Common use of Lessor Commitment Clause in Contracts

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (a) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $2,000,000 ("Commitment") of which amount Lessor may purchase Soft Costs Equipment for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 25% of the utilized Commitment; (b) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $20,000 except for a final advance which may be less than $20,000; (c) Lessor shall not be obligated to purchase Equipment hereunder after June 30, 1998; (d) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than June 15, 1997; (e) the equipment described on the Schedule is acceptable to Lessor and may include equipment manufactured by Lessee provided Lessee certifies such equipment will only be utilized as laboratory equipment;

Appears in 1 contract

Sources: Master Equipment Lease (Optical Sensors Inc)

Lessor Commitment. So long as no Event of Default or event which with the giving of notice or passage of time, or both, could become an Event of Default has occurred or is continuing, Lessor agrees to lease to Lessee the groups of Equipment described on each Schedule, subject to the following conditions: (ai) that in no event shall Lessor be obligated to lease Equipment to Lessee hereunder where the aggregate purchase price of all Equipment leased to Lessee hereunder would exceed $2,000,000 ("Commitment") of which amount Lessor may purchase Soft Costs Equipment for lease to Lessee having an aggregate purchase price not exceeding an amount equal to 25% of the utilized Commitment450,000.00; (bii) the amount of Equipment purchased by Lessor at any one time shall be at least equal to $20,000 35,000.00 except for a final advance which may be less than $20,00035,000.00; (ciii) Lessor shall not be obligated to purchase Equipment hereunder after June 30December 31, 19981996; (div) all Lease documentation required by Lessor has been executed by Lessee or provided by Lessee no later than June 15December 6, 19971995; (ev) the equipment described on the Schedule is acceptable to Lessor; (vi) with respect to each funding Lessee has provided to Lessor each of the closing documents and other items described in Exhibit A hereto (which documents shall be in form and substance acceptable to Lessor) and which list may include equipment manufactured be modified for each subsequent funding; (vii) there is no material adverse change in Lessee's condition, financial or otherwise, as determined by Lessor, and Lessee so certifies, from (yy) the date of the most recent financial statements delivered by Lessee provided Lessee certifies such equipment will only be utilized as laboratory equipmentto Lessor prior to execution of this Lease, to (zz) the date of the proposed lease of the Equipment;

Appears in 1 contract

Sources: Master Equipment Lease (Aclara Biosciences Inc)