Certain Intentions of the Parties. 8 Section 5.1. Nature of Transaction.................................................................... 8 Section 5.2. Amounts Due Under the Lease.............................................................. 9
Certain Intentions of the Parties. SECTION 5.1.
Certain Intentions of the Parties. Anything else herein, in any other Operative Document, or elsewhere to the contrary notwithstanding, it is the intention of Guarantor, the Lessee, the Lessor, the Facility Lender, the Lenders and the Agent Bank (and, assuming enforcement of the Operative Documents in accordance with their terms, it is the representation and warranty of the Guarantor and the Lessee) 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 for interest on the Loans and Certificate Earnings on the Lessor Investment Amounts on each Payment Date (to the extent such interest and Certificate Earnings are not Property Costs with respect to Construction Period Properties permitted to be funded by Interest Payment Loans or increases to Lessor Investment Amounts by capitalization thereof during a Construction Period) and that such interest amount payable on the Loans shall at all times equal the aggregate accrued interest on the principal amount of Facility Loans and the Interest Component of maturing Commercial Paper Notes (with the express understanding that any interest on the Facility Loans or Interest Component of maturing Commercial Paper Notes not paid with Lender Basic Rent payments due to such capitalization of the interest on the Loans will be paid by the proceeds of new Commercial Paper Notes or Facility Loans); (ii) the amount and timing of Supplemental Rent payable by the Lessee shall include amounts equal to the mandatory prepayments of the Loans required pursuant to Section 2.4 of the Loan Agreement which shall equal the amount of maturing Commercial Paper Notes not repaid by the issuance of new Commercial Paper Notes or Liquidity Loans to the extent set forth in Section 5.6; (iii) if the Lessee elects the Purchase Option or becomes obligated to purchase any Property under the Lease, the Loans, the Lessor Investment Amounts, all interest, Certificate Earnings and Facility Fees related to such Property and all other obligations of the Lessee owing to the Lessor, the Facility Lender, the Lenders and the Agent Bank relating thereto shall be paid in full by the Lessee so that the aggregate Property Costs (including amounts owing by the Construction Agent pursuant to the Construction Agency Agreement with respect to Construction Period Properties) shall at all times equal the sum of (x) the Facility Loans, plus (y) the Interest Component and Princi...
Certain Intentions of the Parties. 19 SECTION 5.1. Nature of Transaction.................................. 19 SECTION 5.2. Amounts Due Under Lease................................ 20 SECTION 5.3. Distribution........................................... 21 SECTION 5.4 Adjustments............................................ 25 ARTICLE VI CONDITIONS PRECEDENT TO ADVANCES AND REQUIREMENT FOR COMPLETION................................................. 25 SECTION 6.1. Conditions Precedent to Initial Advance................ 25 SECTION 6.2. Conditions Precedent to Each Advance................... 33 SECTION 6.3. Deliveries Upon Substantial Completion................. 36 ARTICLE VII REPRESENTATIONS................................................ 37 SECTION 7.1. Representations of the Participants.................... 37 SECTION 7.2. Representations of Lessee and Guarantor................ 39 SECTION 7.3. Representations of Lessor.............................. 48 TABLE OF CONTENTS (continued)
Certain Intentions of the Parties. 15 Section 5.1 Nature of Transaction . . . . . . . . . . . . 15 Section 5.2 Amounts Due Under the Lease . . . . . . . . . 16
Certain Intentions of the Parties. Subject to the terms and conditions contained in this Agreement, the parties to this Agreement intend to effect the merger of the Company with and into the Acquiror, with the Acquiror being the corporation surviving such merger. It is the intention of the parties to this Agreement that the business combination contemplated hereby be treated as a "reorganization" under Section 368(a) of the Internal Revenue Code of 1986, as amended.
Certain Intentions of the Parties. Anything else herein, in any other Operative Document, or elsewhere to the contrary notwithstanding, it is the intention of Guarantor, the Lessee, the Lessor, the Facility Lender and the Indenture Trustee (and, assuming enforcement of the Operative Documents in accordance with their terms, it is the representation and warranty of the Guarantor and the Lessee) 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 for interest on the Loan and Certificate Earnings on the Lessor Investment Amount on each Payment Date and
Certain Intentions of the Parties. 18 SECTION 5.1. Nature of Transaction............................................... 18 SECTION 5.2. Amounts Due......................................................... 19
Certain Intentions of the Parties. 9 SECTION 5.1 Intent....................................................................................... 9 SECTION 5.2
Certain Intentions of the Parties. 10 SECTION 5.1. Nature of Transaction.....................................................................10 SECTION 5.2. Amounts Due Under Lease...................................................................12 SECTION 5.3. Distribution..............................................................................12 SECTION 5.4. Adjustments...............................................................................16
