Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 3 contracts
Sources: Lease, Lease Agreement, Lease Agreement
Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 3 contracts
Sources: Project Lease, Project Lease, Project Lease
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of beneficial easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 3 contracts
Sources: Lease Agreement, Lease, Lease
Granting of Easements. If no Event event of Default under this Lease default shall have happened and be continuing, and subject to the delivery of prior written notice to Trustee, Company may, may at any time or times, (a) times grant easements, licenses licenses, rights-of-way (including the dedication of public highways), and other rights or privileges in the nature of easements with respect to any property included in the ProjectMortgaged Property, free from any rights the lien of the Issuer or the BondownersIndenture, or (b) Company may release existing easements, licenses, rights-of-way way, and other rights or privileges, all privileges with or without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, to the extent agrees that it may legally do so, that it shall execute and deliver and will cause and direct Trustee to execute and deliver any instrument necessary or appropriate to confirm the release of any such easement, license, right of way and other right or privilege in the nature of easements when so granted from the lien of the Indenture, including, but not limited to, delivery by the Issuer of a release of lien in recordable form and a subordination agreement in recordable form confirming that the lien of the Indenture is subject and subordinate to such easement, license, right of way or other right or privilege granted pursuant to this Section 9.5, and grant or release any such easement, license, right-of-way way, or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, release; (ii) a written application signed by the Authorized Company Representative requesting such instrument, ; and (iii) a certificate executed by the Authorized Company Representative stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Mortgaged Property and will not materially adversely affect weaken, diminish, or impair the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall intended to be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected given by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.
Appears in 2 contracts
Sources: Loan Agreement (American Railcar Industries, Inc./De), Loan Agreement (American Railcar Industries, Inc./De)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, Tenant upon receipt of prior written approval of the Company Authorized Issuer Representative may, at any time or times, (ai) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (bii) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: of (ia) a copy of the instrument of grant or release or of the agreement or other arrangement, (iib) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iiic) a certificate executed by the Company ▇▇▇▇▇▇ stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease Agreement (Ifr Systems Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If if the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (Collins Industries Inc)
Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Project Lease
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer and Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Granting of Easements. If no Lease Event of Default under this Lease shall have happened occurred and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating that (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Lease Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (Capital Lease Funding Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened Agreement has occurred and be is continuing, the Company may, notwithstanding anything contained herein to the contrary, at any time or times, with the prior written consent of the Trustee (a) which shall not be unreasonably withheld), grant easements, licenses licenses, rights of way and other rights or privileges in the nature of easements with respect to any property included in the ProjectProject Facilities, free from any rights the lien of the Issuer this Agreement or the BondownersIndenture, or (b) release existing easements, licenses, rights-of-rights of way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agreesAuthority agrees that, within a reasonable amount of time following such grant or release, it will execute and deliver and will cause and direct the Trustee, within a reasonable amount of time following such grant or release, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-right of way or other right or privilege or any such agreement or other arrangementprivilege, upon receipt by the Issuer Authority and the Trustee of: :
(ia) a A copy of the instrument of grant or release or of the agreement or other arrangement, release;
(iib) a A written application signed by the Authorized Company Representative requesting such instrument, and ; and
(iiic) a A certificate executed by the Company Company, and such other persons as the Authority or the Trustee may reasonably require, stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, Company and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Facilities and will not materially adversely affect in any material respect weaken, diminish or impair the security of intended to be given by or under the BondownersIndenture. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer Authority and the right of Trustee under this Agreement and the Bondowners Indenture and shall not be affected by any termination of this Lease Agreement or default on the part of the Company hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because but if an Event of Default of the Companyhas occurred and is continuing, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerAuthority and the Trustee.
Appears in 1 contract
Sources: Installment Sale Agreement (NPR Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (Lmi Aerospace Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened Agreement has occurred and be is continuing, the Company may, notwithstanding anything contained in this Agreement to the contrary, at any time or times, (a) grant easements, licenses licenses, rights of way and other rights or privileges in the nature of easements with respect to any property included in the ProjectProject Facilities, free from any rights the lien of the Issuer or the Bondownersthis Agreement, or (b) release or amend existing easements, licenses, rights-of-rights of way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, agrees that it will execute and deliver any instrument necessary or appropriate to confirm and grant grant, release or release amend any such easement, license, right-of-right of way or other right or privilege or any such agreement or other arrangementprivilege, upon receipt by the Issuer and the Trustee of: :
(ia) a A copy of the instrument of grant grant, release, or release or of amendment in form satisfactory to the agreement or other arrangement, Issuer and the Trustee;
(iib) a A written application signed by the Authorized Company Representative requesting such instrument, and ; and
(iiic) a A certificate executed by the Company Company, and such other persons as the Issuer and the Trustee may reasonably require, stating (aa) that such grant grant, release or release amendment is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant grant, release or release amendment will not impair the effective use or interfere with the efficient and economical operation of the Project Facilities and will not materially adversely affect the security of the Bondowners. in any material If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners under this Agreement and shall not be affected by any termination of this Lease Agreement or default on the part of the Company hereunder. If no Event of Default shall have happened has occurred and be is then continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, Company but, in the event of the termination of this Lease because if an Event of Default of the Companyhas occurred and is then continuing, all rights then existing of the Company with respect to or under such grant grant, shall inure to the benefit of and be exercisable by the IssuerIssuer and the Trustee. Nothing in this Agreement shall diminish the respective rights of the Trustee under the Indenture, including without limitation, the right to prohibit the granting of easements without their prior written consent if such prior consent is reserved.
Appears in 1 contract
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, Lessee may at any time or times, with the prior written consent of the Owners of not less than a majority in aggregate principal amount of the Bonds Outstanding (a) grant easements, licenses licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Lessee shall determine, and the Issuer agrees, to the extent that it may legally do so, . The City agrees that it will execute and deliver and will cause and direct the Trustee to execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer City and the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative Lessee requesting such instrument, and ; (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyLessee, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Project, and will not materially adversely affect the security intended to be given by or under the Indenture and (iv) written consent of the BondownersOwners of not less than a majority in aggregate principal amount of the Bonds Outstanding. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer City and the right of Trustee under this Lease and the Bondowners Indenture and shall not be affected by any termination of this Lease or default on the part of the Company Lessee hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Lessee for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.arrangement
Appears in 1 contract
Sources: Lease Agreement
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the ProjectLeased Property, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Leased Property and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (CHS Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Corporation may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Corporation shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Corporation Representative requesting such instrument, and (iii) a certificate executed by the Company Corporation stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyCorporation, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Corporation hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Corporation for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyCorporation, but, in the event of the termination of this Lease because of Default of the CompanyCorporation, all rights then existing of the Company Corporation with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease Agreement (Elecsys Corp)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Master Lease Agreement
Granting of Easements. If no Event of Default under this the Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or 1677850N.003 privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aaa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this the Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this the Lease because or continuing Event of Default of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (Royal Caribbean Cruises LTD)
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company stating Tenant staling (aa) that such grant t▇▇▇ ▇▇▇▇ ▇▇▇▇▇ or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbCob) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (Collins Industries Inc)
Granting of Easements. If no Event of Default under this Lease shall have happened Agreement has occurred and be is continuing, the Company Lessee may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determineLessee determines, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Lessee Representative requesting such instrument, and (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyLessee, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease Agreement or default on the part of the Company Lessee hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Company Lessee for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyLessee, but, in the event of the termination of this Lease Agreement because of Default an Event of the CompanyDefault, all rights then existing of the Company Lessee with respect to or under such grant shall will inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease Agreement (Labone Inc)
Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Project Lease
Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.
Appears in 1 contract
Sources: Lease (MGP Ingredients Inc)