Collocation Agreements for Managed Sites. In respect of each Managed Site, the applicable AT&T Lessor and each AT&T Ground Lease Party does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator for the Term as to such Site for periods occurring from and after the Effective Date, and shall execute all documentation reasonably requested and prepared by Tower Operator to confirm same to a counterparty under a Collocation Agreement, at Tower Operator’s sole cost and expense within 15 Business Days of receipt of a request therefor from Tower Operator; provided, however, that, if AT&T Lessor or an AT&T Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Lessor and each AT&T Ground Lease Party shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership, trust or other legal entity. In accordance with the provisions of Section 2(d), Tower Operator may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements applicable to the Managed Sites. Each AT&T Lessor hereby (i) assigns and delegates to Tower Operator the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the Term with respect to Managed Sites, subject to the provisions of Section 2(d), and (ii) hereby grants Tower Operator a limited power of attorney and hereby appoints Tower Operator as its attorney in fact to assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the Term.
Appears in 3 contracts
Samples: Master Prepaid Lease (Crown Castle International Corp), Master Prepaid Lease (At&t Inc.), Master Prepaid Lease (Crown Castle International Corp)
Collocation Agreements for Managed Sites. In (a) Subject to the terms and conditions of this Agreement, in respect of each Managed Site, the applicable AT&T Lessor each T-Mobile SPE and each AT&T Ground Lease Party does T-Mobile Contributor, as applicable, hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate delegates all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator Manager for the MPL Site Term or Sale Site Term, as applicable, as to such Managed Sites during the MPL Site for periods occurring from and after the Effective DateTerm or Sale Site Term, as applicable, and shall execute all documentation reasonably requested and prepared by Tower Operator Manager to confirm same to a counterparty under a Collocation Agreement, at Tower Operator’s sole cost and expense Agreement within 15 10 Business Days of receipt of a request therefor from Tower OperatorManager; provided, however, that, if AT&T Lessor or an AT&T Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Lessor and each AT&T Ground Lease Party T-Mobile SPE or such T-Mobile Contributor, as applicable, shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnershippartnership or trust. Manager may amend, trust modify, enforce or other legal entity. In accordance with the provisions waive any terms of Section 2(d), Tower Operator may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements site supplements or site subleases applicable to the Managed Sites, provided that, in the case of the Managed MPL Sites, the provisions of Section 37 of the MPL shall apply to all such actions by Manager, mutatis mutandis. Each AT&T Lessor T-Mobile SPE and each T-Mobile Contributor, as applicable, hereby (i) assigns and delegates to Tower Operator Manager the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties T-Mobile SPE or such T-Mobile Contributor, as applicable, under all Collocation Agreements during the Term with respect to the applicable Managed Sites, subject to to, in the case of the Managed MPL Sites, the provisions of Section 2(d)37 of the MPL, mutatis mutandis.
(b) Manager does hereby agree to pay and perform all of the duties, obligations, liabilities and responsibilities of T-Mobile SPEs and T-Mobile Contributors under the Collocation Agreements affecting each Managed Site arising during the MPL Site Term or Sale Site Term, as applicable, except as otherwise expressly provided in this Agreement, and (ii) hereby grants Tower Operator a limited power of attorney and hereby appoints Tower Operator as its attorney in fact to assert and exercise Manager shall receive all revenue, rents, issues or profits payable under the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during in accordance with Section 3(b) of this Agreement.
(c) Manager shall be permitted to negotiate and enter into any new collocation agreements in its sole discretion, without the Termconsent of any T-Mobile SPE or T-Mobile Contributor, subject to, in the case of any Managed MPL Sites, Section 37 of the MPL, mutatis mutandis.
Appears in 3 contracts
Samples: Management Agreement (T-Mobile US, Inc.), Management Agreement (Crown Castle International Corp), Management Agreement (Crown Castle International Corp)
Collocation Agreements for Managed Sites. In respect of each Managed Site, the applicable AT&T Verizon Lessor and each AT&T Verizon Ground Lease Party does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate delegate, and Tower Operator does hereby accept such delegation of, all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator for the Term as to such Site for periods occurring from and after the Effective Date, subject to Section 6(h), and shall execute all documentation reasonably requested and prepared by Tower Operator to confirm same to a counterparty under a Collocation Agreement, at Tower Operator’s sole cost and expense within 15 Business Days of receipt of a request therefor from Tower Operator; provided, however, that, if AT&T Verizon Lessor or an AT&T a Verizon Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Verizon Lessor and each AT&T Verizon Ground Lease Party shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership, trust or other legal entity. In accordance with the provisions of Section 2(d) and subject to Section 6(h), Tower Operator may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements applicable to the Managed Sites. Each AT&T Verizon Lessor hereby (i) assigns and delegates to Tower Operator, and Tower Operator hereby assumes and accepts, the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Verizon Lessor and all AT&T Verizon Ground Lease Parties under all Collocation Agreements during the Term with respect to Managed Sites, subject to the provisions of Section 2(d) and Section 6(h); provided, however, that no assignment or delegation made pursuant to this Section 6(c) shall infringe upon or otherwise limit any rights of any of the Verizon Group under the Master Lease Agreement or any other agreement by which one or more Verizon Group Members occupies, or provides services to a Managed Site, and (ii) hereby grants Tower Operator until the expiration of the Term, a limited power of attorney and hereby appoints Tower Operator as its attorney in attorney-in-fact to assert for the limited purpose of asserting and exercise exercising the rights of expressly granted to such AT&T Verizon Lessor and all AT&T Verizon Ground Lease Parties under all Collocation Agreements during the Term. The rights assigned to Tower Operator under this paragraph are subject to Section 4(b)(iv) and Section 6(h).
Appears in 2 contracts
Samples: Master Prepaid Lease (American Tower Corp /Ma/), Master Prepaid Lease (American Tower Corp /Ma/)
Collocation Agreements for Managed Sites. (a) In respect of the Included Property of each Managed Site, the applicable AT&T Lessor Verizon Contributor and each AT&T Ground Lease Party Verizon Lessor does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator Manager for the MPL Site Term or Sale Site Term, as applicable, as to such Site Included Property for periods occurring from and after the Effective Date, subject to, with respect to Managed MPL Sites, Section 6(h) of the MPL, and, with respect to the Managed Sale Sites, Section 8(f) of the Sale Site MLA, and shall execute all documentation reasonably requested and prepared by Tower Operator Manager to confirm same to a counterparty under a Collocation Agreement, at Tower OperatorManager’s sole cost and expense within 15 Business Days of receipt of a request therefor from Tower OperatorManager; provided, however, that, if AT&T such Verizon Contributor or Verizon Lessor or an AT&T Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Verizon Contributor or Verizon Lessor and each AT&T Ground Lease Party shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership, trust or other legal entity. In accordance with and subject to the provisions of of, with respect to the Managed MPL Sites, Section 2(d)) and Section 6 of the MPL and, Tower Operator with respect to the Managed Sale Sites, Section 2(f) and Section 8 of the Sale Site MLA, Manager may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements collocation agreements (including site supplements or site subleases) applicable to the Managed Sites. Each AT&T Verizon Contributor and Verizon Lessor hereby (i) assigns and delegates to Tower Operator Manager the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Verizon Contributor or Verizon Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the MPL Site Term or Sale Site Term, as applicable, with respect to Managed Sites, subject to to, in the case of the Managed MPL Sites, the provisions of Section 2(d)) and Section 6 of the MPL, and, in the case of the Managed Sale Sites, the provisions of Section 2(f) and Section 8 of the Sale Site MLA; provided, however, that no assignment or delegation made pursuant to this Section 2(a) shall infringe upon or otherwise limit any rights of any of the Verizon Group (as defined in the MPL) under the MPL Site MLA or Sale Site MLA, as applicable, or any other agreement by which one or more Verizon Group Member (as defined in the MPL) occupies, or provides services to a Managed Site, and (ii) hereby grants Tower Operator Manager until the expiration of the MPL Site Term or Sale Site Term, as applicable, a limited power of attorney and hereby appoints Tower Operator Manager as its attorney in attorney-in-fact to assert for the limited purpose of asserting and exercise exercising the rights of expressly granted to such AT&T Verizon Contributor or Verizon Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the MPL Site Term or Sale Site Term, as applicable. The rights assigned and delegated to Manager under this paragraph are subject to Section 4(b)(iv) and Section 6(h) of the MPL and Section 8(f) of the Sale Site MLA.
(b) Manager does hereby assume and agree to pay and perform all of the duties, obligations, liabilities and responsibilities of the Verizon Contributors and Verizon Lessors under the Collocation Agreements affecting each Managed Site arising during the MPL Site Term or the Sale Site Term, as applicable, except as otherwise expressly provided in this Agreement or any Collateral Agreement, and Manager shall receive all revenue, rents, issues or profits payable under the Collocation Agreements accruing from and after the Effective Date and all revenue, rents, issues or profits received with respect to such agreements on or prior to the Effective Date for or with respect to periods from and after the Effective Date. In the event any Verizon Group Member (as defined in the MPL) receives Tower Subtenant (as defined in the MPL) rental payments for any Collocation Agreement relating to periods from or after the Effective Date, such Verizon Group Member will forward such payment (or issue payment in an amount equal thereto) to Manager within 30 days of receipt of such rental payment. The expiration of this Agreement with respect to any Managed Site, whether by reason of conversion of such Managed Site to a Lease Site or Assignable Site or otherwise, shall not release Manager of any obligations in respect of such Managed Site arising during the MPL Site Term or Sale Site Term, as applicable.
(c) Manager shall be permitted to negotiate and enter into, amend or modify any new or existing collocation agreements (including site supplements or site subleases) in its sole discretion, without the consent of any Verizon Contributor or Verizon Lessor; provided, however, in the case of any Managed MPL Sites, such collocation agreements must comply with the requirements set forth in Section 2(d) of the MPL, and must contain the provisions set forth in Exhibit K to the MPL, mutatis mutandis, and, in the case of any Managed Sale Sites, such collocation agreements must comply with the requirements set forth in Section 2(f) of the Sale Site MLA and must contain the provisions set forth in Exhibit Q to the Sale Site MLA, mutatis mutandis.
Appears in 2 contracts
Samples: Management Agreement (American Tower Corp /Ma/), Management Agreement (American Tower Corp /Ma/)
Collocation Agreements for Managed Sites. (a) In respect of the Included Property of each Managed Site, the applicable AT&T Lessor Contributor and each AT&T Ground Lease Party Newco does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator Manager for the MPL Site Term or Sale Site Term, as applicable, as to such Site Included Property for periods occurring from and after the Effective Date, and shall execute all documentation reasonably requested and prepared by Tower Operator Manager to confirm same to a counterparty under a Collocation Agreement, at Tower OperatorManager’s sole cost and expense within 15 Business Days of receipt of a request therefor from Tower OperatorManager; provided, however, that, if such AT&T Lessor Contributor or an AT&T Ground Lease Party Newco reasonably determines it to be unduly burdensome, such AT&T Lessor and each Contributor or AT&T Ground Lease Party Newco shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership, trust or other legal entity. In accordance with the provisions of Section 2(d), Tower Operator Manager may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements collocation agreements (including site supplements or site subleases) applicable to the Managed Sites; provided that, in the case of the Managed MPL Sites, the provisions of Section 2(d) of the MPL shall apply to all such actions by Manager, mutatis mutandis. Each AT&T Lessor Contributor and AT&T Newco hereby (i) assigns and delegates to Tower Operator Manager the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Lessor and all Contributor or AT&T Ground Lease Parties Newco under all Collocation Agreements during the MPL Site Term or Sale Site Term, as applicable, with respect to Managed Sites, subject to to, in the case of the Managed MPL Sites, the provisions of Section 2(d)) of the MPL, and (ii) hereby grants Tower Operator a limited power of attorney and hereby appoints Tower Operator as its attorney in fact to assert and exercise the rights of such AT&T Lessor and all Contributor or AT&T Ground Lease Parties Newco under all Collocation Agreements during the MPL Site Term or Sale Site Term, as applicable.
(b) Manager does hereby assume and agree to pay and perform all of the duties, obligations, liabilities and responsibilities of the AT&T Contributors and AT&T Newcos under the Collocation Agreements affecting each Managed Site arising during the MPL Site Term or the Sale Site Term, as applicable, except as otherwise expressly provided in this Agreement or any Collateral Agreement, and Manager shall receive all revenue, rents, issues or profits payable under the Collocation Agreements accruing from and after the Effective Date and all revenue, rents, issues or profits received with respect to such agreements on or prior to the Effective Date for or with respect to periods from and after the Effective Date. The expiration of this Agreement with respect to any Managed Site, whether by reason of conversion of such Managed Site to a Lease Site or Assignable Site or otherwise, shall not release Manager of any obligations in respect of such Managed Site arising during the MPL Site Term or Sale Site Term, as applicable.
(c) Manager shall be permitted to negotiate and enter into, amend or modify any new or existing collocation agreements (including site supplements or site subleases) in its sole discretion, without the consent of any AT&T Contributor or AT&T Newco, subject, in the case of any Managed MPL Sites, to Section 2(d) of the MPL (including Section 2(d)(C) thereof), mutatis mutandis.
Appears in 2 contracts
Samples: Management Agreement (Crown Castle International Corp), Management Agreement (Crown Castle International Corp)
Collocation Agreements for Managed Sites. In respect of each Managed Site, the applicable AT&T Lessor and each AT&T Ground Lease Party does hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator for the Term as to such Site for periods occurring from and after the Effective Date, and shall execute all documentation reasonably requested and prepared by Tower Operator to confirm same to a counterparty under a Collocation Agreement, at Tower Operator’s sole cost and expense within 15 Business Days of receipt of a request therefor from Tower Operator; provided, however, that, if AT&T Lessor or an AT&T Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Lessor and each AT&T Ground Lease Party shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnership, trust or other legal entity. In accordance with the provisions of Section 2(d), Tower Operator may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements applicable to the Managed Sites. Each AT&T Lessor hereby (i) assigns and delegates to Tower Operator the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the Term with respect to Managed Sites, subject to the provisions of Section 2(d), and (ii) hereby grants Tower Operator a limited power of attorney and hereby appoints Tower Operator as its attorney in fact to assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during the Term.. 20 (d)Tower Operator Assumption of Obligations and Benefits Under Collocation Agreements. Tower Operator does hereby assume and agree to pay and perform all of the duties, obligations, liabilities and responsibilities of the AT&T Lessors and all AT&T Ground Lease Parties under the Collocation Agreements affecting each Site arising from and after the Effective Date, except as otherwise expressly provided in this Agreement, and Tower Operator shall receive all revenue, rents, issues or profits payable under the Collocation Agreements accruing from and after the Effective Date and all revenue, rents, issues or profits received with respect to such agreements on or prior to the Effective Date for or with respect to periods from and after the Effective Date. (e)
Appears in 1 contract
Samples: Master Prepaid Lease
Collocation Agreements for Managed Sites. In (a) Subject to the terms and conditions of this Agreement, in respect of each Managed Site, the applicable AT&T Lessor each T-Mobile SPE and each AT&T Ground Lease Party does T-Mobile Contributor, as applicable, hereby (on its behalf and on behalf of any Affiliate thereof that is a party thereto) delegate delegates all of its respective rights, duties, obligations and responsibilities under the Collocation Agreements to Tower Operator Manager for the MPL Site Term or Sale Site Term, as applicable, as to such Managed Sites during the MPL Site for periods occurring from and after the Effective DateTerm or Sale Site Term, as applicable, and shall execute all documentation reasonably requested and prepared by Tower Operator Manager to confirm same to a counterparty under a Collocation Agreement, at Tower Operator’s sole cost and expense Agreement within 15 10 Business Days of receipt of a request therefor from Tower OperatorManager; provided, however, that, if AT&T Lessor or an AT&T Ground Lease Party reasonably determines it to be unduly burdensome, such AT&T Lessor and each AT&T Ground Lease Party T-Mobile SPE or such T-Mobile Contributor, as applicable, shall not be required to obtain any new board resolutions from any Person that is a corporation or similar resolutions or approvals from any Person that is a limited liability company, partnershippartnership or trust. Manager may amend, trust modify, enforce or other legal entity. In accordance with the provisions waive any terms of Section 2(d), Tower Operator may enter into waivers, amendments, extensions, restatements, renewals and any other documentation relating to any Collocation Agreements, to the extent they apply to the Managed Sites, or enter into new Collocation Agreements site supplements or site subleases applicable to the Managed Sites, provided that, in the case of the Managed MPL Sites, the provisions of Section 37 of the MPL shall apply to all such actions by Manager, mutatis mutandis. Each AT&T Lessor T-Mobile SPE and each T-Mobile Contributor, as applicable, hereby (i) assigns and delegates to Tower Operator Manager the sole and exclusive right to perform the obligations of and assert and exercise the rights of such AT&T Lessor and all AT&T Ground Lease Parties T-Mobile SPE or such T-Mobile Contributor, as applicable, under all Collocation Agreements during the Term with respect to the applicable Managed Sites, subject to to, in the case of the Managed MPL Sites, the provisions of Section 2(d)37 of the MPL, mutatis mutandis.
(b) Manager does hereby agree to pay and perform all of the duties, obligations, liabilities and responsibilities of T-Mobile SPEs and T-Mobile Contributors under the Collocation Agreements affecting 2 each Managed Site arising during the MPL Site Term or Sale Site Term, as applicable, except as otherwise expressly provided in this Agreement, and (ii) hereby grants Tower Operator a limited power of attorney and hereby appoints Tower Operator as its attorney in fact to assert and exercise Manager shall receive all revenue, rents, issues or profits payable under the rights of such AT&T Lessor and all AT&T Ground Lease Parties under all Collocation Agreements during in accordance with Section 3(b) of this Agreement.
(c) Manager shall be permitted to negotiate and enter into any new collocation agreements in its sole discretion, without the Termconsent of any T-Mobile SPE or T-Mobile Contributor, subject to, in the case of any Managed MPL Sites, Section 37 of the MPL, mutatis mutandis.
Appears in 1 contract
Samples: Management Agreement