Common use of Amounts Due Clause in Contracts

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee and Participants 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 in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Yield accrued on the Certificates on each Payment Date; (ii) if Lessee elects the Early Termination Option or the Purchase Option or becomes obligated to purchase the Units under the Lease, the principal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of Lessee owing to the Participants, Agent and Certificate Trustee shall be paid in full by Lessee in accordance with Article IX of the Lease; (iii) if Lessee properly elects the Sale Option and remarkets the Units in accordance with Article IX of the Lease, Lessee shall only be required to pay the Proceeds of the sale of the Units and, if the Proceeds are less than the Lease Balance, the amount of such difference but not more than the Applicable Percentage Amount, all in accordance with Article IX of the Lease, and any amounts due pursuant to Section 7.3 hereof and Section 9.4 of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable; and (iv) upon the occurrence and continuance of a Lease Event of Default resulting in an acceleration of Lessee's obligation to purchase the Units under the Lease, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by Lessee to Participants, Agent and Certificate Trustee under the Operative Documents.

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee Lessor, and Participants 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 in respect of principal amortization of the Notes, if any, Interest interest accrued on the Notes and Yield accrued on the Certificates on each Payment Date; (ii) if Lessee elects the Early Termination Option or the Purchase Option or becomes obligated to purchase all of the Units Leased Property under the Lease, the principal of the Notes, the Certificate Amounts, all Interest interest and Yield thereon, all Fees and Transaction Costs thereon and all other obligations of Lessee owing to the Participants, Agent and Certificate Trustee Lessor shall be paid in full by Lessee in accordance with all of Article IX XX of the Lease; (iii) if Lessee properly elects the Sale Option and remarkets markets the Units Leased Property in accordance with Article IX ARTICLE XXI of the Lease, Lessee shall only be required to pay the Proceeds of the sale of the Units and, if the Proceeds are less than an amount (not to exceed the Lease Balance) equal to the sum of (a) the Sale Proceeds, (b) the amount of such difference but not more than the Applicable Percentage Sale Recourse Amount, all in accordance with Article IX of the Lease, and (c) any amounts due pursuant to Section 7.3 hereof SECTION 7.8 and Section 9.4 22.3 of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable); and (iv) upon the occurrence and continuance of a Lease Event of Default resulting in an acceleration of Lessee's obligation to purchase the Units Leased Property under the Lease, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts and all accrued Interest interest and Yield thereon, plus all other amounts then payable by Lessee to Participants, Agent and Certificate Trustee Lessor under the Operative Documents.

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it (a) It is the intention of Lessee, Certificate Trustee the Lessee and the Participants that: 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 in respect of principal amortization of the Notes, if any, Interest Yield accrued on and payable with respect to the Notes Rent Assignment Advances under each Rent Assignment Agreement due on each Payment Date and Yield accrued on and payable with respect to the Certificates Lessor Retained Interest due on each Payment Date; (ii) if the Lessee elects the Early Termination Option or elects or is deemed to have elected the Purchase Option or becomes obligated to purchase the Units under the LeaseOption, the outstanding principal of the NotesRent Assignment Advances, Lessor Retained Interest and the Certificate AmountsLessor Investment, all Interest and Yield thereonon the Guaranteed Lease Balance, all Lessor’s Gain, any Break Amount, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Participants, Agent Agents and Certificate Trustee the Participants shall be paid in full by the Lessee in accordance with Article IX XX or Article XXI of the Lease, as applicable; (iii) if Lessee properly elects upon a proper election of the Sale Return Option and remarkets the Units in accordance with Article IX XXII of the Lease, in the absence of a Default or Event of Default, the Lessee shall only be required to pay the Sale Proceeds of the sale of the Units and, if Leased Property (in an amount not to exceed the Proceeds are less than the Adjusted Lease Balance, any excess being payable to the amount Lessee, except in the case of such difference but not more than the Applicable Percentage Amount, all in accordance with Article IX application of Section 22.4 of the Lease), and any amounts due pursuant to Section 7.3 hereof and Section 9.4 of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable; and (iv) upon the occurrence and continuance of a Lease Event of Default resulting in an acceleration of Lessee's obligation to purchase the Units under the Lease, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by Lessee to Participants, Agent and Certificate Trustee under the Operative Documents.if the

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee the Lessee and Participants that: the Lessor that (i) during the Base Term, the amount and timing of installments of Basic Rent due and payable from time to time from the Lessee under the each Lease shall be equal to the aggregate payments due and payable in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Yield accrued on the Certificates Equity Investment due on each Payment Date; (ii) if the Lessee elects the an Early Termination Option or the a Purchase Option or becomes obligated to purchase the Units under the a Lease, the principal of the Notes, the Certificate AmountsEquity Investment, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Participants, Agent and Certificate Trustee Lessor shall be paid in full by the Lessee in accordance with Article IX XX or Article XXI of the such Lease, as applicable; (iii) if the Lessee properly elects the Sale a Return Option and remarkets the Units a Leased Property in accordance with Article IX XXII of a Lease, in the Leaseabsence of a Default or Event of Default thereunder (other than an Event of Default that is declared solely and exclusively on the basis of one or more 97-1 Event of Defaults with respect to which Lessor has not yet commenced exercising remedies), Lessee shall only be required to pay the Sale Proceeds of the sale of such Leased Property (in an amount not to exceed the Units andLease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of the Lease), and if the Sale Proceeds are less than the Lease Balance, the lesser of (x) the amount of such difference but not more than and (y) the Applicable Percentage Recourse Deficiency Amount, all in accordance with Article IX XXII of the Lease, and any amounts due pursuant to Section 7.3 Article VII hereof and Section 9.4 22.3(a) of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable); and (iv) upon the occurrence and continuance of a Lease Default or Event of Default resulting in (other than an acceleration Event of Lessee's obligation Default that is declared solely and exclusively on the basis of one or more 97-1 Event of Defaults with respect to purchase the Units under the Leasewhich Lessor has not yet commenced exercising remedies), the amounts then due and payable by the Lessee under the related Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts Equity Investment and all accrued Interest and Yield thereon, plus all other amounts then payable by the Lessee to Participants, Agent and Certificate Trustee the Lessor under the Operative Documents.

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee Trustee, and Participants thatthat from and after the Final Completion Date: (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 in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Yield accrued on the Certificates on each Payment DateDate (to the extent such Interest or Yield is not Capitalized Interest or Capitalized Yield); (ii) if Lessee elects the Early Termination Option or the Purchase Option or becomes obligated to purchase the Units Premises under the Lease, the principal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs thereon and all other obligations of Lessee owing to the Participants, Agent and Certificate Trustee shall be paid in full by Lessee in accordance with Article IX XX and Article XXI of the Lease; (iii) if Lessee properly elects the Sale Option and remarkets the Units Premises in accordance with Article IX XXII of the Lease, Lessee shall only be required to pay the Sales Proceeds of the sale of the Units Premises and, if the Sales Proceeds are less than the Lease Balance, the amount of such difference but not more than the Applicable Percentage Sale Recourse Amount, all in accordance with Article IX XXII of the Lease, and any amounts due pursuant to Section 7.3 7.7 hereof and Section 9.4 22.3(a) of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable); and (iv) upon the occurrence and continuance of a Lease Event of Default resulting in an acceleration of Lessee's obligation to purchase the Units Premises under the LeaseLease and except as specifically provided in Section 7.9 hereof, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by Lessee to Participants, Agent and Certificate Trustee under the Operative Documents.

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it (a) It is the intention of Lessee, Certificate Trustee the Lessee and the Participants that: that (i) from and after the Completion Date, 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 in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Yield accrued on the Certificates Lessor Investment and payable with respect to the Rent Assignee Advances under each Rent Assignment Agreement due on each Payment Date; (ii) if the Lessee elects the Early Termination Option or the Purchase Option or becomes obligated to purchase the Units under the LeaseOption, the outstanding principal of the Notes, Rent Assignment Advances and the Certificate AmountsLessor Investment, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Participants, Agent Agents and Certificate Trustee the Participants shall be paid in full by the Lessee in accordance with Article IX XX or Article XXI of the Lease, as applicable; (iii) if the Lessee properly elects the Sale Return Option and remarkets the Units Leased Property in accordance with Article IX XXII of the Lease, in the absence of a Default or Event of Default or a default under the Lease, the Lessee shall only be required to pay the Sale Proceeds of the sale of the Units andLeased Property (in an amount not to exceed the Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of the Lease), and if the Sale Proceeds are less than the Lease Balance, the lesser of (x) the amount of such difference but not more than and (y) the Applicable Percentage Return Price Recourse Deficiency Amount, all in accordance with Article IX XXII of the Lease, and any amounts due pursuant to Section 7.3 Article VII hereof and Section 9.4 22.3(a) of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable); and (iv) upon the occurrence and continuance of a Lease an Event of Default resulting in an acceleration or a default under the Lease that is not solely a Limiting Event pursuant to Section 18.1(b) of Lessee's obligation the Lease or that is not subject to purchase the Units under limitations of Section 18.5 of the Lease, the amounts then due and payable by the Lessee under the Lease and the Construction Agent under the Construction and Development Agreement shall include all amounts necessary to pay in full the outstanding principal under with respect to the Notes, Rent Assignment Advances and the Certificate Amounts Lessor Investment and all accrued Interest and Yield thereonon the Lease Balance, plus all other amounts then payable by the Lessee to Participants, Agent the Agents and Certificate Trustee the Participants under the Operative Documents.

Amounts Due. (a) Anything else herein or elsewhere to the contrary notwithstanding, it is the intention of Lessee, Certificate Trustee and Participants that: that (i) the amount and timing of installments of Interim Rent and Basic Rent due and payable from time to time from Lessee under the Lease shall be equal to the aggregate payments due and payable in respect of principal amortization of the Notes, if any, Interest accrued on the Notes and Notes, Yield accrued on the Certificates and principal, if any, due with respect to the Notes, on each Payment Date; (ii) if Lessee elects the Early Termination Option or the Purchase Option or becomes obligated to purchase the Units under the LeaseOption, the principal of the Notes, the Certificate Amounts, all Interest and Yield thereon, all Fees and Transaction Costs and all other obligations of Lessee owing to the Participants, Agent and Certificate Trustee shall be paid in full by Lessee in accordance with Article IX 12.1(b) of the Lease; (iii) if Lessee properly elects the Sale Option and remarkets sells or returns the Units Items of Equipment in accordance with Article IX 12 of the Lease, Lessee shall only be required to pay the Proceeds Sale Proceeds, if any, of the sale of the Units Items of Equipment and, if the Sale Proceeds are less than the LSI Trust No. 2001-A Participation Agreement Lease Balance, the lesser of (x) the amount of such difference but not more than and (y) the Applicable Percentage Amount, all in accordance with Article IX 12 of the Lease, and any amounts due pursuant to Section 7.3 7.7 hereof and Section 9.4 of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payable); and (iv) upon the occurrence and continuance of a Lease Event of Default resulting in an acceleration of Lessee's obligation to purchase all but not less than all of the Units Items of Equipment under the Lease, the amounts then due and payable by Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under the Notes, the Certificate Amounts and all accrued Interest and Yield thereon, plus all other amounts then payable by Lessee to Participants, Agent and Certificate Trustee under the Operative Documents.

Amounts Due. Anything else herein or elsewhere to the contrary notwithstanding, it (a) It is the intention of Lessee, Certificate Trustee the Lessee and the Participants that: 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 in respect of principal amortization of the Notes, if any, Interest Yield accrued on and payable with respect to the Notes Rent Assignment Advances under each Rent Assignment Agreement due on each Payment Date and Yield accrued on and payable with respect to the Certificates Lessor Retained Interest due on each Payment Date; (ii) if the Lessee elects the Early Termination Option or elects or is deemed to have elected the Purchase Option or becomes obligated to purchase the Units under the LeaseOption, the outstanding principal of the NotesRent Assignment Advances, Lessor Retained Interest and the Certificate AmountsLessor Investment, all Interest and Yield thereonon the Guaranteed Lease Balance, all Lessor’s Gain, any Break Amount, all Fees and Transaction Costs and all other obligations of the Lessee owing to the Participants, Agent Agents and Certificate Trustee the Participants shall be paid in full by the Lessee in accordance with Article IX XX or Article XXI of the Lease, as applicable; (iii) if Lessee properly elects upon a proper election of the Sale Return Option and remarkets the Units in accordance with Article IX XXII of the Lease, in the absence of a Default or Event of Default, the Lessee shall only be required to pay the Sale Proceeds of the sale of the Units andLeased Property (in an amount not to exceed the Adjusted Lease Balance, any excess being payable to the Lessee, except in the case of application of Section 22.4 of the Lease), and if the BUSINESS.29620189.12 Sale Proceeds are less than the Adjusted Lease Balance, the lesser of (x) the amount of such difference but not more than and (y) the Applicable Percentage Recourse Deficiency Amount, all in accordance with Article IX XXII of the Lease, and any amounts due pursuant to Section 7.3 Article VII hereof and Section 9.4 22.3(a) of the Lease (which aggregate amounts may be less than the Lease Balance) together with all other Supplemental Rent then due and payableLease; and (iv) upon the occurrence and continuance of a Lease Default or an Event of Default resulting in an acceleration of Lessee's obligation to purchase the Units under the LeaseDefault, the amounts then due and payable by the Lessee under the Lease shall include all amounts necessary to pay in full the outstanding principal under with respect to the NotesRent Assignment Advances, the Certificate Amounts Lessor Retained Interest and the Lessor Investment and all accrued Interest and Yield thereonon the Guaranteed Lease Balance, plus Lessor’s Gain, plus all other amounts then payable by the Lessee to Participants, Agent the Agents and Certificate Trustee the Participants under the Operative Documents.