Common use of Rental Payments to Constitute a Current Expense of Lessee Clause in Contracts

Rental Payments to Constitute a Current Expense of Lessee. The Rental Payment payable on a particular Rental Payment Date under a Lease shall be for the period from the immediately preceding Rental Payment Date (or the respective Acceptance Dates in the case of the first Rental Payment Date) to such particular Rental Payment Date under such Lease. For each fiscal year or portion thereof during the Lease Term under a Lease, Rental Payments and other amounts payable under such Lease shall constitute the total rentals for such fiscal year or portion thereof and shall be paid by Lessee for and in consideration of the right of use and possession, and the continued quiet use and enjoyment, of the Equipment under such Lease by Lessee for and during such fiscal year or portion thereof. Lessor and Lessee have agreed, and shall determine on the Funding Date for each Lease, that such rentals shall not be in excess of the fair rental value of the Equipment under such Lease then being entered into pursuant to this Agreement. In making such determination, consideration shall be given to the costs of acquiring and installing such Equipment, the uses and purposes served by such Equipment and the benefits therefrom that will accrue to Lessee by reason of the applicable Lease and to the general public by reason of Lessee’s use of the Equipment thereunder. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments and other amounts payable under a Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Appears in 2 contracts

Samples: Master Equipment Lease/Purchase Agreement, Master Equipment Lease/Purchase Agreement

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Rental Payments to Constitute a Current Expense of Lessee. The Rental Payment payable on a particular Rental Payment Date under a Lease shall be for the period from the immediately preceding Rental Payment Date (or the respective Acceptance Dates Funding Date in the case of the first Rental Payment Date) to such particular Rental Payment Date under such LeaseDate. For each fiscal year Fiscal Year or portion thereof during the Lease Term under a LeaseTerm, Rental Payments and other amounts payable under such Lease Additional Rental Payments shall constitute the total rentals Rentals for such fiscal year Fiscal Year or portion thereof and shall be paid by Lessee for and in consideration of the right of use and possession, and the continued quiet use and enjoyment, of the Energy Conservation Equipment under such Lease by Lessee for and during such fiscal year Fiscal Year or portion thereof. Lessor and Lessee Xxxxxx have agreed, agreed and shall determine on the Funding Date for each Lease, determined that such rentals shall Rentals are not be in excess of the fair rental value of the Equipment under such Lease then being entered into pursuant to this AgreementEquipment. In making such determination, consideration shall be has been given to the costs of acquiring and installing such the Energy Conservation Equipment, the uses and purposes served by such Equipment and the benefits therefrom that will accrue to Lessee by reason of the applicable Lease this Agreement and to the general public by reason of LesseeXxxxxx’s use of the Energy Conservation Equipment thereunderhereunder. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments and other amounts payable under a Lease Rentals shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by LesseeXxxxxx, nor shall anything contained in this Agreement or any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Appears in 1 contract

Samples: Equipment Lease Agreement

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Rental Payments to Constitute a Current Expense of Lessee. The Rental Payment payable on a particular Rental Payment Date under a Lease shall be for the period from the immediately preceding Rental Payment Date (or the respective Acceptance Dates Funding Date in the case of the first Rental Payment Date) to such particular Rental Payment Date under such LeaseDate. For each fiscal year Fiscal Year or portion thereof during the Lease Term under a LeaseTerm, Rental Payments and other amounts payable under such Lease Additional Rental Payments shall constitute the total rentals Rentals for such fiscal year Fiscal Year or portion thereof and shall be paid by Lessee for and in consideration of the right of use and possession, and the continued quiet use and enjoyment, of the Energy Conservation Equipment under such Lease by Lessee for and during such fiscal year Fiscal Year or portion thereof. Lessor and Lessee have agreed, agreed and shall determine on the Funding Date for each Lease, determined that such rentals shall Rentals are not be in excess of the fair rental value of the Equipment under such Lease then being entered into pursuant to this AgreementEquipment. In making such determination, consideration shall be has been given to the costs of acquiring and installing such the Energy Conservation Equipment, the uses and purposes served by such Equipment and the benefits therefrom that will accrue to Lessee by reason of the applicable Lease this Agreement and to the general public by reason of Lessee’s use of the Energy Conservation Equipment thereunderhereunder. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments and other amounts payable under a Lease Rentals shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Appears in 1 contract

Samples: Equipment Lease Agreement

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