Common use of Release of Properties, etc Clause in Contracts

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 7 contracts

Samples: Participation Agreement (Sunrise Assisted Living Inc), Participation Agreement (Rf Micro Devices Inc), Participation Agreement (Us Foodservice/Md/)

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Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties Property from the Liens liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 3 contracts

Samples: Participation Agreement (Healthsouth Corp), Lease Agreement (Lexicon Genetics Inc/Tx), Participation Agreement (Healthsouth Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed by the Lenders, Holders, Borrower and Owner Trustee to release release, and will release, such Properties from the Liens created by the Security Documents and the Lease shall be released to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement Agreement, the Agent is hereby authorized and directed by the Lenders, Holders, Borrower and Owner Trustee to release release, and will release, all of the Properties from the Liens created on such Properties by the Security Documents to and the extent of its interest thereinLease shall be released. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 2 contracts

Samples: Participation Agreement (Sabre Holdings Corp), Participation Agreement (Sabre Holdings Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the terms of the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article ARTICLE XXII of the Lease, then, upon satisfaction by the Owner Trustee Borrower of its obligation to prepay the Loans, Holder Advances Loans and all other amounts owing to pay accrued interest on the Lenders and the Holders under the Operative AgreementsLoans so prepaid pursuant to SECTION 2.6, the Administrative Agent is hereby authorized and directed to release such Properties Property from the Liens created by the Security Documents to the extent of its interest thereinDocuments. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances Loans and all other amounts owing by the Owner Trustee Borrower, the Lessee and the Lessee Construction Agent hereunder or under any other Operative Agreement the Administrative Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents Documents; provided that such payment shall be sufficient to pay in full the extent of its interest thereinLoans and all other amounts owing by the Borrower, the Lessee or the Construction Agent hereunder or under the other Operative Agreements. Upon request of the Owner Trustee Borrower or the Lessee following any such release, the Administrative Agent shall, at the sole cost and expense of the Borrower or the Lessee, execute and deliver to the Owner Trustee and Borrower or the Lessee such documents as the Owner Trustee Borrower or the Lessee shall reasonably request to evidence such release.

Appears in 2 contracts

Samples: Credit Agreement (Aviation Sales Co), Credit Agreement (Wackenhut Corrections Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee or the Lessee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Credit Agreement (Correctional Services Corp)

Release of Properties, etc. If the Lessee (or its designee) shall at any time purchase any Property or any Excess Land pursuant to the Lease, terms of the Lease or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the LeaseLease or if the Expansion Property shall be sold in accordance with Section 5.4 of the Construction Agency Agreement, then, upon satisfaction by the Owner Trustee Borrower of its obligation to prepay the Loans, Holder Advances Loans and all other amounts owing to pay accrued interest on the Lenders and the Holders under the Operative AgreementsLoans so prepaid pursuant to Section 2.4, the Administrative Agent is hereby authorized and directed to release such Properties Property or Excess Land from the Liens created by the Security Documents to the extent of its interest thereinDocuments. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances Loans and all other amounts owing by the Owner Trustee and the Lessee Borrower hereunder or under any other Operative Agreement Agreement, the Administrative Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents Documents; provided that such payment shall be sufficient to pay in full the extent of its interest thereinLoans and all other amounts owing by the Borrower or the Lessee hereunder or under the other Operative Agreements. Upon request of the Owner Trustee Borrower or the Lessee following any such release, the Administrative Agent shall, at the sole cost and expense of the Borrower or the Lessee, execute and deliver to the Owner Trustee and Borrower or the Lessee such documents as the Owner Trustee Borrower or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Credit Agreement (Tech Data Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, then the Agent is hereby authorized and directed to release or cause to be released such Properties Property from the Liens created by the Security Documents (and the other Financing Parties shall deliver to the extent Agent all authorizations and instruments necessary to permit the Agent to release all such Liens) and the Agent will in good faith assist the Lessee in obtaining the release of its interest thereinany Lessor Liens with respect to such Property. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents (and the other Financing Parties shall deliver to the extent Agent all authorizations and instruments necessary to permit the Agent to release all such Liens) and the Agent will in good faith assist the Lessee in obtaining the release of its interest thereinany Lessor Liens with respect to such Property. Upon request of the Owner Trustee or the Lessee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Shurgard Storage Centers Inc)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such deeds of release, termination statements, similar instruments and other documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Guilford Pharmaceuticals Inc)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay make a prepayment (with the proceeds of such sale) of the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Lender Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Centennial Healthcare Corp)

Release of Properties, etc. If the Lessee (or its designee) shall at any time purchase any Property or any Excess Land pursuant to the terms of the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee Borrower of its obligation to prepay the Loans and Lessor Fundings and to pay accrued interest on the Loans, Holder Advances and all other amounts owing accrued Yield on the Lessor Fundings, so prepaid pursuant to Section 2.6, and Lessor Fundings the Lenders and the Holders under the Operative Agreements, the Administrative Agent is hereby authorized and directed to release such Properties Property or Excess Land from the Liens created by the Security Documents to the extent of its interest thereinDocuments. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances Loans and all other amounts owing by the Owner Trustee and Borrower, the Lessee hereunder or under any other Operative Agreement the Administrative Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents Documents; provided that such payment shall be sufficient to pay in full the extent of its interest thereinLoans and all other amounts owing by the Borrower or the Lessee hereunder or under the other Operative Agreements. Upon request of the Owner Trustee Borrower or the Lessee following any such release, the Administrative Agent shall, at the sole cost and expense of the Borrower or the Lessee, execute and deliver to the Owner Trustee and Borrower or the Lessee such documents as the Owner Trustee Borrower or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Credit Agreement (Tech Data Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, and Holder Advances in respect of such property and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties Property from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Smart & Final Inc/De)

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Release of Properties, etc. (a) If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by payment in full of the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative AgreementsCompany Obligations, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest thereintherein (except for the Lease and related Lease Supplements to the extent that the Renewal Term has become effective but the Advances have been refinanced). Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Credit Agreement (Franklin Resources Inc)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement Agreement, the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee or the Lessee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (American Oncology Resources Inc /De/)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Construction Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Veritas Software Corp /De/)

Release of Properties, etc. If (a) the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if (b) any Property shall be sold in accordance with Article XXII of the Lease or (c) any portion of a Property is dedicated, transferred or the subject of a lot line adjustment pursuant to Section 12.2 of the Lease, then, upon satisfaction by the Owner Trustee Trust of its obligation to prepay the Loans, Loans and Holder Advances in respect of such Property and all other amounts owing to the Lenders and the Holders under the Operative Agreements, if any, the Agent is hereby authorized and directed to release such Properties Property from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee Trust and the Lessee hereunder or under any other Operative Agreement Agreement, the Agent is hereby authorized and directed to release all of the Properties such Property from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee Trust following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee Trust and the Lessee such documents as the Owner Trustee Trust or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Symantec Corp)

Release of Properties, etc. If the Lessee shall at any time purchase any Property pursuant to the Lease, or the Construction Agent shall purchase any Property pursuant to the Agency Agreement, or if any Property shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee Lessor of its obligation to prepay the Loans, Holder Advances Loans and all other amounts owing to the Lenders under the Operative Agreements, the repayment of the Lessor Advance and the Holders payment to the Lessor of all other amounts owing to the Lessor under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties Property from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Lender Commitments and the Holder Commitments Lessor Commitment and the payment in full of the Loans, the Holder Advances Lessor Advance and all other amounts owing by the Owner Trustee Lessor and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee Lessor following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee Lessor and the Lessee such documents as the Owner Trustee Lessor or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Pep Boys Manny Moe & Jack)

Release of Properties, etc. If the Lessee shall at any time purchase all or a portion of any Property (or Lessor's leasehold interest therein) pursuant to the Lease, or the Construction Agent shall purchase all or a portion of any Property pursuant to the Construction Agency Agreement, or if any Property (or Lessor's leasehold interest therein) shall be sold in accordance with Article XXII of the Lease, then, upon satisfaction by the Owner Trustee of its obligation to prepay the Loans, Holder Advances and all other amounts owing to the Lenders and the Holders under the Operative Agreements, the Agent is hereby authorized and directed to release such Properties Property from the Liens created by the Security Documents to the extent of its interest therein. In addition, upon the termination of the Commitments and the Holder Commitments and the payment in full of the Loans, the Holder Advances and all other amounts owing by the Owner Trustee and the Lessee hereunder or under any other Operative Agreement the Agent is hereby authorized and directed to release all of the Properties from the Liens created by the Security Documents to the extent of its interest therein. Upon request of the Owner Trustee following any such release, the Agent shall, at the sole cost and expense of the Lessee, execute and deliver to the Owner Trustee and the Lessee such documents as the Owner Trustee or the Lessee shall reasonably request to evidence such release.

Appears in 1 contract

Samples: Participation Agreement (Acxiom Corp)

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