Common use of Duty of Lessee to Furnish Clause in Contracts

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below), and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider and the Rating Agency an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below), (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units as Lessor, Collateral Agent or Policy Provider may reasonably request, (b) stating that, in the case of all Units repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by the Units and the Other Units for the prior calendar quarter as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below)2002, and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider Trustee and the Rating Agency an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units as Lessor, Collateral Agent or Policy Provider Lessor may Lease Agreement (TRLI 2001-1C) reasonably request, (b) stating that, in the case of all Units repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by all railcars in the Units Total Managed Fleet (or by the Units, if and to the Other Units extent generally made available to the Manager in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 2005 (or December July 31, 2004 2005 with respect to clause (c) below), and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider and the Rating Agency an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below), (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units as Lessor, Collateral Agent or Policy Provider may reasonably request, (b) stating that, in the case of all Units repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by the Units and the Other Units for the prior calendar quarter as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December July 31, 2004 with respect to clause (c) below)2002, and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) July 31 thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider Trustee and the Rating Agency an accurate statement, as of Lease Agreement (TRLI 2001-1B) the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)March 31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December March 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by all railcars in the Units Total Managed Fleet (or by the Units, if and to the Other Units extent generally made available to the Manager in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December July 31, 2004 with respect to clause (c) below)2001, and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) July 31 thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider Trustee and the Rating Agency an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)March 31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December March 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by all railcars in the Units Total Managed Fleet (or by the Units, if and to the Other Units extent generally made available to the Manager in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below)1999, and ------------------------- on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider Trustee and the Rating Agency Agencies an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units Equipment as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units Equipment repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by all railcars in the Units Total Managed Fleet (or by the Units, if and to the Other Units extent generally made available to the Manager in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) ), and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and FRA, the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units Equipment in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below)1999, and ------------------------- on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, the Indenture Trustee, Policy Provider Trustee and the Rating Agency Agencies an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units Equipment as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units Equipment repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in the United States and in each of Canada and Mexico based on the total mileage traveled by all railcars in the Units Total Managed Fleet (or by the Units, if and to the Other Units extent generally made available to the Manager in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) ), and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units Equipment in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000interchange.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below)2001, and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, Participant and the Indenture Trustee, Policy Provider and the Rating Agency Trustee an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units Equipment as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units Equipment repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in each state in the United States and in each of both Canada and Mexico based on the total mileage traveled by all railcars in Lessee's fleet (or by the Units Units, if and to the Other Units extent generally made available to Lessee in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager Lessee by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) ), and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units Equipment in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000interchange.

Duty of Lessee to Furnish. On or before April 30, 2004 (or December 31, 2004 with respect to clause (c) below)------------------------- 2001, and on or before each April 30 (or each March 31, June 30, September 30 and December 31, with respect to clause (c) below) thereafter, Lessee will furnish (or cause the Manager under the Management Agreement to furnish) to Lessor, Owner Participant, Loan Participant, Participant and the Indenture Trustee, Policy Provider and the Rating Agency Trustee an accurate statement, as of the preceding December 31 (or, as of the end of the preceding calendar quarter with respect to clause (c) below)31, (a) showing the amount, description and reporting marks of the Units then leased hereunder, the amount, description and reporting marks of all Units that may have suffered an Event of Loss during the 12 months ending on such December 31 (or since the Closing Date, in the case of the first such statement), and such other information regarding the condition or repair of the Units Equipment as Lessor, Collateral Agent or Policy Provider Lessor may reasonably request, (b) stating that, in the case of all Units Equipment repainted during the period covered by such statement, the markings required by Section 4.2 hereof shall have been preserved or replaced, (c) showing the percentage of use in each state in the United States and in each of both Canada and Mexico based on the total mileage traveled by all railcars in Lessee's fleet (or by the Units Units, if and to the Other Units extent generally made available to Lessee in the ordinary course with respect to railcars in general interchange service similar to the Units) for the prior calendar quarter year as reported to the Manager Lessee by railroads (provided, that Lessee shall cooperate with Owner Participant and Lessor and shall provide such additional information on such matters as Owner Participant or Lessor may reasonably request to enable Owner Participant and Lessor to pursue or fulfill their respective tax audit and tax litigation rights and obligations) ), and (d) stating that Lessee is not aware of any condition of any Unit which would cause such Unit not to comply in any material respect with the rules and regulations of the FRA and the interchange rules of the Field Manual of the AAR as they apply to the maintenance and operation of the Units Equipment in interchange and any other requirements hereunder. Lessee will provide Lessor and Policy Provider with prompt notice, but in any event within 30 days of (i) any legal proceeding relating to any Unit or Pledged Unit, alleging that Lessee is liable for an amount in excess of $5,000,000 or that Lessor, the Owner Participant, the Indenture Trustee or the Policy Provider is alleged to be liable for an amount in excess of $100,000, (ii) actual knowledge of or receipt of written notice alleging that any Unit or Pledged Unit (or group of Units or Pledged Units) violates any environmental law where the aggregate cost of placing such Unit or Pledged Unit or group of Units or Pledged Units into compliance is likely to exceed $100,000 or (iii) actual knowledge of or receipt of written notice of any incident involving any Unit or Pledged Unit alleging personal injury or property damage (including damage to the environment) including costs of remediation, in excess of $1,000,000interchange.