Common use of Insufficiency of Net Proceeds Clause in Contracts

Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 6.2(a) hereof, the Company will nonetheless complete the work and will pay any cost in excess of the amount of the Net Proceeds held by the Trustee. The Company agrees that if by reason of any such insufficiency of the Net Proceeds, the Company shall make any payments pursuant to the provisions of this Section 6.3, the Company shall not be entitled to any reimbursement therefor from the Issuer, the Trustee or the Owners, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.2 hereof. [END OF ARTICLE VI]

Appears in 4 contracts

Samples: Series J Loan Agreement (Sjit Inc), Series H Loan Agreement (Sjit Inc), Series J Loan Agreement (NPR Inc)

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Insufficiency of Net Proceeds. If the Net Proceeds of insurance are insufficient to pay in full the cost of any repair, restoration, modification modification, or improvement referred to in Section 6.2(a8.2(a) hereof, the Company will nonetheless complete the work and will pay any cost in excess of the amount of the Net Proceeds held by the Trustee. The Company agrees that if by reason of any such insufficiency of the Net Proceeds, the Company shall make any payments pursuant to the provisions of this Section 6.3Section, the Company shall not be entitled to any reimbursement therefor from the Issuer, the Trustee Trustee, or the OwnersOwners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section Sections 4.1 and 4.2 hereof. [END OF ARTICLE VI].

Appears in 2 contracts

Samples: Loan Agreement (American Railcar Industries, Inc./De), Loan Agreement (American Railcar Industries, Inc./De)

Insufficiency of Net Proceeds. If Unless the Company elects to redeem the Bonds under Section 5.2(b) above, if the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 6.2(a5.2(a) hereof, the Company will nonetheless complete the work and will pay any cost in excess of the amount of the Net Proceeds held by the Trustee. The Company agrees that if by reason of any such insufficiency of the Net Proceeds, the Company shall make any payments pursuant to the provisions of this Section 6.3Section, the Company shall not be entitled to any reimbursement therefor from the Issuer, the Trustee or the OwnersOwners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.2 hereof. [END OF ARTICLE VI].

Appears in 1 contract

Samples: Loan Agreement (Sleepmaster LLC)

Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 6.2(a) hereof, the Company will nonetheless complete the work and will pay any cost in excess of the amount of the Net Proceeds held by the Trustee. The Company agrees that if by reason of any such insufficiency of the Net Proceeds, the Company shall make any payments pursuant to the provisions of this Section 6.3, the Company shall not be entitled to any reimbursement therefor from the IssuerAuthority, the Trustee or the Owners, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.2 hereof. [END OF ARTICLE VI].

Appears in 1 contract

Samples: Jersey Economic Development Authority (Sjit Inc)

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Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification modification, or improvement referred to in Section 6.2(a7.2(a) hereof, the Company will nonetheless complete the work and will pay any cost in excess of the amount of the Net Proceeds held by the Trustee. The Company agrees that if by reason of any such insufficiency of the Net Proceeds, the Company shall make any payments pursuant to the provisions of this Section 6.3Section, the Company shall not be entitled to any reimbursement therefor from the Issuer, the Trustee Trustee, or the OwnersOwners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.2 5.3 hereof. [END OF ARTICLE VI].

Appears in 1 contract

Samples: Lease Agreement (American Railcar Industries, Inc.)

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