Common use of Purchase of Equipment Clause in Contracts

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End of Term. Upon expiration or termination of this Lease, except a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchase: (i) all equipment owned by Lessee and used by Lessee in the operation of the Premises which has been purchased within the last three years prior to the date of such expiration or termination and; (ii) any and all leasehold improvements completed and/or installed by Lessee on or in the Premises within the last three years prior to the date of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versa. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvements, Lessee may remove them from the Premises, providing only that in so removing them Lessee causes only so much damage to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively in the operations of the Premises and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances), Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee from Lessors pursuant to the provisions set forth in the Asset Purchase Agreement. The purchase price paid by Lessors for such personal property, equipment and leasehold improvements shall be the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of sale.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End Lessor is not obligated to purchase or lease a unit of Term. Upon expiration or termination of this Lease, except a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchaseEquipment unless before the Last Funding Date: (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee completed Agreement, Schedule, Purchase Order Assignment in the operation form of the Premises which has been purchased within the last three years prior Annex A attached to the date of applicable Schedule and such expiration or termination andother documents as Lessor may require; (ii) any Lessee has irrevocably accepted the unit of Equipment for lease from Lessor by properly signing and all leasehold improvements completed and/or installed by Lessee on or delivering to Lessor a Certificate of Acceptance in the Premises within the last three years prior form of Annex B attached to the date applicable Schedule; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment, and (iv) there is no Default (Section 13). If Lessor has accepted a Purchase Order Assignment but the Lease does not commence, Lessor may reassign the Purchase Order and the Equipment to Lessee without recourse or warranty and Lessee will reimburse Lessor for all expenses incurred, plus interest at the Overdue Rate (Section 15). So long as no Default has occurred, Lessor appoints Lessee its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versaEquipment for lease. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvementsFor each Schedule, Lessee may remove them from irrevocably authorizes Lessor to adjust the PremisesEquipment Price and Total Price to account for equipment change orders or returns, providing only that in so removing them Lessee causes only so much damage invoicing errors and similar matters, and agrees to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively resulting adjustments in the operations of the Premises and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances), Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee from Lessors pursuant to the provisions set forth TRANSACTION TERMS stated in the Asset Purchase Agreementapplicable Schedule. The purchase price paid by Lessors for such personal propertyLessor will send Lessee a written notice stating the final Equipment Price, equipment Total Price and leasehold improvements shall be TRANSACTION TERMS, if different from those stated in the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End of Term. Upon expiration (a) Lessor is not obligated to purchase or termination of this Leaselease Equipment, except including the Software, unless before the Expiration Date on a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchaseSchedule: (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee in the operation of the Premises which has been purchased within the last three years prior to the date of completed Agreement, Schedule and such expiration or termination andother documents as Lessor may require; (ii) Lessor has confirmed to its satisfaction, either in writing or pursuant to a telephone audit, that the Equipment and any Software have been delivered and irrevocably accepted by Lessee; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment; and (iv) there is no Default (Section 13). If Lessor has accepted assignment of or issued any purchase order, agreement or ancillary documents (the “Purchase Agreement”) for Equipment and/or Software but the Lease does not commence, Lessor may reassign all leasehold improvements completed and/or installed rights under the Purchase Agreement to Lessee without recourse or warranty and Lessee will reimburse Lessor for all expenses incurred, plus interest at the Overdue Rate (Section 17). So long as no Default has occurred, Lessor appoints Lessee its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the Equipment for lease. For each Lease, Lessee irrevocably authorizes Lessor to adjust the Equipment Total Cost to account for change orders or returns, invoicing errors and similar matters, any adjustments required by Lessee on commencement of any Lease after the Expiration Date or to make any Leases coterminous and agrees to any resulting adjustments in the Premises within the last three years prior to the date of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versa. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvements, Lessee may remove them from the Premises, providing only that in so removing them Lessee causes only so much damage to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively TRANSACTION TERMS stated in the operations of applicable Schedule. Lessor will send Lessee a written notice stating the Premises final Equipment Total Cost and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances)TRANSACTION TERMS, Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee if different from Lessors pursuant to the provisions set forth those stated in the Asset Purchase Agreement. The purchase price paid by Lessors for such personal property, equipment and leasehold improvements shall be the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End of Term. Upon expiration (a) Lessor is not obligated to purchase or termination of this Leaselease Equipment, except including the Software, unless before the Expiration Date on a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchaseSchedule: (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee in the operation of the Premises which has been purchased within the last three years prior to the date of completed Agreement, Schedule and such expiration or termination and; other documents as Lessor may require: (ii) Lessor has confirmed to its satisfaction, either in writing or pursuant to a telephone audit, that the Equipment and any Software have been delivered and all leasehold improvements completed and/or installed irrevocably accepted by Lessee; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment; and (iv) there is no Default (Section 13). So long as no Default has occurred, Lessor appoints Lessee on its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the Equipment for lease. For each Lease, Lessee irrevocably authorizes Lessor to adjust the Equipment Total Cost by no more than fifteen percent (15%) to account for change orders or returns, invoicing errors and similar matters, any adjustments required by commencement of any Lease after the applicable Expiration Date or to make any Leases continuous and agrees to any resulting adjustments in the Premises within the last three years prior to the date of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versa. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvements, Lessee may remove them from the Premises, providing only that in so removing them Lessee causes only so much damage to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively TRANSACTION TERMS stated in the operations of applicable Schedule. Lessor will send Lessee a written notice stating the Premises final Equipment Total Cost and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances)TRANSACTION TERMS, Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee if different from Lessors pursuant to the provisions set forth those stated in the Asset Purchase Agreement. The purchase price paid by Lessors for such personal property, equipment and leasehold improvements shall be the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End Lessor is not obligated to purchase or lease a unit of Term. Upon expiration or termination of this Lease, except a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchaseEquipment unless before the Last Funding Date: (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee completed Agreement, Schedule, Purchase Order Assignment in the operation form of the Premises which has been purchased within the last three years prior Annex A attached to the date of applicable Schedule and such expiration or termination andother documents as Lessor may require; (ii) any Lessee has irrevocably accepted the unit of Equipment for lease from Lessor by properly signing and all leasehold improvements completed and/or installed by Lessee on or delivering to Lessor a Lease Commencement Certificate in the Premises within the last three years prior form of Annex B attached to the date applicable Schedule; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment; and (iv) there is no Default (Section 13). If Lessor has accepted a Purchase Order Assignment but the Lease does not commence, Lessor may reassign the Purchase Order and the Equipment to Lessee without recourse or warranty and Lessee will reimburse Lessor for all expenses incurred, plus interest at the Overdue Rate (Section 15). So long as no Default has occurred, Lessor appoints Lessee its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versaEquipment for lease. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvementsFor each Schedule, Lessee may remove them from irrevocably authorizes Lessor to adjust the PremisesEquipment Price and Total Price by no more than fifteen percent (15%) to account for equipment change orders or returns, providing only that in so removing them Lessee causes only so much damage invoicing errors and similar matters, and agrees to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively resulting adjustments in the operations of the Premises and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances), Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee from Lessors pursuant to the provisions set forth TRANSACTION TERMS stated in the Asset Purchase Agreementapplicable Schedule. The purchase price paid by Lessors for such personal propertyLessor will send Lessee a written notice stating the final Equipment Price, equipment Total Price and leasehold improvements shall be TRANSACTION TERMS, if different from those stated in the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End Lessor is not obligated to purchase or lease a unit of Term. Upon expiration or termination of this Lease, except a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchase: Equipment unless before the Last Funding Date; (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee completed Agreement, Schedule, Purchase Order Assignment in the operation form of the Premises which has been purchased within the last three years prior Annex A attached to the date of applicable Schedule and such expiration or termination andother documents as Lessor may require; (ii) any Lessee has irrevocably accepted the unit of Equipment for lease from Lessor by properly signing and all leasehold improvements completed and/or installed by Lessee on or delivering to Lessor a Certificate of Acceptance in the Premises within the last three years prior form of Annex B attached to the date applicable Schedule; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment and (iv) there is no Default (Section 13). If Lessor has accepted a Purchase Order Assignment but the Lease does not commence, Lessor may reassign the Purchase Order and the Equipment to Lessee without recourse or warranty and Lessee will reimburse Lessor for all expenses incurred, plus interest at the Overdue Rate (Section 15). So long as no Default has occurred, Lessor appoints Lessee its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versaEquipment for lease. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvementsFor each Schedule, Lessee may remove them from irrevocably authorizes Lessor to adjust the PremisesEquipment Price and Total Price to account for equipment change orders or returns, providing only that in so removing them Lessee causes only so much damage invoicing errors and similar matters, and agrees to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively resulting adjustments in the operations of the Premises and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances), Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee from Lessors pursuant to the provisions set forth TRANSACTION TERMS stated in the Asset Purchase Agreementapplicable Schedule. The purchase price paid by Lessors for such personal propertyLessor will send Lessee a written notice stating the final Equipment Price, equipment Total Price and leasehold improvements shall be TRANSACTION TERMS, if different from those stated in the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.

Purchase of Equipment. Leasehold Improvements and Net Working Capital at End Lessor is not obligated to purchase or lease a unit of Term. Upon expiration or termination of this Lease, except a termination pursuant to Section 2.2 or Section 2.3(b) hereof, Lessors may purchaseEquipment unless before the Last Funding Date: (i) all equipment owned by Lessor receives from Lessee a fully signed and used by Lessee completed Agreement, Schedule, Purchase Order Assignment in the operation form of the Premises which has been purchased within the last three years prior Annex A attached to the date of applicable Schedule and such expiration or termination andother documents as Lessor may require; (ii) any Lessee has irrevocably accepted the unit of Equipment for lease from Lessor by properly signing and all leasehold improvements completed and/or installed by Lessee on or delivering to Lessor a Certificate of Acceptance in the Premises within the last three years prior form of Annex B attached to the date applicable Schedule; (iii) Lessor has received from Supplier clear and unencumbered title to the Equipment; and (iv) there is no Default (Section 13). If Lessor has accepted a Purchase Order Assignment but the Lease does not commence, Lessor may reassign the Purchase Order and the Equipment to Lessee without recourse or warranty and Lessee will reimburse Lessor for all expenses incurred, plus interest at the Overdue Rate (Section 15). So long as no Default has occurred, Lessor appoints Lessee its agent to inspect and accept the Equipment from Supplier simultaneously with acceptance of the expiration or termination; provided, however, Lessors shall not have the right to purchase such equipment without also purchasing such leasehold improvements and vice versaEquipment for lease. If Lessors and Lessee do not reach agreement regarding Lessors' purchase of such equipment and leasehold improvementsFor each Schedule, Lessee may remove them from irrevocably authorizes Lessor to adjust the PremisesEquipment Price and Total Price to account for equipment change orders or returns, providing only that in so removing them Lessee causes only so much damage invoicing errors and similar matters, and agrees to the Premises as is reasonable. Lessee shall be under no obligation to repair any such reasonable damage. Upon expiration or earlier termination of this Lease, Lessors, at their option, may purchase (i) all of the personal property owned by Lessee and used exclusively resulting adjustments in the operations of the Premises and (ii) the Net Working Capital (defined as Patient Accounts Receivable (net of allowances), Other Receivables, Inventories and Other Current Assets less Accounts Payable and Accrued Expenses and Other) of Lessee relating to the operation of the Premises as of the last day of the Term or Extended Term, as the case may be, corresponding to the "Net Working Capital" items purchased by Lessee from Lessors pursuant to the provisions set forth TRANSACTION TERMS stated in the Asset Purchase Agreementapplicable Schedule. The purchase price paid by Lessors for such personal propertyLessor will send Lessee a written notice stating the final Equipment Price, equipment Total Price and leasehold improvements shall be TRANSACTION TERMS, if different from those stated in the then net book value of such equipment, personal property and leasehold improvements at the date of expiration or earlier termination of this Lease, based on Lessee's books and records which shall be kept in accordance with generally accepted accounting principles consistently applied, except for the inclusion of footnotes and normal year end adjustments. Lessee shall transfer and convey the same by xxxx of sale, free of all liens and Lessors shall pay the purchase price in cash in return for delivery of a xxxx of saleapplicable Schedule.