Participation in Equipment Cost Sample Clauses

Participation in Equipment Cost. (a) Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on each applicable Acceptance Date, each Holder agrees to participate in the payment of the Equipment Cost for the Units delivered on such Acceptance Date by making a Holder Advance to the Owner Trustee (payable to the Agent for the benefit of the Owner Trustee) in an amount equal to the product of the Equity Percentage of the aggregate Equipment Cost for the Units delivered on such Acceptance Date and the percentage set forth opposite such Holder's name for the particular Class of Equipment in Schedule 1 (the aggregate amount of such Holder Advances from all Holders for all Classes of Equipment being referred to herein as the "Aggregate Holder Funded Amount"). The portion of the Aggregate Holder Funded Amount for each Class of Equipment shall not exceed the aggregate Holder Class Commitment for such
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Participation in Equipment Cost. (a) Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on each applicable Commencement Date, each Holder hereby agrees that it shall participate in the payment of the Equipment Cost for the Units delivered on such Commencement Date by making a Holder Advance to the Owner Trustee (payable to the Administrative Agent for the benefit of the Owner Trustee) in an amount equal to the product of the Equity Percentage of the aggregate Equipment Cost for the Units delivered on such Commencement Date and such Holder's Pro Rata Share percentage set forth opposite such Holder's name on the signature pages of the Trust Agreement (collectively, the "Aggregate Holder Funded Amount"). The Lessee shall not request, pursuant to a Certificate of Delivery and Acceptance or otherwise, that the Owner Trustee obtain a Holder Advance (and the Holders shall have no obligation to make any Holder Advances regarding any Equipment) in excess of the unused portion of the Holder Commitments. Each Holder shall pay its respective portion of the Aggregate Holder Funded Amount required on each applicable Commencement Date to the Administrative Agent to be held and applied by the Administrative Agent toward the payment of the Equipment Cost for the Units accepted on such Commencement Date as provided in Section 2.3.
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Participation in Equipment Cost. (a) Equity Participation. Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on the Closing Date the Owner Participant agrees to participate in the payment of the Equipment Cost for the Units delivered on the Closing Date by making an equity investment in the beneficial ownership of such Units in the amount equal to the product of the aggregate Equipment Cost for the Units delivered on the Closing Date and the percentage set forth opposite the Owner Participant's name in Schedule 2 (the Owner Participant's "Commitment"). The aggregate amount of the ---------- Owner Participant's Commitment plus the aggregate amount of Transaction Costs payable by the Owner Participant shall not exceed $23,098,365. The Owner Participant's Commitment shall be paid to the Indenture Trustee to be held (but not as part of the Indenture Estate) and applied on behalf of the Owner Trustee toward the payment of the Equipment Cost for the Units as provided in Section 2.3.
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Participation in Equipment Cost 
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Related to Participation in Equipment Cost

  • Replacement Cost The term “full replacement cost” as used herein shall mean the actual replacement cost of the Leased Property requiring replacement from time to time including an increased cost of construction endorsement, if available, and the cost of debris removal. In the event either party believes that full replacement cost (the then-replacement cost less such exclusions) has increased or decreased at any time during the Lease Term, it shall have the right to have such full replacement cost re-determined.

  • As to Equipment and Inventory The Grantor hereby agrees that it shall

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Participation in Profits and Losses All profits and losses of the Company will be allocated to the Member.

  • At Cost Any of the above services when performed outside regular working hours of Agent may be billed at 150 percent of the above.

  • Returned Inventory If an Account Debtor has an authorized return and returns any Inventory covered by such return to such Grantor when no Event of Default exists, then such Grantor shall promptly determine the reason for such return and shall issue a credit memorandum to the Account Debtor in the appropriate amount. Such Grantor shall deliver a monthly report to the Administrative Agent setting forth all such returns involving an amount in excess of $10,000,000. Each such report shall indicate the reasons for the returns and the locations and condition of the returned Inventory. In the event any Account Debtor returns Inventory to such Grantor when an Event of Default exists, such Grantor, upon the request of the Administrative Agent, shall: (i) hold the returned Inventory in trust for the Administrative Agent; (ii) dispose of the returned Inventory solely according to the Administrative Agent’s written instructions; and (iii) not issue any credits or allowances with respect thereto in an amount exceeding $500,000 in the aggregate during any Fiscal Month without the Administrative Agent’s prior written consent. All returned Inventory shall be subject to the Administrative Agent’s Liens thereon. Whenever any Inventory is returned, the related Account shall be deemed ineligible to the extent of the amount owing by the Account Debtor with respect to such returned Inventory and such returned Inventory shall not be Eligible Inventory unless such Inventory constitutes Third Party Logistics Goods.

  • Subsequent costs The Company must pay to the Facility Agent the amount of all costs and expenses (including legal fees) reasonably incurred by it in connection with:

  • Property Insurance Building Improvements and Rental Value 9.2.1 Lessor shall obtain and keep in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor, any ground-lessor, and to any Lender insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable value thereof. If the coverage is available and commercially appropriate, such policy or policies shall insure against all types of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee’s personal property shall be insured by Lessee not by Lessor unless the item in question has become the property of Lessor under the terms of this Lease.

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

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