Common use of Casualty Proceeds Clause in Contracts

Casualty Proceeds. All proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee or any Affiliate of a Lessee by reason of a Casualty or Partial Casualty to a Vehicle shall be deposited into a deposit account established by Agent for the benefit of the Lessors (the "Deposit Account"), unless the applicable Lessee shall have already complied with the applicable provisions of Section 5.4 or 6.1 with respect to such Casualty or Partial Casualty. Any Casualty Proceeds paid to Agent with respect to a Vehicle suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies in the Deposit Account attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative after the applicable Lessee's full compliance with Section 6.1 or Section 5.4, as applicable. Notwithstanding the foregoing provisions of this Section 6.2, and provided that no Incipient Default consisting of an event described in Section 8.1(a) or (g) or an Event of Default shall exist, if the aggregate amount of Casualty Proceeds at any one time outstanding is $250,000 or less, then Lessees' Representative (on behalf of the applicable Lessee) may receive such Casualty Proceeds directly, without delivery to Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 or Section 5.4, as applicable. Notwithstanding any Casualty, all of the applicable Lessee's obligations under this Lease and each Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this Lease. Without limiting the foregoing, no Lessee's obligations under Section 5.4 shall be affected by the amount of any Casualty Proceeds received by such Lessee.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

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Casualty Proceeds. All proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee or any Affiliate of a Lessee by reason of a Casualty or Partial Casualty to a Vehicle shall be deposited into a deposit account established by Agent Agent, for the benefit of the Lessors (the "Deposit Account"), unless the applicable Lessee shall have already complied with the applicable provisions of Section 5.4 or 6.1 with respect to such Casualty or Partial Casualty. Any Casualty Proceeds paid to Agent with respect to a Vehicle suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies moneys in the Deposit Account attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative Lessee after the applicable Lessee's full compliance with Section 6.1 or Section 5.4, as applicable. Notwithstanding the foregoing provisions of this Section 6.2, and provided that no Incipient Default consisting of an event described in Section 8.1(a8.1 (a) or (g) or an Event of Default shall exist, if the aggregate amount of Casualty Proceeds at any one time outstanding is [$250,000 250,000] or less, then Lessees' Representative (on behalf of the applicable Lessee) Lessee may receive such Casualty Proceeds directly, without delivery to Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 or Section 5.4, as applicable. Notwithstanding any Casualty, all of the applicable Lessee's obligations under this Lease and each Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this Lease. Without limiting the foregoing, no Lessee's obligations under Section 5.4 shall not be affected by the amount of any Casualty Proceeds received by such Lessee.

Appears in 1 contract

Samples: Participation Agreement (Yellow Roadway Corp)

Casualty Proceeds. All proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee or any Affiliate of a Lessee by reason of a Casualty or Partial Casualty to a Vehicle any item of Equipment shall be deposited into a deposit account established by Agent Administrative Agent, for the benefit of the Lessors (the "Deposit Account"), unless the applicable Lessee shall have already complied for purposes of funding Lessee's compliance with the applicable provisions of Section 5.4 or 6.1 with respect to such Casualty or Partial Casualty. The balance in the Deposit Account shall be invested in overnight cash equivalent investments. Any Casualty Proceeds paid to Administrative Agent with respect to a Vehicle any item of Equipment suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies moneys in the Deposit Account and all proceeds thereof attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative after the applicable Lessee upon Lessee's full compliance written certification to Lessor that the proceeds of the Deposit Account have been, or are to be, used to comply with Section 6.1 or Section 5.4, as applicable. Notwithstanding the foregoing provisions of this Section 6.2, and provided that no Incipient Default consisting of an event described in Section 8.1(a8.1 (a) or (g) or an and no Event of Default shall existhas occurred and is continuing, if the aggregate amount of Casualty Proceeds at any one time outstanding is $250,000 1,000,000 or less, then Lessees' Representative (on behalf of the applicable Lessee) may Lessee shall receive such Casualty Proceeds directly, without delivery to Administrative Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 or Section 5.4, as applicable. Notwithstanding any Casualty, all of the applicable Lessee's obligations under this Lease and each the Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this Lease. Without limiting the foregoing, no Lessee's obligations under Section 5.4 shall not be affected by the amount of any Casualty Proceeds received by such Lessee.

Appears in 1 contract

Samples: Master Lease (Weatherford International Inc /New/)

Casualty Proceeds. All proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee or any Affiliate of a Lessee by reason of a Casualty or Partial Casualty to a Vehicle shall be deposited into a deposit account established by Agent Agent, for the benefit of the Lessors Lessors, (the "Deposit Account"), unless the applicable Lessee shall have already complied with the applicable provisions of Section 5.4 or 6.1 with respect to such Casualty or Partial Casualty. Any Casualty Proceeds paid to Agent with respect to a Vehicle suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies moneys in the Deposit Account attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative Lessee after the applicable Lessee's Lessees full compliance with Section 6.1 or Section 5.4, as applicable. Notwithstanding the foregoing provisions of this Section 6.2, and provided that no Incipient Default consisting of an event described in Section 8.1(a8.1 (a) or (g) or an Event of Default shall exist, if the aggregate amount of Casualty Proceeds at any one time outstanding is $250,000 or less, then Lessees' Representative (on behalf of the applicable Lessee) Lessee may receive such Casualty Proceeds directly, without delivery to Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 or Section 5.4, as applicable. Notwithstanding any Casualty, all of the applicable Lessee's obligations under this Lease and each Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this Lease. Without limiting the foregoing, no Lessee's Lessees obligations under Section 5.4 shall not be affected by the amount of any Casualty Proceeds received by such Lessee.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

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Casualty Proceeds. All proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee or any Affiliate of a Lessee by reason of a Casualty or Partial Casualty to a Vehicle shall be deposited into a deposit account established by Agent Agent, for the benefit of the Lessors Lessors, (the "Deposit Account"), unless the applicable Lessee shall have already complied with the applicable provisions of Section 5.4 or 6.1 with respect to such Casualty or Partial Casualty. Any Casualty Proceeds paid to Agent with respect to a Vehicle suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies moneys in the Deposit Account attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative Lessee after the applicable Lessee's full compliance with Section 6.1 or Section 5.4, as applicable. Notwithstanding the foregoing provisions of this Section 6.2, and provided that no Incipient Default consisting of an event described in Section 8.1(a8.1 (a) or (g) or an Event of Default shall exist, if the aggregate amount of Casualty Proceeds at any one time outstanding is $250,000 or less, then Lessees' Representative (on behalf of the applicable Lessee) Lessee may receive such Casualty Proceeds directly, without delivery to Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 or Section 5.4, as applicable. Notwithstanding any Casualty, all of the applicable Lessee's obligations under this Lease and each Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this Lease. Without limiting the foregoing, no Lessee's obligations under Section 5.4 shall not be affected by the amount of any Casualty Proceeds received by such Lessee.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

Casualty Proceeds. All Subject to Section 5(f)(i) hereof, all proceeds of any casualty insurance or condemnation proceeds ("Casualty Proceeds") paid or payable to any Lessee Grantor or any Affiliate of a Lessee Grantor by reason of a Casualty or Partial Casualty to a Vehicle shall be deposited into a deposit account established by Agent for the benefit of the Lessors (the "Deposit Account"), unless the applicable Lessee Grantor shall have already complied with the applicable provisions of Section 5.4 5(c) or 6.1 5(f)(i) hereof with respect to such Casualty or Partial Casualty. Any Casualty Proceeds paid to Agent with respect to a Vehicle suffering a Casualty or a Partial Casualty shall also be deposited in the Deposit Account. Any monies moneys in the Deposit Account attributable to a Casualty or Partial Casualty shall be remitted promptly to Lessees' Representative Grantor after the applicable LesseeGrantor's full compliance with Section 6.1 5(f)(i) or Section 5.45(c) hereof, as applicable. Notwithstanding the foregoing provisions of this Section 6.25(f)(ii) hereof, and provided that no Incipient Default consisting of an event described in Section 8.1(a8.1 (a) or (g) of the Lease or an Event of Default shall exist, if the aggregate amount of Casualty Proceeds at any one time outstanding is $250,000 or less, then Lessees' Representative (on behalf of the applicable Lessee) Grantor may receive such Casualty Proceeds directly, without delivery to Agent; provided, that such Casualty Proceeds are applied in accordance with the requirements of Section 6.1 5(f)(i) or Section 5.45(c) hereof, as applicable. Notwithstanding any Casualty, all of the applicable LesseeGrantor's obligations under this the Lease and each Lease Supplement (including its obligation to make all payments of Rent as they become due) shall continue unabated and in full force and effect as provided in this the Lease. Without limiting the foregoing, no LesseeGrantor's obligations under Section 5.4 5(c) hereof shall not be affected by the amount of any Casualty Proceeds received by such LesseeGrantor.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

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