Common use of Assignment of Lease Agreement and Rents by the Issuer Clause in Contracts

Assignment of Lease Agreement and Rents by the Issuer. The Issuer has, simultaneously with the delivery of this Lease Agreement, assigned its interest in and pledged any money receivable under this Lease Agreement (other than certain rights to indemnification and reimbursement) to the Trustee as security for payment of the Bonds, and the User hereby consents to such assignment and pledge. The Issuer has in the Indenture obligated itself to follow the instructions of the Trustee or the Owners or a certain percentage thereof in the election or pursuit of any remedies herein vested in it. The Trustee shall have all rights and remedies herein accorded to the Issuer and any reference herein to the Issuer shall be deemed, with the necessary changes in detail, to include the Trustee, and the Trustee and the Owners are deemed to be third party beneficiaries of the covenants, agreements and representations of the User herein contained. Neither the Issuer nor the User will unreasonably withhold any consent herein or in the Indenture required of either of them. The User shall not be deemed to be a party to the Indenture or the Bonds and reference in this Lease Agreement to the Indenture and the Bonds shall not impose any liability or obligation upon the User other than its specific obligations and liabilities undertaken in this Lease Agreement.

Appears in 5 contracts

Samples: Lease Agreement (Accuride Corp), Lease Agreement (Transportation Technologies Industries Inc), Bond Guaranty Agreement (Johnstown America Industries Inc)

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Assignment of Lease Agreement and Rents by the Issuer. The Issuer has, simultaneously with the delivery of this Lease Agreement, assigned its interest in and pledged any money receivable under this Lease Agreement (other than certain rights to indemnification and reimbursement) to the Trustee as security for payment of the Bonds, and the User hereby consents to such assignment and pledge. The Issuer has in the Indenture obligated itself to follow the instructions of the Trustee or the Owners or a certain percentage thereof in the election or pursuit of any remedies herein vested in it. The Trustee shall have all rights and remedies herein accorded to the Issuer and any reference herein to the Issuer shall be deemed, with the necessary changes in detail, to include the Trustee, and the Trustee and the Owners registered owners of the Bonds are deemed to be third party beneficiaries of the covenants, agreements and representations of the User herein contained. Neither the Issuer nor the User will unreasonably withhold any consent herein or in the Indenture required of either of them. The User shall not be deemed to be a party to the Indenture or the Bonds and reference in this Lease Agreement to the Indenture and the Bonds shall not impose any liability or obligation upon the User other than its specific obligations and liabilities undertaken in this Lease Agreement.

Appears in 4 contracts

Samples: Lease Agreement (Cavalier Homes Inc), Lease Agreement (Cavalier Homes Inc), Lease Agreement (Cavalier Homes Inc)

Assignment of Lease Agreement and Rents by the Issuer. (a) The Issuer has, simultaneously with the delivery of this Lease Agreement, assigned its interest in and pledged any money receivable under this Lease Agreement (other than certain rights to indemnification and reimbursement) to the Trustee Bondholder as security for payment of the Bonds, principal of and the User interest on the Bond and the Corporation hereby consents to such assignment and pledge. The Issuer has in the Indenture obligated itself to follow the instructions of the Trustee or the Owners or a certain percentage thereof Bondholder in the election or pursuit of any remedies herein vested in it. The Trustee Bondholder shall have all rights and remedies herein accorded to the Issuer and any reference herein to the Issuer shall be deemed, with the necessary changes in detail, to include the TrusteeBondholder, and the Trustee and the Owners are Bondholder is deemed to be a third party beneficiaries beneficiary of the covenants, agreements and representations of the User Corporation herein contained. (b) Prior to the payment in full of the Bond, the Issuer and the Corporation shall have no power to modify, alter, amend or terminate this Lease Agreement without the prior written consent of the Bondholder. The Issuer will not amend the Indenture or any indenture supplemental thereto without the prior written consent of the Corporation. Neither the Issuer nor the User Corporation will unreasonably withhold any consent herein or in the Indenture required of either of them. . (c) The User Corporation shall not be deemed to be a party to the Indenture or the Bonds Bond, and reference in this Lease Agreement to the Indenture and the Bonds Bond shall not impose any liability or obligation upon the User Corporation other than its specific obligations and liabilities undertaken in this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Cavalier Homes Inc)

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Assignment of Lease Agreement and Rents by the Issuer. (a) The Issuer has, simultaneously with the delivery of this Lease Agreement, assigned its interest in and pledged any money receivable under this Lease Agreement (other than certain rights to indemnification and reimbursement) to the Trustee Bank for the benefit of the Bondholders as security for payment of the Bonds, principal of and the User interest on the Bonds and the Partnership hereby consents to such assignment and pledge. The Issuer has in the Indenture obligated itself to follow the instructions of the Trustee or the Owners or a certain percentage thereof Bondholders in the election or pursuit of any remedies herein vested in it. The Trustee Bondholders shall have all rights and remedies herein accorded to the Issuer and any reference herein to the Issuer shall be deemed, with the necessary changes in detail, to include the TrusteeBondholders, and the Trustee and the Owners Bondholders are deemed to be a third party beneficiaries beneficiary of the covenants, agreements and representations of the User Partnership herein contained. (b) Prior to the payment in full of the Bonds, the Issuer and the Partnership shall have no power to modify, alter, amend or terminate this Lease Agreement without the prior written consent of the Bondholders. The Issuer will not amend the Indenture or any indenture supplemental thereto without the prior written consent of the Partnership. Neither the Issuer nor the User Partnership will unreasonably withhold any consent herein or in the Indenture required of either of them. . (c) The User Partnership shall not be deemed to be a party to the Indenture or the Bonds Bonds, and reference in this Lease Agreement to the Indenture and the Bonds shall not impose any liability or obligation upon the User Partnership other than its specific obligations and liabilities undertaken in this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Cavalier Homes Inc)

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