Common use of Loss Provision Clause in Contracts

Loss Provision. If any Rent under any Lease financed or refinanced by a Discount Facility Loan shall remain unpaid for a period of ninety (90) days from the date when due, SPE shall, on the next succeeding Loan Repayment Date, upon written demand by Lender, pay to Lender the Loan Repayment Amount of such Discount Facility Loan. The liability of SPE under this Section 8.4 on any Loan Repayment Date shall not exceed (i) ten percent (10%) of the aggregate initial principal amount of Loans made under this Agreement as of such Loan Repayment Date plus (ii) the aggregate Standard Cost of all Equipment remarketed pursuant to Section 10 as of such Loan Repayment Date minus (iii) the aggregate Loan Repayment Amounts paid by SPE to Lender pursuant to this Section 8.4 with respect to Discount Facility Loans as of such Loan Repayment Date minus (iv) the aggregate of all cure amounts paid by SPE to Lender on behalf of Lessees with respect to Leases financed by Discount Facility Loans which Lender has demanded to be repaid under this Section 8.4 on such Loan Repayment Date to the extent SPE has been unable to collect such amounts from such Lessees as of such Loan Repayment Date ( the "Net Loss Pool"). The method of determining this amount is described in Exhibit "E". Lender's rights under this Section 8.4 shall be cumulative and in addition to all other rights to receive payment of the Discount Facility Loans pursuant to this Agreement. If, at any time, SPE's liability under this Section 8.4 with respect to Leases financed by a Discount Facility Loan shall have been reduced to zero, SPE shall thereafter have no liability under this Section 8.4 with respect to that Discount Facility Loan.

Loss Provision. If any Rent under any Lease financed or refinanced by a Discount Facility Loan shall remain unpaid for a period of ninety (90) days from the date when due, SPE TSFC shall, on the next succeeding Loan Repayment Date, upon written demand by Lender, pay to Lender the Loan Repayment Amount of such Discount Facility Loan. The liability of SPE TSFC under this Section 8.4 on any Loan Repayment Date shall not exceed (i) ten percent (10%) of the aggregate initial principal amount of all Loans made under this Agreement as of such Loan Repayment Date plus (ii) the aggregate Standard Cost of all Equipment remarketed financed with the Discount Facility Loans with respect to which Lender has made demand pursuant to Section 10 as of such Loan Repayment Date hereto minus (iii) the aggregate Loan Repayment Amounts paid by SPE TSFC to Lender pursuant to this Section 8.4 with respect to Discount Facility Loans as of such Loan Repayment Date minus (iv) the aggregate of all cure amounts paid by SPE TSFC to Lender on behalf of Lessees with respect to under Section 7.3 without having collected Rent under Leases financed by Discount Facility Loans which Lender has demanded to be repaid under this Section 8.4 on such Loan Repayment Date to the extent SPE TSFC has been unable to collect such amounts from such Lessees as of such Loan Repayment Date ( the "Net Loss Pool")Date. The method of determining this amount is described in Exhibit "E". Lender's rights under this Section 8.4 shall be cumulative and in addition to all other rights to receive payment of the Discount Facility Loans pursuant to this Agreement. If, at any time, SPE's liability under this Section 8.4 with respect to Leases financed by a Discount Facility Loan shall have been reduced to zero, SPE shall thereafter have no liability under this Section 8.4 with respect to that Discount Facility Loan.