Lease Transaction Sample Clauses

Lease Transaction. It is expressly understood and agreed that all of the Equipment shall be and remain personal property notwithstanding the manner in which it may be attached or affixed to realty, and the Lessee shall do all acts and enter into all agreements necessary to ensure that the Equipment remains personal property. The Lessee hereby indemnifies the Lessor for all loss, cost, damage and expense (including fees and expenses of legal counsel) related to or arising out of any claim that the Equipment constitutes a fixture or a part of the realty in or upon which it is located. The Lessee acknowledges and represents to the Lessor and agrees that: (a) It has selected the Equipment based on its inspection and own judgment and expressly disclaims any reliance upon prior statements made by the Lessor; (b) The Equipment is of a size, design, capacity and manufacture selected by the Lessee; (c) The Lessor is not a manufacturer of equipment of this kind; (d) The Lessee leases the Equipment AS IS; (e) THE LESSOR HAS NOT MADE ANY EXPRESS OR IMPLIED WARRANTIES, AND DOES NOT HEREBY MAKE, ANY REPRESENTATION OR WARRANTY OR COVENANT WITH RESPECT TO THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, QUALITY, DURABILITY, CAPACITY, CONFORMITY OR SUITABILITY OF THE EQUIPMENT FOR THE PURPOSES AND USES OF THE LESSEE, OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. The Lessor agrees, unless a Default has occurred hereunder and is continuing, that the Lessor will permit the Lessee to enforce in the Lessee’s own name and at the Lessee’s sole expense, any manufacturer’s warranty or agreement in respect to any Equipment (to the extent that such warranty or agreement is assignable); and (f) THE LESSOR SHALL NOT BE LIABLE FOR (I) ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, ITS OPERATION, OR THE INSTALLATION, USE MAINTENANCE, HANDLING, OR STORAGE THEREOF, OR BECAUSE IT IS OR BECOMES UNSUITABLE OR UNSERVICEABLE, OR FOR ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF, OR (II) ANY LOSS OF BUSINESS OR PROFITS OF THE LESSEE OR (III) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN TORT).

Lease Transaction. The Managing Member shall arrange for any facility acquired under this Section 10.11 to be made subject to a Lease Agreement and related documentation with AL Funding or an Affiliate thereof. The Managing Member shall satisfy and perform all conditions pursuant to such Lease Agreement and shall direct AL Funding or its Affiliate to satisfy all conditions of its debt financing.

Lease Transaction. (a) Prior to the Closing, GP agrees to cause the Company to transfer (the “Real Estate Transfer”) fee simple title (with no warranty of title) to the parcels of real estate set forth on Schedule 7.8(a) (the “Sale-Leaseback Property”) owned as of the date hereof by the Company to GP or one or more of its Affiliates. Buyer shall have the right to remove one or more properties from Schedule 7.8(a), provided the Buyer replaces such properties with one or more Retained Properties and the aggregate appraised value of replacement properties equals or exceeds the aggregate appraised value of the removed properties. (b) Each of GP and the Company agrees to use its respective commercially reasonable efforts to consummate a sale-leaseback transaction between GP and a third-party purchaser, pertaining to the Sale-Leaseback Property, it being understood that unless the parties otherwise mutually agree, the Buyer will in consultation with GP manage the process of negotiating with such third party purchaser. In connection with such sale-leaseback transaction, GP will enter into sublease agreements with the Company or its Subsidiaries providing for the occupation of the Sale-Leaseback Property, by the Company or its Subsidiaries at a market rent not to collectively exceed $15,000,000 per year, with an initial term of twenty years with market extensions, and on terms and in a form reasonably acceptable to the parties, including market escalators, and conveying to the Buyer no fewer rights with respect to such properties than GP has under such lease. If such sale-leaseback and sublease transactions are not consummated prior to the Closing after such commercially reasonable efforts, then GP shall lease the Sale-Leaseback Property to the Company on and after the Closing Date pursuant to lease agreements between GP and the Company at a market rent not to collectively exceed $15,000,000 per year, with an initial term of twenty years with market extensions, and on terms and in a form reasonably acceptable to the parties, including market escalators, and conveying to the Buyer no fewer rights with respect to such properties than GP has under such lease. GP shall pay any and all costs, fees, expenses (including advisory (other than ▇▇▇▇), broker and attorneys’ fees) and Taxes (including transfer taxes) incurred in connection with the transactions contemplated in this Section 7.8 (collectively, the “Lease Transaction Costs”). (Each of the transactions described in this paragraph (b...

Lease Transaction. (a) Prior to the Closing, GP agrees to cause the Company to transfer (the “Real Estate Transfer”) fee simple title (with no warranty of title) to the parcels of real estate set forth on Schedule 7.8(a) (the “Sale-Leaseback Property”) owned as of the date hereof by the Company to GP or one or more of its Affiliates. Buyer shall have the right to remove one or more properties from Schedule 7.8(a), provided the Buyer replaces such properties with one or more Retained Properties and the aggregate appraised value of replacement properties equals or exceeds the aggregate appraised value of the removed properties.

Lease Transaction. The interest of Seller (as “Owner Participant”) in, to and under: (i) that certain Participation Agreement, dated as of December 16, 1985, originally among United States Trust Company of New York, as Owner Trustee; ▇▇▇▇▇▇▇ Leasing Corporation, as Owner Participant; certain Institutions listed therein, as Loan Participants; The Montana Power Company, as Lessee; and Bankers Trust Company, as Indenture Trustee; (ii) the Trust Agreement, dated as of December 16, 1985, originally among ▇▇▇▇▇▇▇ Leasing Corporation, United States Trust Company of New York, and ▇▇▇▇▇ ▇. ▇▇▇▇▇; and (iii) each of the other Transaction Documents and all insurance policies and other agreements, documents and instruments required to be maintained or furnished in accordance with the Transaction Documents, including without limitation, the beneficial interest of Seller in the Trust Estate (as defined in the Trust Agreement), and all owner participant proceeds of each thereof, all pertaining to the Asset.

Lease Transaction. Article 9 If Party B intends to lease gold or extend the previous lease from Party A, Party B should provide Party A the Application for Gold Lease five business days before the lease or extension and inquiry Party A about the interest; after receiving the written application from Party B, Party A should make a reply within two business days. Article 10 The gold lease involves the following factors: variety, percentage, weight (or quantity), starting date, expiration date, interest rate, attribute of the goods, benchmark for interest accrual, fixing price for interest accrual, and interest payment and so on, in which the variety, percentage, weight, starting date, expiration date, interest rate, interest payment, and attribute of the goods should be determined by both parties on negotiation. Article 11 Attribute of goods refers to should the gold be bought title or stock owned by certain ▇▇▇▇▇▇ according to the provisions of Shanghai Gold Exchange. Article 12 Benchmark for interest accrual: Actual days/365 days. Article 13 Fixing price for interest accrual is the price used to determine the monetary value of gold and the fixing price on the business day of Shanghai Gold Exchange before the starting day unless otherwise agreed. Article 14 Interest payment refers to the determination of the interest payment date, such as on a monthly, quarterly, semi-annual or expiration basis.

Lease Transaction. The principal terms of the Lease Transaction contemplated under the Co-operation Agreement on the Construction of the Integrated Heat Supply Station Project are summarised as follows: (a) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ (as lessor); and (b) Tianchuang Green Energy (as lessee). Leased site: Integrated Heat Supply Station of the urban renewal project (Qingxiyuan*（清溪園）) located south to Jinzhonghe Street, Tianjin, with a gross floor area of approximately 3,300 square metres Lease term: The lease term is for a period of 20 years commencing on the date of handover of the leased site from Jinzhong Urban Renewal to Tianchuang Green Energy. Upon expiry of the aforesaid 20- year lease period, Tianchuang Green Energy may continue to use the leased site for a further period of 8 years at no charge (collectively, “Operation Term”). Rental fees and payment terms: The total rental fees (inclusive of tax) during the lease term amounted to RMB38,000,000. The aforesaid total rental fees shall be paid by Tianchuang Green Energy to Jinzhong Urban Renewal in the following three instalments: (1) 20% of the aforesaid total rental fees, being RMB7,600,000, shall be paid by Tianchuang Green Energy to Jinzhong Urban Renewal within one month after the signing of the agreement; (2) 3 0 % of the aforesaid total rental fees, being RMB11,400,000, shall be paid by Tianchuang Green Energy to Jinzhong Urban Renewal within one month after the obtaining of the construction commencement permit for the basement of the leased site; and (3) the balance of the aforesaid total rental fees, being RMB19,000,000, shall be paid by Tianchuang Green Energy to Jinzhong Urban Renewal within one month after the completion of the civil engineering of the leased site which shall allow the installation of equipment for the Integrated Heat Supply Station and the handover of the same to Tianchuang Green Energy. The aforesaid total rental fees were determined by the parties on normal commercial terms after arm’s length negotiation with reference to, among other things, prevailing market rentals and on the basis of the location of the leased site and its area. Leasehold rights: During the Operation Term, Tianchuang Green Energy shall have the exclusive right to provide heating and cooling services to customers within the Project Area (of which the procurement and installation of the relevant equipment, production, operation, maintenance, renovation and quality shall be the responsibility of Tianchuang Green Energy and sh...

Lease Transaction. Either (a) amend, modify, waive, or supplement the terms of the Lease Agreement, the Option Agreement, the Subordination Agreements, or the Memorandum of Lease without the consent of the Required Lenders (other than administrative changes of a technical or immaterial nature that are not adverse to the Lenders or changes to the legal description of the Leased Property (as defined in the Lease Agreement) to include either the Delayed Lease Property or the Substitute Property, as applicable, provided that such Delayed Lease Property or Substitute Property is subject to a Mortgage in favor of Agent on behalf of the Lenders at the time of such change to the legal description), or (b) enter into any additional documents with respect to the Lease Transaction (other than the documents required in connection with Article 5(h) of the Second Amendment, the Tenant Deed of Trust substantially in the form of Exhibit K to the Second Amendment or such documents necessary to provide that the Delayed Lease Property or the Substitute Property, as applicable, constitutes part of the Leased Property (as defined in the Lease Agreement), including an amendment to the Tenant Deed of Trust, provided that such Delayed Lease Property or Substitute Property is subject to a Mortgage in favor of Agent on behalf of the Lenders at the time of entering into such documents) without the consent of the Required Lenders, not to be unreasonably withheld or delayed.