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HomeMy WebLinkAbout1468 ~ - . , . s ~ j ; : ~ , ~ . . -1' • _ ~ . . ~ ~ ' t4: . ~ , . ~E 1ri5v ; F~:~~C,~4 IM.1~ ParaQaph 19 ~ , For the purposes of this Paragraph 19, the principal amount of Notes . which shall at any time be allocable to an~ indiridual Leased Paresl - (herein called the "I~Totes Allocable" thereto) to be purchased i.n ac- cordance with thia Paragraph 19 shall be that amount which has the - eame ratio to tLe principal amount of Notes ontstanding- as of the date of the closing of snch pnrchase (less the sum of tLe umount of any mandatory prepayment of principal of the Notea pnranant to Sectiona 702 and 302(c) (v) of the Indentnre dne on the Note Payment Date neat following the elosing of snch pnrchase, and (B) the aggre- gate nnpaid principal amount of Promissory \'otes then held by thc Trnstee ~ursnant to Section 810 of the Indentnre after deducting therefrom the ~ggregate principal amonnt of any mandatory prepay- ments to be made in reapect of snch Promissory I`Totes prior to ancL ; Note Payment Date) as the depreeiated book valne of the Leased Parcel 'i or Parcele (oompnted as of anch Note Payment Date) bears to the ; aggregate depreciated book value (compnted as of snch Note Payment ' Date) of sll the Leased Parcels snbject to this Lease immediately prior ~ to snch cloeing. ~ (b) Exercise of Option. To ezercise either of the optiona to pur- ` chase set forth in Paragraph 19(a), the Company shall give to Proper- tiea and the Trastee written notice of its intention to do so, which notice shall identify the Leased Parcels to be pnreLased, the consideration ~ therefor, the basis of the compntation of snch conaideration, the time and date (not earlier tban 45 daya following the giving of the notice) of the closing, the place of such closing which shall be the corporate ~ trust otfice of the Trnstee and the person or persons to ~hich title to ~ the respective Leased Parcels shall be conveyed by Properties; pro- ~ ~ i:led, ho~rc~ er, that the Company shall not e~ercise its option to pur- ` chase set forth in Paragraph 19(a) (ii) prior to December 15, 19i2, ~ ~ nor shall any closing with respect to snch option occar in any year dnr- ~ ing the period commencing with the last busineas day in November and ~ ending on the first bneiness day in December. ~ (c) Closing. At the closing, Propertiea ahall convey to the Com- ~ pany (or ita designee or deaigr?ees), in the manner provided in Para- ~ ~•raph 20, arainst full payment and delivery to the Trustee of the con- • ~ sideration provided in thie Paragraph l9 (which, in the case of cash, ~ ~ ~ ~ ~ ~ ~ ~ • : ~ ~~,.3~.1~ ~:~4b"7 u~~u E~~~~~~~u5 ~ ~