Common use of Execution of Operative Agreements Clause in Contracts

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.

Appears in 2 contracts

Samples: Participation Agreement (Trinity Industries Inc), Participation Agreement (Trinity Industries Inc)

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Execution of Operative Agreements. (i) On or before the Closing Date, --------------------------------- this Agreement, the Trust Agreement, the Lease, the Lease Supplement Supplements in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement Supplements in respect of the Units delivered on the Closing Date, the Equipment NoteNotes, the Pass Through Documents, the Transfer and Assignment Trust 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 Pass Through 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 documentsSupplements, the Management Agreement, the Insurance Agreement Agreement, the Transfer and Contribution Agreement, the Xxxx of Sale, the GATC Xxxx of Sale, the Intercreditor Agreement, the Underwriting Agreement, the Lockbox Agreement, the Owner Trustee Parent Guaranty and the Administrative Services AgreementOwner Participant Parent Guaranty (if any) 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.

Appears in 1 contract

Samples: Participation Agreement (General American Railcar Corp Ii)

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 XXXX Xxxx of Sale, the TILC Assignment, the Bill Xxxx of Sale, the AssixxxxxxAssignment, xhe the OP Guaranty, the Trinity GuarantxGuaranty, xhe the 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.

Appears in 1 contract

Samples: Participation Agreement (Trinity Industries Inc)

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 Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the TILC Bill Pledged Equipment Transfer and Assignment Agreement, the XXXX Xxxx of Sale, the Pledged Equipment Xxxx of Sale, the TILC Pledged Equipment Assignment, the TILC Assignment, the Bill Xxxx of Sale, the Assixxxxxx, xhe OP GuarantyAssignment, the Trinity Guarantx, xhe Second Supplement to Marks Company Trust Supplement, the Second Amended and Restated Collateral Agency Agreement, the First Amendment to Control Administrative Services Agreement, the Amended and Restated Blocked Account AgreementOP Guaranty, 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) Trinity Guaranty 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.

Appears in 1 contract

Samples: Participation Agreement (Trinity Industries Inc)

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Execution of Operative Agreements. (i) On or before the Initial Closing Date, this Agreement, the Trust Agreement, the Lease, the Lease Supplement Supplements in respect of the Units delivered on the Initial Closing Date, the Indenture, the Indenture Supplement Supplements in respect of the Units delivered on the Initial Closing Date, the Equipment Note, Notes in respect of the Units delivered on the Initial Closing Date and the Pass Through DocumentsTrust Agreement, and on or before the Subsequent Closing Date, the Transfer and Assignment AgreementLease Supplements, 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 Indenture Supplements and the Omnibus Amendment Agreement (amendingEquipment Notes in respect of the Units delivered on the Subsequent Closing Date, 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, effect and executed counterparts of each shall have been delivered to such Participant or its counsel on or before the such Closing Date; and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (Union Tank Car Co)

Execution of Operative Agreements. (i) On or before the Closing Date, --------------------------------- this Agreement, the Trust Agreement, the Lease, the Lease Supplement Supplements in respect of the Units delivered on the Closing Date, the Indenture, the Indenture Supplement Supplements in respect of the Units delivered on the Closing Date, the Equipment NoteNotes, the Pass Through DocumentsTrust Agreement, the Pass Through Trust Supplements, the Management Agreement, the Insurance Agreement, the Transfer and Assignment Agreement, the TILC Bill Xxxx of Sale, the TILC Assignment, the Bill GATC Xxxx 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 Intercreditor Agreement, the First Amendment to Control Agreement, the Amended and Restated Blocked Account Agreement, the Equity Collateral Security Agreement, the Equity Collateral Control Underwriting Agreement and the Omnibus Amendment Lockbox 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; [Participation Agreement (GARC II 98-A)] and no event shall have occurred and be continuing that constitutes a Lease Default or an Indenture Default.

Appears in 1 contract

Samples: Participation Agreement (General American Railcar Corp Ii)

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