Common use of Execution of Operative Agreements Clause in Contracts

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.

Appears in 1 contract

Samples: Participation Agreement (Kansas City Southern)

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Execution of Operative Agreements. On or before the Delivery Closing 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 Closing Date, an Assignment of Warranties in respect of the Units to be purchased by Lease Supplement, the Trust from the Seller on the Delivery Date, a Lease Supplement and an Indenture Supplement, in each case with respect to of the Units to for which settlement will be purchased made on the Delivery Date, Closing 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 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 (Kansas City Southern)

Execution of Operative Agreements. On or before the Delivery Closing Date, each of this Agreement, the documents referred to in Section 4.1(a)(1) and Section 4.1(a)(3) shall be in full force and effect and Trust Agreement, the Equipment Notes to be issued on Guaranty, the Delivery DateLease, an Assignment of Warranties the Lease Supplements in respect of the Units to be purchased by the Trust from the Seller delivered on the Delivery Closing Date, a Lease Supplement and an the Indenture, the Indenture Supplement, Supplements in each case with respect to of the Units to be purchased delivered on the Delivery Closing Date, the Equipment Notes, the Pass Through Trust Agreement, the Pass Through Trust Supplements and the Underwriting Agreement shall each be satisfactory in form and substance to such Participant and Indenture TrusteeParticipant, 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 '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 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 (Gatx Rail Corp)

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Execution of Operative Agreements. On or before the each 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 such Delivery Date, an Assignment of Warranties in respect of the Units to be purchased by the Trust from the Seller on the such Delivery Date, a the Lease Supplement and an Supplement, the Indenture Supplement, in each case with respect to the Units to for which settlement will be purchased made on the such Delivery Date, 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 such Delivery 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 (Kansas City Southern)

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