Common use of Duty to Number and Xxxx Equipment Clause in Contracts

Duty to Number and Xxxx Equipment. With respect to the Units to be delivered on the Closing Date, Lessee represents that Manager has caused, and on or prior to the date on which a Lease Supplement is executed and delivered in respect of a Replacement Unit pursuant to Section 11.4(b) (or, if the applicable Replacement Unit is not in the possession of Lessee or the Manager, as soon as practicable and in any event no later than ten Business Days after the earliest date on which Lessee or the Manager obtains possession of such Replacement Unit (whether for purposes of repair or maintenance or otherwise)), Lessee will cause, each Unit to be numbered with the reporting xxxx shown on the Lease Supplement dated the date on which such Unit was delivered and covering such Unit, and will from and after such date keep and maintain, plainly, distinctly, permanently and conspicuously marked by a plate or stencil printed in contrasting colors upon each side of each Unit, in letters not less than one inch in height, a legend substantially as follows: "OWNERSHIP SUBJECT TO A SECURITY AGREEMENT FILED WITH THE SURFACE TRANSPORTATION BOARD" with appropriate changes thereof and additions thereto as from time to time may be required by law in order to protect Lessor's right, title and interest in and to such Unit, its rights under this Lease and the rights of the Indenture Trustee. Except as provided hereinabove, Lessee will not place any such Units in operation or exercise any control or dominion over the same until the required legend shall have been so marked on both sides thereof, and will replace promptly any such word or words in such legend which may be removed, defaced, obliterated or destroyed. In the event of a change in the reporting xxxx of any Unit, as soon as practicable (and in any event within 60 days after a Responsible Officer of the Manager has received notice of any such changed xxxx) a statement of the new reporting xxxx to be substituted therefor shall be delivered by Lessee to Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, to the Indenture Trustee. As soon as practicable, but in any event within 30 days, after the delivery of such statement a supplement to this Lease and, if not so discharged, the Indenture, with respect to such new reporting marks, shall be filed or recorded in all public offices where this Lease and the Indenture shall have been filed or recorded and in such other places, if any, where Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, the Indenture Trustee may reasonably request in order to protect, preserve and maintain its right, title and interest in the Units. The costs and expenses of all such supplements, filings and recordings shall be borne by Lessee.

Appears in 6 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc)

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Duty to Number and Xxxx Equipment. With respect to the Units to be delivered on the Closing Date, Lessee represents that Manager has caused, and on or prior to as soon as practicable after the date on which a Lease Supplement is executed and delivered in respect of a Replacement Unit pursuant to Section 11.4(b) (or, if the applicable Replacement Unit is not in the possession of Lessee or the Manager, as soon as practicable and in any event no later than ten Business Days after the earliest date on which Lessee or the Manager obtains possession of such Replacement Unit (whether for purposes of repair or maintenance or otherwise)), Lessee will cause, each Unit to be numbered with the its reporting xxxx shown on the Lease Supplement dated the date on which such Unit was delivered and covering such Unit, and will from and after such date keep and maintain, plainly, distinctly, permanently and conspicuously marked by a plate or stencil printed in contrasting colors upon each side of each Unit, in letters not less than one inch in height, a legend substantially as follows: "OWNERSHIP SUBJECT TO A SECURITY AGREEMENT FILED WITH THE SURFACE TRANSPORTATION BOARD" with appropriate changes thereof and additions thereto as from time to time may be required by law in order to protect Lessor's right, title and interest in and to such Unit, its rights under this Lease and the rights of the Indenture Trustee. Except as provided hereinabove, Lessee will not place any such Units in operation or exercise any control or dominion over the same until the required legend shall have been so marked on both sides thereof, and will replace promptly any such word or words in such legend which may be removed, defaced, obliterated or destroyed. In the event of a change in the reporting xxxx of any Unit, as soon as practicable (and in any event within 60 days after a Responsible Officer of the Manager has received notice of any such changed xxxx) , a statement of the new reporting xxxx to be substituted therefor shall be delivered by Lessee to Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, to the Indenture Trustee. As soon as practicable, but in any event within 30 days, practicable after the delivery of such statement a supplement to this Lease and, if not so discharged, the Indenture, with respect to such new reporting marks, shall be filed or recorded in all public offices where this Lease and the Indenture shall have been filed or recorded and in such other places, if any, where Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, the Indenture Trustee may reasonably request in order to protect, preserve and maintain its right, title and interest in the Units. The costs and expenses of all such supplements, filings and recordings shall be borne by Lessee.

Appears in 2 contracts

Samples: Equipment Lease Agreement (Trinity Industries Inc), Equipment Lease Agreement (Trinity Industries Inc)

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Duty to Number and Xxxx Equipment. With respect to the Units to be delivered on the Closing Date, Lessee represents that Manager has caused, and on or prior to as soon as practicable after the date on which a Lease Supplement is executed and delivered in respect of a Replacement Unit pursuant to Section 11.4(b) (or, if the applicable Replacement Unit is not in the possession of Lessee or the Manager, as soon as practicable and in any event no later than ten Business Days after the earliest date on which Lessee or the Manager obtains possession of such Replacement Unit (whether for purposes of repair or maintenance or otherwise)), Lessee will cause, each Unit to be numbered with the its reporting xxxx shown on the Lease Supplement dated the date on which such Unit was delivered and covering such Unit, and will from and after such date keep and maintain, plainly, distinctly, permanently and conspicuously marked by a plate or stencil printed in contrasting colors upon each side of each Unit, in letters not less than one inch in height, a legend substantially as follows: Lease Agreement (TRLI 2001-1C) "OWNERSHIP SUBJECT TO A SECURITY AGREEMENT FILED WITH THE SURFACE TRANSPORTATION BOARD" with appropriate changes thereof and additions thereto as from time to time may be required by law in order to protect Lessor's right, title and interest in and to such Unit, its rights under this Lease and the rights of the Indenture Trustee. Except as provided hereinabove, Lessee will not place any such Units in operation or exercise any control or dominion over the same until the required legend shall have been so marked on both sides thereof, and will replace promptly any such word or words in such legend which may be removed, defaced, obliterated or destroyed. In the event of a change in the reporting xxxx of any Unit, as soon as practicable (and in any event within 60 days after a Responsible Officer of the Manager has received notice of any such changed xxxx) , a statement of the new reporting xxxx to be substituted therefor shall be delivered by Lessee to Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, to the Indenture Trustee. As soon as practicable, but in any event within 30 days, practicable after the delivery of such statement a supplement to this Lease and, if not so discharged, the Indenture, with respect to such new reporting marks, shall be filed or recorded in all public offices where this Lease and the Indenture shall have been filed or recorded and in such other places, if any, where Lessor and, so long as the Indenture shall not have been discharged pursuant to its terms, the Indenture Trustee may reasonably request in order to protect, preserve and maintain its right, title and interest in the Units. The costs and expenses of all such supplements, filings and recordings shall be borne by Lessee.

Appears in 1 contract

Samples: Equipment Lease Agreement (Trinity Industries Inc)

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