Warrant of Title. (a) Each Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, such Lessee shall not directly or indirectly create or allow to remain, and shall, within sixty (60) days of receiving notice of same, discharge at its sole cost and expense, any Lien (other than any Lessor Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon its Property or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon its Property or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any or with respect to any amounts held by the Lessor, any other Participant, the Lease Agent or the Collateral Agent pursuant to the Loan Agreement or the other Operative Documents, other than Permitted Property Liens. (b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NONE OF THE LESSOR OR THE LENDERS IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR OR ANY LENDER IN AND TO ANY PROPERTY.
Appears in 1 contract
Sources: Master Lease, Open End Mortgage and Purchase Option (Multicare Companies Inc)
Warrant of Title. (a) Each The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, such the Lessee shall not directly or indirectly create or allow to remain, and shall, within sixty (60) days of receiving notice of same, shall promptly discharge at its sole cost and expense, any Lien (other than any Lessor Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon its the Property or any Modifications or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon its Property or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any or with respect to any amounts held by the Lessor, any other Participant, the Lease Agent or the Collateral Agent Lenders pursuant to the Loan Agreement or the other Operative Loan Documents, other than Lessor Liens, Permitted Property LiensLiens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to any the Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NONE OF NEITHER THE LESSOR OR LESSOR, TRUST COMPANY, THE LENDERS CERTIFICATE PURCHASER NOR ANY LENDER IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING A THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR LESSOR, THE CERTIFICATE PURCHASER OR ANY LENDER IN AND TO ANY THE PROPERTY.
Appears in 1 contract
Sources: Lease and Open End Mortgage (Fore Systems Inc /De/)