Equipment Financing Clause Samples

Equipment Financing. (a) Within nine (9) months following the Closing Date, secure a binding commitment from MedCath Incorporated or one or more third party lenders (each, in such capacity, an "Equipment Lender" and collectively, the "Equipment Lenders") to finance the purchase or lease by the Borrower of the equipment to be included within the Project (the "Equipment Loan Financing"). The terms and conditions of each such commitment shall be in form and substance satisfactory to the Administrative Agent. Such terms and conditions shall include, without limitation, the following: (a) an interest rate not to exceed the Five-Year US Treasury Yield plus 7%, (b) a term of not less than thirty-six (36) months or more than one hundred twenty (120) months and (c) an amount equal to not less than eighty percent (80%) or more than one hundred percent (100%) of the cost of the equipment. (b) Maintain the Equipment Loan Financing (after obtaining it as required pursuant to Section 7.16(a)); provided that the terms and conditions of the Equipment Loan Financing shall not be amended, modified or changed in a manner which is adverse in any respect to the rights or interests of the Administrative Agent or the Lenders unless approved in writing by the Administrative Agent

Equipment Financing. Tenant shall have the right from time to time to pledge, encumber or grant a security interest in its equipment, inventory, merchandise, trade fixtures and personal property, but not any equipment, fixtures or leasehold improvements or alterations which belong to, inure to the benefit of, or will belong to Landlord after the expiration or earlier termination of the Lease including any Tenant Alterations (collectively, the “Collateral”) in connection with financing or refinancing thereon by Tenant. Landlord will promptly execute following written request a waiver or release of lien rights and consent instrument in form and content reasonably acceptable to Landlord; provided, however, that any such instrument shall describe the Collateral with particularity and provide that (a) any entry into the Premises by such secured party may only be accomplished by prior written notice to Landlord and Landlord’s property manager and must occur during the Term of this Lease, (b) any secured property which remains in the Premises after the expiration or earlier termination of this Lease may be disposed of by Landlord in accordance with California law, (c) the secured party may not conduct an auction or other sale at the Premises, (d) prior to entering the Premises, such secured party must provide Landlord with evidence of insurance reasonably required by Landlord, must agree to act in a manner so as to minimize interference with other tenants and to comply with Landlord’s Rules and Regulations for the Project.

Equipment Financing. Responsibility for any equipment financing associated with the wireless subscription/device must be assumed by the new customer. Fast Forward – Responsibility for any Fast Forward charges associated with the wireless subscription must be assumed by the new customer. Fast Forward financing is not available with a Business Wireless Flex Contract. Any Fast Forward financing must be paid in full by the transferring customer before this transfer can be effective for a new customer choosing a Business Wireless Flex Contract.

Equipment Financing. Subject to the provisions of this Section 44(s), during the Term, Landlord waives any statutory landlord’s lien and any attachment for Rent on Tenant’s Property and on any Alteration of Tenant that is not required to be surrendered to Landlord at the expiration or sooner termination of the Term of this Lease (collectively, “Personalty”) that Landlord may have or may hereafter acquire. Landlord acknowledges and agrees that Tenant’s Personalty may be leased from an equipment lessor or encumbered by Tenant’s lender (collectively, “Equipment Lessor”) and that Tenant may execute and enter into an equipment lease or security agreement with respect to such Personalty (“Equipment Lease”). If and to the extent required by any Equipment Lease or Equipment Lessor, Landlord shall execute and deliver to the Equipment Lessor a written consent, waiver and/or acknowledgment which is in form and content reasonably acceptable to Landlord (“Lien Waiver”) in which Landlord (i) acknowledges and agrees that, during the Term, the Personalty which is the subject of the Equipment Lease and described with specificity on an exhibit to the Lien Waiver constitutes the personal property of Tenant (unless contrary to the provisions of this Lease), and shall not be considered to be part of the Premises, regardless of whether or by what means they become attached thereto, (ii) agrees that, during the Term, it shall not claim any interest in such Personalty, and (iii) agrees that Equipment Lessor may enter the Premises for the purpose of removing such Personalty, but only if, in such consent such Equipment Lessor agrees to repair any damage resulting from such removal and to indemnify and hold harmless Landlord from and against any claim or other loss that results from such entry and, agrees, within 3 business days after the expiration or termination of the Term to pay all Rent that would accrue under the Lease if it had not terminated or expired for the period from the expiration or termination of such Lease until 5 business days after such Equipment Lessor relinquishes its right rights to enter into the Premises; provided, further, such Equipment Lessor’s right to enter the Premises shall in any event expire 30 days after the expiration or termination of the Lease in which case the Equipment Lessor and Tenant shall agree that the Personalty shall be deemed abandoned. Such Lien Waiver documents also may contain such other reasonable and customary provisions that are reasonably acceptable ...

Equipment Financing. During the Term, the aggregate amount of principal, interest and lease payments due from Lessee and the Sublessees on any equipment financing shall not exceed Twenty Five Thousand Dollars ($25,000) annually per Facility.

Equipment Financing. Indebtedness of the Borrowers with respect to equipment leases or equipment chattel mortgages, including any such Indebtedness assumed in connection with an acquisition permitted under Section 7.4.

Equipment Financing. 67 SECTION 7.17 Maintenance of Licenses, Etc............................................................ 67 SECTION 7.18 Insurance............................................................................... 67 SECTION 7.19

Equipment Financing. Subject to the Prime Lease and compliance with any requirements of Prime Landlord, Subtenant shall be permitted to grant a security interest in any and all moveable equipment owned or leased by Subtenant located in the Subleased Premises (collectively, the “Collateral Property”) in connection with customary financing secured by such Collateral Property, provided that: (i) such moveable equipment can be removed from the Subleased Premises, (ii) the secured party shall agree to repair any damage to the Subleased Premises and/or the Building caused by its removal of any Collateral Property therefrom and to indemnify Sublandlord and Prime Landlord with respect to same; and (iii) such secured party shall execute an agreement substantially in the form attached to the Non-Disturbance Agreement (as defined in the Third Lease Amendment) as Exhibit B. The rights granted by this Section 33 are personal to Named Subtenant and any Permitted Transferee. 18

Equipment Financing i. Customer shall provide HTWC with equipment financing in the amount of Five Hundred Thousand Dollars ($500,000.00 USD) (the “Equipment Financing”). The payment for the Equipment Financing shall be made by Customer as follows: 1. Within five (5) business days of the the execution of this Agreement, Customer shall pay Fourteen Thousand Five Hundred Ninety-Five Dollars ($14,595.00 USD) directly to HTWC’s vendor, Van Der ▇▇▇▇▇, for an integrated peel tester; 2. Within five (5) business days of the, Customer shall pay One Hundred Thirty-Eight Thousand Three Hundred Thirty-One Dollars and 33/100ths ($138,331.33 USD) directly to HTWC’s vendor, SP VirTis, for a freeze dryer; 3. Within five (5) business days of the, Customer shall pay Two Hundred Fifty Four Thousand Eight Hundred Fifty-Two Dollars and 77/100ths ($254,852.77 USD) to HTWC; and 4. in accordance with the invoice terms for the final installment for the purchase of the freeze dryer, Ninety-Two Thousand Two Hundred Twenty and 90/100ths ($92,220.90) to HTWC’s vendor, SP VirTis.