Property, to the extent of the proceeds of the sale of the related 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 Lessees' obligation to purchase the Leased Property Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Loans, and accrued interest thereon, the Lessor's Invested Amounts Amount and accrued Yield thereon and all other obligations of the Lessee Lessees owing to the Agent and the Funding Parties pursuant to the Operative Documents.

Appears in 1 contract

Samples: Master Agreement (Concord Efs Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessee, the Lessor, the Certificate Holders and the Funding Parties Lenders that: (i) subject to clauses (ii) and (iii) below, 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 interest as Interest on the Loans and Yield on the Lessor's Invested Certificate Amounts on each Payment Date; provided, however, that prior to the Applicable Base Term Commencement Date for any Uncompleted Facility or Uncompleted Unit, Lessee shall cause all Capitalized Costs and any other Supplemental Rent to be paid from Advances; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase such Leased Property under the LeaseAssets or, to the extent permitted, certain Equipment or a Facility or a Proposed Site, the Funded Loans, the Certificate Amounts, all interest accrued and unpaid Interest and Yield thereon thereon, any Fees and all other obligations of the Lessee owing to the Funding Parties, Lessor and the Participants shall be paid in full by the Lessee, Lessee to the extent of the purchase amounts payable thereon; (iii) if the Lessee properly elects the Remarketing Option, the principal amount of, Sale Option and accrued interest on, the A Loans in respect subject to Articles XX and XXI of the Leased Property will be paid out of the Recourse Deficiency AmountLease, 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, Administrative Agent the proceeds of the sale of the Leased Property in accordance with Assets, the Aggregate RVG Amount and any amounts due pursuant to Section 14.6 20.2 of the LeaseLease (which aggregate amounts may be less than the unpaid principal of the Notes and Certificates), together with all other amounts due and payable as Supplemental Rent, but subject to the rights of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d)(i); and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the Leased Property Assets under the LeaseLease or Supervisory Agreement, the amounts then due and payable by the Lessee under the Lease on a recourse basis shall include all amounts necessary to pay in full the LoansAggregate Permitted Asset Balance, it being understood that any difference between the Asset Balance and accrued interest thereonthe Aggregate Permitted Asset Balance may be recovered from the proceeds from a sale of the Assets and the other Collateral subject to the terms and conditions of the Operative Agreements, the Lessor's Invested Amounts and accrued Yield thereon and plus all other obligations amounts then due from the Lessee to the Participants under the Operative Agreements, subject, however, (x) prior to the Applicable Base Term Commencement Date to the limitation on Lessee's recourse liability at Section 5.3 of the Lessee owing Supervisory Agreement with respect to any Uncompleted Unit or Uncompleted Facility and (y) any applicable limitation on Lessee's recourse liability to the Funding Parties pursuant to Aggregate Permitted Asset Balance set forth in the Operative DocumentsAgreements.

Appears in 1 contract

Samples: Participation Agreement (PPL Electric Utilities Corp)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees and the Funding Parties that: (i) subject to clauses CLAUSES (iiII) and (iiiIII) below, the amount and timing of Basic Rent due and payable from time to time from the related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the B Loans and the Synthetic Lease Loans in respect of such Leased Property and Yield on the Lessor's Lessors Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the related Lessee owing to the Funding Parties, Parties in respect of such Leased Property shall be paid in full by the Lessee, (iii) if the related Lessee properly elects the Remarketing Option, the principal amount of, and accrued interest on, the A Synthetic Lease Loans in respect of the Leased Property Properties, will be paid out of the Recourse Deficiency Amount, and the related Lessee shall only be required to pay to the B Lenders in respect of the principal amount of the B Loans and to the Lessor in respect of the Lessor's Lessors Invested Amounts, the proceeds of the sale of the Leased Property Properties in accordance with Section 14.6 of the Lease; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's related Lessees obligation to purchase the Leased Property Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the B Loans and the Synthetic Lease Loans, and accrued interest thereon, the Lessor's Lessors Invested Amounts and accrued Yield thereon and all other obligations of the Lessee Lessees owing to the Funding Parties pursuant to the Operative DocumentsDocuments and the Credit Agreement.

Appears in 1 contract

Samples: Master Agreement (Cornell Companies Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere 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 on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 and the A Percentage of the Lessor's Invested Amounts in respect of the such Leased Property Property, if any, 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 in respect of such Leased Property and to the Lessor in respect of the B Percentage of the Lessor's Invested AmountsAmounts in respect of such Leased Property, if any, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the such 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 LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property, if any, and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Master Agreement (Choicepoint Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere 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 on, and principal of, the Loans in respect of the Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of the Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option with respect to the Leased Property or becomes obligated to purchase such the Leased Property under the Lease, the Funded AmountsAmounts in respect of the Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 and the A Percentage of the Leased Property Lessor's Invested Amounts, if any, 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 B Percentage of the Lessor's Invested Amounts, if any, the proceeds of the sale of the Leased Property in accordance with Section 14.6 of the LeaseProperty; 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 LoansLoans in respect of the Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of the Leased Property, if any, and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to in respect of the Operative DocumentsLeased Property.

Appears in 1 contract

Samples: Lease Agreement (Fidelity National Information Services, Inc.)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere 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 on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 such Leased Property 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 in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested AmountsAmounts in respect of such Leased Property, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the such 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 LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, ----------------------- anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the related Lessee and the Funding Parties Participants that: (i) subject to clauses (ii) and (iii) below, the amount and timing of such of Basic Rent due and payable from time to time from the related Lessee under the related Lease shall be equal to the aggregate payments due and payable with respect to interest on on, and principal of, the Loans in respect of such Leased Property and Yield on the Lessor's Invested Amounts Amount in respect of such Leased Property on each Payment Date; (ii) if the such Lessee elects the Purchase Option or becomes obligated to purchase such Leased Property under the such Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the such Lessee owing to the Funding Parties, Participants in respect of such Funded Property shall be paid in full by the such Lessee, (iii) if the such Lessee properly elects the Remarketing Option or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect of the such Leased Property will be paid out of the Recourse Deficiency Amount, and the such Lessee shall only be required to pay to the Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested Amounts, Amount in respect of such Leased Property the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the such Lessee's obligation to purchase the such Leased Property under the such Lease, the amounts then due and payable by the such Lessee under the Lease shall include all amounts necessary to pay in full the Loans, Loans in respect of such Leased Property and accrued interest thereon, the Lessor's Invested Amounts Amount in respect of such Leased Property and accrued Yield thereon and all other obligations of the such Lessee owing to the Funding Parties pursuant to the Operative DocumentsParticipants in respect of such Leased Property.

Appears in 1 contract

Samples: Participation Agreement (Alco Standard Corp)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the related Lessee owing to the Funding Parties, Parties in respect of such Leased Property shall be paid in full by such Lessee prior to or simultaneously with the Lesseeclosing of the purchase which is the subject of such Purchase Option, (iii) if the Lessee Lessees properly elects elect the Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect of the Leased Property Lessees will only be paid out of required to pay the Recourse Deficiency AmountAmount and the other amounts required to be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay the principal of the A Loans, and the Lessee Lessees 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, to the extent of the proceeds of the sale of the Leased Property Properties in accordance with Section 14.6 of the Lease; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's Lessees' obligation to purchase the Leased Property Properties under the Lease, the amounts then due and payable by the Lessee Lessees 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.thereon

Appears in 1 contract

Samples: Master Agreement (Discount Auto Parts Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Funding Parties Participants that: (ia) subject to clauses (ii) and (iii) below, 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 as interest on the Loans Loans, Return on Capital and Yield on the Lessor's Invested Lessor Amounts on each Rent Payment Date; (iib) if the Lessee elects the Purchase Option or becomes obligated to purchase such Leased the Property under the Lease, then the Funded Loans, the Capital, the Lessor Amounts, all interest accrued and unpaid interest, Return, Yield thereon and Fees and all other obligations of the Lessee owing to the Funding PartiesAdministrative Agent, the Structuring Agent, and the Participants shall be paid due and payable in full by the Lessee, Lessee on the date set forth in the Lease; (iiic) 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 Property, amounts payable pursuant to clause (i) of Section 14.6 20.1(m) of the Lease (not to exceed the Maximum Recourse Amount) and any amounts due pursuant to Article XIII hereof and Section 20.2 of the Lease; and (ivd) upon ------------ an the occurrence of a Lease Event of Default resulting in (and an acceleration of the Lessee's ’s obligation to purchase the Leased Property under or pay the LeaseProperty Cost), 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 Property Balance plus all other obligations of amounts then due from the Lessee owing to the Funding Parties pursuant to under the Operative Documents; and (e) if the Lessee elects to purchase or is required to purchase the Property pursuant to Section 15.1, 16.2(e) or Article XVIII of the Lease, the amounts then due and payable by the Lessee shall include all amounts necessary to pay the Property Balance.

Appears in 1 contract

Samples: Participation Agreement (Adobe Systems Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lease shall be equal to the aggregate payments due and payable with respect to interest on on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the related Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the such Lessee owing to the Funding Parties, Parties in respect of the Leased Property shall be paid in full by the such Lessee, (iii) if the related Lessee properly elects the Remarketing Option or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect of the such Leased Property Property, will be paid out of the Recourse Deficiency Amount, and the such Lessee shall only be required to pay to the Lenders in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested AmountsAmounts in respect of such Leased Property, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the related Lessee's obligation to purchase the such Leased Property under the related Lease, the amounts then due and payable by the such Lessee under the such Lease shall include all amounts necessary to pay in full the LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other obligations of the such Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Master Agreement (Dollar General Corp)

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Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere 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 on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property 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 and the A Percentage of the Lessor's Invested Amounts in respect of the such Leased Property Property, if any, 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 in respect of such Leased Property and to the Lessor in respect of the B Percentage of the Lessor's Invested AmountsAmounts in respect of such Leased Property, if any, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the such 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 LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property, if any, and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Lease Participation Agreement (Aaron Rents Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the related Lessee owing to the Funding Parties, Parties in respect of such Leased Property shall be paid in full by the Lessee, (iii) if the Lessee Lessees properly elects elect the Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect of the Leased Property Properties, will be paid out of the Recourse Deficiency Amount, and the Lessee Lessees 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 Properties in accordance with Section 14.6 of the Lease; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's Lessees' obligation to purchase the Leased Property Properties 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 Lessees owing to the Funding Parties pursuant to the Operative Documents.

Appears in 1 contract

Samples: Master Agreement (Rowe Companies)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee and the Funding Parties Participants that: (i) subject to clauses (ii) and (iii) below, 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 interest as (A) Accrual Rent on the Loans and Yield on the Lessor's Invested Amounts Lease Balance due on each Payment Date and (B) Capital Rent due on each Payment Date that occurs after the Base Term Commencement Date; (ii) if the Lessee elects the Early Termination Option, the Purchase Option or becomes obligated or otherwise elects to purchase such the Leased Property under the Lease, the Funded AmountsLease Balance, all interest accrued and unpaid Yield thereon thereon, any Fees and all other obligations of the Lessee owing to the Funding Parties, Participants 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 Sale Option with respect of to the Leased Property will be paid out and subject to Articles XX and XXI of the Recourse Deficiency AmountLease, 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, Administrative Agent the proceeds of the sale of the Leased Property, the Sale Option Recourse Amount with respect to the Leased Property in accordance with and any amounts due pursuant to Section 14.6 20.2 of the Lease, together with all other amounts due and payable as Supplemental Rent, but subject to the right of the parties with respect to the Gross Proceeds as set forth at Section 5.3(d); and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation ’s obligations to purchase the Leased Property under the Lease, the amounts then due and payable by the Lessee under the Lease or the Construction Agency Agreement on a recourse basis 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 DocumentsLease Balance.

Appears in 1 contract

Samples: Transaction Agreement (Corning Inc /Ny)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the such Lessee owing to the Funding Parties, Parties in respect of the Leased Property shall be paid in full by the such Lessee, (iii) if the related Lessee properly elects the Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect of the such Leased Property Property, will be paid out of the Recourse Deficiency Amount, and the such Lessee shall only be required to pay to the Lenders Lender in respect of the principal amount of the B Loans in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested AmountsAmounts in respect of such Leased Property, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the related Lessee's obligation to purchase the such Leased Property under the Lease, the amounts then due and payable by the such Lessee under the such Lease shall include all amounts necessary to pay in full the LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other obligations of the such Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Master Agreement (Dollar General Corp)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor's ’s Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the a Lessee elects the Purchase Option with respect to any Leased Property or becomes obligated to purchase such any Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee Lessees owing to the Funding Parties, Parties with respect to such Leased Property shall be paid in full by the related Lessee, (iii) if the a Lessee properly elects the Remarketing OptionOption with respect to any Leased Property, (A) such Lessee will only be required to pay the Recourse Deficiency Amount with respect to such Leased Property and the other amounts required to be paid pursuant to Section 14.6 of the Lease with respect to such Leased Property, which amounts shall be used to pay the principal amount of, and accrued interest on, of the A Loans in with respect of the to such Leased Property will be paid out of the Recourse Deficiency AmountProperty, and the (B) such Lessee shall only be required to pay to the Lenders in respect of the principal amount of the B Loans with respect to such Leased Property and to the Lessor in respect of the Lessor's ’s Invested AmountsAmounts with respect to such Leased Property, to the extent of the proceeds of the sale of the related 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 Lessees’ obligation to purchase the Leased Property Properties under the Lease, the amounts then due and payable by the Lessee Lessees under the Lease shall include all amounts necessary to pay in full the Loans, and accrued interest thereon, the Lessor's ’s Invested Amounts and accrued Yield thereon and all other obligations of the Lessee Lessees owing to the Agent and the Funding Parties pursuant to the Operative Documents.

Appears in 1 contract

Samples: Master Agreement (Concord Efs Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, anything Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee, and Participants that from and after the Lessee and the Funding Parties thatClosing Date: (i) subject to clauses (ii) and (iii) below, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the Lease on a Payment Date shall be equal to the aggregate payments due and payable with in respect to interest of principal and accrued Interest on the Loans Notes and redemptions of Certificate Amount and accrued Yield on the Lessor's Invested Amounts Certificates on each such Payment Date; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase such Leased Property an Aircraft under the Lease, the Funded principal of the corresponding Loans, Certificate Amounts, all interest accrued and unpaid Interest and all accrued and unpaid Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Financing Parties with respect thereto shall be paid in full by the Lessee, Lessee in accordance with Sections 21 and 22 of the Lease; (iii) if the Lessee properly elects the Remarketing Option, the principal amount of, Sale Option with respect to any Aircraft and accrued interest on, the A Loans remarkets such Aircraft in respect accordance with Section 23 of the Leased Property will be paid out of Lease, on the Recourse Deficiency Amount, and the Expiration Date 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 Sale Proceeds of the sale of such Aircraft and, if the Leased Property Sale Proceeds are less than the Lease Balance of such Aircraft, the amount of such difference but not more than the Sale Recourse Amount for such Aircraft, all in accordance with Section 14.6 23 of the Lease, and any other amounts due pursuant to Section 7.9 hereof and such Section 23 of the Lease (which aggregate amounts may be less than the Lease Balance of such Aircraft); and (iv) upon ------------ an a Lease Event of Default resulting in an acceleration of the Lessee's obligation to purchase the Leased Property Aircraft under the Lease, the amounts then due and payable by the Lessee under Section 14 of the Lease shall include all amounts necessary to pay in full the outstanding principal under the Loans, the Certificate Amounts and all accrued interest Interest and Yield thereon, the Lessor's Invested Amounts and accrued Yield thereon and plus all other obligations of amounts then payable by the Lessee owing to the Funding Financing Parties pursuant to under the Operative Documents.

Appears in 1 contract

Samples: Participation Agreement (Steelcase Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere to the contrary notwithstanding, it is the intention of the Lessee Lessees 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 related Lessee under the Lease shall be equal to the aggregate payments due and payable with respect to interest on the Loans in respect of such Leased Property and Yield on the Lessor's Invested Amounts in respect of such Leased Property on each Payment Date; (ii) if the related Lessee elects the Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the related Lessee owing to the Funding Parties, Parties in respect of such Leased Property shall be paid in full by the such Lessee, (iii) if the Lessee Lessees properly elects elect the Remarketing Option, the principal amount of, and accrued interest on, the A Loans in respect of the Leased Property Lessees will only be paid out of required to pay the Recourse Deficiency AmountAmount and the other amounts required to be paid pursuant to Section 14.6 of the Lease, which amounts shall be used to pay the principal of the A Loans, and the Lessee Lessees 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, to the extent of the proceeds of the sale of the Leased Property Properties in accordance with Section 14.6 of the Lease; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's Lessees' obligation to purchase the Leased Property Properties under the Lease, the amounts then due and payable by the Lessee Lessees 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 Lessees owing to the Funding Parties pursuant to the Operative Documents.

Appears in 1 contract

Samples: Master Agreement (Dollar Tree Stores Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, Notwithstanding anything else to the contrary notwithstandingherein, it is the intention of Lessee, Lessor, Lender and Guarantor that, subject to the Lessee and the Funding Parties thatexceptions listed below in this section: (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 Lease, as converted into floating payments pursuant to the Interest Rate Swap Agreement entered into by Lessor on the Closing Date, shall be equal to the aggregate payments due and payable on each Payment Date with respect to interest on on, and any principal of, the Loans Loan and Yield on on, and any principal of, the Lessor's Invested Amounts on each Payment DateEquity Investment; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase such the Leased Property under the LeaseProperty, the Funded Amountsoutstanding principal amount of the Loan and the Equity Investment, all interest and Yield thereon thereon, plus all costs and any other amounts payable by Lessee under any Operative Document and all other obligations of the Lessee owing to the Funding Parties, Lessor and Lender shall be paid in full by the Lessee, ; (iii) if the Lessee properly elects the Remarketing Option or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect of Loan and the Leased Property Equity Investment plus all costs and any other amounts payable by Lessee under any Operative Document 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 LeaseObligation; and (iv) upon ------------ an Event of Default resulting in an any acceleration of the Termination Date and Lessee's ’s obligation to purchase the Leased Property under the LeaseLease as a result of a Lease Event of Default that did not arise solely from a Limiting Event, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the LoansLoan, and accrued interest thereon, the Lessor's Invested Amounts Equity Investment and accrued Yield thereon and all other obligations of the Lessee owing to Lessor and Lender. The understanding set forth in the Funding Parties pursuant preceding sentence is subject to the Operative Documents.following exceptions:

Appears in 1 contract

Samples: Participation Agreement (Lennox International Inc)

Amounts Due Under Lease. With respect to the each Leased ----------------------- Property, anything else herein or elsewhere 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 on, and principal of, the Loans in respect of such Leased Property and Yield on on, and principal of, the Lessor's Invested Amounts Amounts, if any, in respect of such Leased Property on each Payment Date; (ii) if the Lessee elects the Purchase Option or the Partial Purchase Option with respect to a Leased Property or becomes obligated to purchase such Leased Property under the Lease, the Funded AmountsAmounts in respect of such Leased Property, all interest and Yield thereon and all other obligations of the Lessee owing to the Funding Parties, Parties in respect of the Leased Property shall be paid in full by the Lessee, (iii) if the Lessee properly elects the Remarketing Option or the Surrender Option, the principal amount of, and accrued interest on, the A Loans in respect of the such Leased Property 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 in respect of such Leased Property and to the Lessor in respect of the Lessor's Invested AmountsAmounts in respect of such Leased Property, the proceeds of the sale of the such Leased Property in accordance with Section 14.6 of the LeaseProperty; and (iv) upon ------------ an Event of Default resulting in an acceleration of the Lessee's obligation to purchase the such 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 LoansLoans in respect of such Leased Property, and accrued interest thereon, the Lessor's Invested Amounts in respect of such Leased Property and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative Documentsin respect of such Leased Property.

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Amounts Due Under Lease. With respect to the Leased ----------------------- Property, Notwithstanding anything else to the contrary notwithstandingherein, it is the intention of the Lessee and Lessor that, subject to the Funding Parties thatexceptions listed below in this section: (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 Lease, as converted into fixed payments pursuant to the Interest Rate Swap Agreement entered into by Lessor on January 23, 2012, shall be equal to the aggregate payments due and payable on each Payment Date with respect to interest on Yield on, and any principal of, the Loans and Yield on the Lessor's Invested Amounts on each Payment DateEquity Investment; (ii) if the Lessee elects the Purchase Option or becomes obligated to purchase such the Leased Property under the LeaseProperty, the Funded Amountsoutstanding principal amount of the Equity Investment, all interest Yield thereon, plus all costs and Yield thereon any other amounts payable by Lessee under any Operative Document and all other obligations of the Lessee owing to the Funding Parties, Lessor shall be paid in full by the Lessee, ; (iii) if the Lessee properly elects the Remarketing Option, the principal amount of, and accrued interest Yield on, the A Loans in respect of the Leased Property Equity Investment plus all costs and any other amounts payable by Lessee under any Operative Document 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 LeaseObligation; and (iv) upon ------------ an Event of Default resulting in an any acceleration of the Termination Date and Lessee's ’s obligation to purchase the Leased Property under the LeaseLease as a result of a Lease Event of Default that did not arise solely from a Limiting Event, 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 Equity Investment and accrued Yield thereon and all other obligations of the Lessee owing to the Funding Parties pursuant to the Operative DocumentsLessor.

Appears in 1 contract

Samples: Participation Agreement (Lennox International Inc)

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