Common use of Concurrent Exercise Clause in Contracts

Concurrent Exercise. Notwithstanding any contrary provisions of this Article 11, any Lender exercising any of its rights under this Article 11 with regard to any Financing Encumbrance, must concurrently exercise its rights under Article 13 of the Conduit Lease with regard to the same Financing Encumbrance, it being the intent of the Parties that in order to succeed to the rights of FirstWorld under this Agreement, a Lender must also succeed to the rights of FirstWorld under the Conduit Lease and that a Lender may not receive the benefits of this Agreement separately from the benefits and burdens of the Conduit Lease.

Appears in 2 contracts

Sources: Telecommunications System License Agreement (Firstworld Communications Inc), Telecommunications System License Agreement (Firstworld Communications Inc)