Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the Pledged Equipment Transfer and Assignment Agreement, the Pledged Equipment Xxxx of Sale, the TRLTII Pledged Equipment Assignment, the TRLTII Xxxx of Sale, the TRLTII Assignment, the Xxxx of Sale, the Assignment, the Collateral Agency Agreement, and the Administrative Services Agreement shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default, a Manager Default, an Indenture Default or to the knowledge of any party hereto, an Event of Loss.
Execution of Operative Agreements. (i) On or before the Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Pass Through Documents, the Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx, xhe OP Guaranty, the Trinity Guarantx, xhe Second Supplement to Marks Company Trust Supplement, the Second Amended and Restated Collateral Agency Agreement, the First Amendment to Control Agreement, the Amended and Restated Blocked Account Agreement, the Equity Collateral Security Agreement, the Equity Collateral Control Agreement and the Omnibus Amendment Agreement (amending, among other documents, the Management Agreement, the Insurance Agreement and the Administrative Services Agreement) shall each be satisfactory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.
Execution of Operative Agreements. On or before the Closing Date, the Lease, the Lease Supplement in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement in respect of the Units delivered on the Closing Date, the Equipment Note, the Transfer and Assignment Agreement, the TILC Bill of Sale, the TILC Assignment, the Bill of Sale, the Assixxxxxx xxd the OP Guaranty shall each be satxxxxctory in form and substance to such Participant, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party's obligations hereunder), shall each be in full force and effect, and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.
Execution of Operative Agreements. On or before the Delivery Date, each of the documents referred to in Section 4.1(a)(1) and Section 4.1(a)(3) shall be in full force and effect and the Equipment Notes to be issued on the Delivery Date, an Assignment of Warranties in respect of the Units to be purchased by the Trust from the Seller on the Delivery Date, a Lease Supplement and an Indenture Supplement, in each case with respect to the Units to be purchased on the Delivery Date, shall each be satisfactory in form and substance to such Participant and Indenture Trustee, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above by a party thereto shall not be a condition precedent to such party’s obligations hereunder), shall each be in full force and effect and executed counterparts of each shall have been delivered to such Participant and Indenture Trustee or its counsel on or before the Delivery Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.
Execution of Operative Agreements. On or prior to the Closing Date, each Operative Agreement shall have been duly executed, acknowledged and delivered by the respective parties thereto and shall be in full force and effect.
Execution of Operative Agreements. This Agreement, the Trust Agreement, the Lease, the Indenture, shall each be satisfactory in form and substance to the parties thereto, shall have been duly executed and delivered by the parties thereto, shall each be in full force and effect and executed counterparts of each shall have been delivered to each such party or its counsel; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.
Execution of Operative Agreements. This Agreement, the Trust Agreement, the Lease, the OP Guaranty, the Indenture, shall each be satisfactory in form and substance to the parties thereto, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of this Agreement and the other documents referred to above by a party hereto or thereto shall not be a condition precedent to such party’s obligations hereunder), shall each be in full force and effect and executed counterparts of each shall have been delivered to each such party or its counsel; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.
Execution of Operative Agreements. On or before the Closing Date, the following documents shall have been duly executed and delivered by the parties thereto (and copies thereof shall have been provided to the Trust Certificate Purchasers) and shall be in full force and effect, and no default shall exist in the performance by any party thereto (other than such Trust Certificate Purchaser) of any of its obligations thereunder:
Execution of Operative Agreements. On or before the Closing Date, this Agreement, the Indenture, the Indenture Supplement, the Pass Through Trust Agreement and the Pass Through Trust Supplement shall each be satisfactory in form and substance to the Indenture Trustee and the Pass Through Trustee, shall have been duly executed and delivered by the parties thereto (except that the execution and delivery of the documents referred to above (other than this Agreement) by a party hereto or thereto shall not be a condition precedent to such party’s obligations hereunder), shall each be in full force and effect and executed counterparts of each shall have been delivered to the Indenture Trustee and the Pass Through Trustee or its counsel on or before the Closing Date; and no event shall have occurred and be continuing that constitutes a Default.
Execution of Operative Agreements. This Agreement and each of the Operative Agreements executed and delivered by the Lender have been duly and properly executed by the Lender.
