Covenants of the Lessor. The Lessor hereby agrees that so long as this Agreement is in effect:
(a) The Lessor will not create or permit to exist at any time, and will, at its own cost and expense, promptly take such action as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens on the Property attributable to it; provided, however, that the Lessor shall not be required to so discharge any such Lessor Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as such proceedings shall not materially and adversely affect the rights of the Lessee under the Lease and the other Operative Agreements or involve any material danger of impairment of the Liens of the Security Documents or of the sale, forfeiture or loss of, and shall not interfere with the use or disposition of, the Property or title thereto or any interest therein or the payment of Rent;
(b) The Lessor shall not (i) commence any case, proceeding or other action under any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, arrangement, winding-up, liquidation, dissolution, composition or other relief with respect to it or its debts, or (ii) seek appointment of a receiver, trustee, custodian or other similar official for all or any substantial benefit of the creditors of the Lessor; and the Lessor shall not take any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the acts set forth in this paragraph;
(c) The Lessor shall give prompt written notice to the Lessee, the Primary Financing Parties (other than the Lessor) and the Agent if the Lessor’s location for purposes of the UCC shall cease to be North Carolina, or if the Lessor’s principal place of business or chief executive office, or the office where the records concerning the accounts or contract rights relating to the Property are kept, shall cease to be located at One Wachovia Center, 300 Xxxxx Xxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxxx 00000;
(d) The Lessor shall take or refrain from taking such actions and grant or refrain from granting such approvals with respect to the Operative Agreements and/or relating to the Property in each case as directed in writing by the Agent (until such time as the Loans are paid in full) or, in connection with Section 8.5 hereof, the Lessee; provided, however, that each of the Agent, the Primary Financing Parties (other than the...
Covenants of the Lessor. The Lessor covenants and agrees with the Lessee during the Lease Term as follows:
Covenants of the Lessor. The Lessor hereby agrees that so long as this Participation Agreement is in effect:
Covenants of the Lessor. The Lessor hereby agrees that so long as this Agreement is in effect:
(a) The Lessor will not create or permit to exist at any time, and the Lessor will, at its own cost and expense, promptly take such action as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens on the Property and the Collateral; provided, however, that the Lessor shall not be required to so discharge any such Lessor Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as such proceedings shall not materially and adversely affect the rights of the Lessee under the Lease and the other Operative Agreements or involve any material danger of impairment of the Liens of the Security Documents or of the sale, forfeiture or loss of, and shall not interfere with the use or disposition of, the Property or title thereto or any interest therein or the payment of Rent;
(b) The Lessor shall give prompt notice to the Lessee and the Agent if the Lessor’s location for purposes of the UCC shall cease to be in the State of Delaware or if the Lessor’s principal place of business, chief executive office or office where the records concerning the accounts or contract rights relating to the Property are kept, shall cease to be located at 000 Xxxxx Xxxxx Xxxxxx, Charlotte, North Carolina 28202 or if it shall change its name; and
(c) The Lessor shall take or refrain from taking such actions and grant or refrain from granting such approvals with respect to the Operative Agreements and/or relating to the Property in each case as directed in writing by the Agent in accordance with the Operative Agreements (until such time as the Credit Notes and the Mortgage Notes are paid in full, and then as determined by the Lessor, but in all cases subject to the provisions of any intercreditor agreements among the Credit Lenders, the Mortgage Lenders and/or the Lessor) or, in connection with Sections 8.5, 9.1 and 9.2 hereof, the Construction Agent or the Lessee; provided, however, that notwithstanding the foregoing provisions of this subparagraph (c) the Lessor shall retain its right to approve or disapprove of each Unanimous Vote Matter or matters for which its consent is required pursuant to Section 8.6 in its sole discretion and without regard to any direction from any other Financing Party, any Credit Party or any other Person and the Lessor shall retain its rights in the Excepted Payments and any and all other rights expressly reserved...
Covenants of the Lessor. The Lessor hereby agrees that so ----------------------- long as this Participation Agreement is in effect:
Covenants of the Lessor. The Lessor covenants & represents as follows:
i. That minimum ? Three-phase separate commercial electric meter for the Demised Premises shall be made available by the lessor for the Lessee’s exclusive use. If required by the lessee the lessor shall be bound to increase the electricity load at the demised premises.
ii. The Lessor will complete the Transformer’s & Electric Meter(s) installation & connection as per Clauses 4.2 (d) & 4.2 (e) before the Lessee’s shop’s opening date for business. However, during the lease term, if the transformer or the electric meter(s) malfunction & / or require repairs / replacements due to excessive electrical loads by the Lessee’s equipment at the demised premises, then the Lessee shall be responsible for restoring the transformer & /or electric meter(s) to their working conditions. For any & all other reasons, where the transformer or the electric meters malfunction & / or require repairs / replacements, then the Lessor shall be responsible for restoring them to their working conditions & all associated costs shall be borne by the Lessor.
iii. That at the time of possession, the Demised Premises with its structure, columns, beams, roof, walls & all joints of the building sealed & water tight, in addition to, all fittings, water, electricity, plumbing, drainage & sewerage connections deemed in safe, sound & working condition. The Lessor hereby undertakes to show the “Structural Stability Certificate” issued by the competent authority to the Lessee before handing over the possession of the Demised Premises.
iv. That the said property, inclusive of the Demised Premises, has been duly commercialized after obtaining all official approvals & completing all requisite legal formalities in order for the Lessee to conduct their business activities. The Lessor hereby undertakes to show a copy of the “Commercialization Certificate” to the Lessee before handing over the possession of the Demised Premises.
v. That the entire Site, including the Demised Premises, has been constructed in accordance with the approved Building Plans & that there are no violations of any rules or regulations of any concerned authority. The Lessor undertakes to indemnify & keep the Lessee harmless from & against all losses, damages, costs & expenses that may be incurred or sustained by the Lessee due to any notices or proceedings resulting from any unauthorized or unlawful construction or commercialization of the Site. In case the Lessee suffers any loss or s...
Covenants of the Lessor. The Lessor covenants with the Lessee for quiet enjoyment of the Leased Premises and the rights appurtenant thereto, subject to the provisions of this Lease, and to observe and perform all the covenants and provisions of this Lease on its part to be observed and performed.
Covenants of the Lessor. The Lessor hereby agrees that so long ----------------------- as this Agreement is in effect:
Covenants of the Lessor. (i) The Lessor hereby covenants that it shall not lease out any portion of the Premises of which the Demised Premises forms a part to any other individual or organization whether a firm or a company engaged in the business of medical transcription, medical billing and coding during the subsistence of this Lease.
(ii) The Lessor further covenants that the Food Court forming part of the premises of which the Demised Premises forms a part shall be ready for use by the Lessee by 30th July 2005.
(iii) The Lessee to have a first right of refusal on the first floor of the IT Park measuring approx.19,676 sq.ft. space forming part of the premises of which the Demised Premises forms a part.
(iv) The Lessor shall allow use of facilities such as conference hail, meeting rooms, library, indoor and outdoor playing courts, dormitory suites, etc. at mutually agreed terms.
(v) The Lessor shall provide and maintain an elevator of 20 people capacity for the exclusive use of the Lessee.
(vi) The Lessor shall allow installation of radio tower/boosters/dish and equipment on the terrace of the Demised Premises/Premises with the restriction that the same will not obstruct and disturb the general appearance of the building housing the Demised Premises.
(vii) The Lessor shall do the interiors/fit-out as per the specification of the Lessee on mutually agreed terms under a separate agreement entered for this purpose.
(viii) The Lessor shall allow installation of the Lessee's A/C Chiller plant on the terrace of the Demised Premises and the space thus utilized will be part of the leasehold premises allotted to the Lessee.
Covenants of the Lessor. 23 ----------------------- 4.1 LANDLORD'S COVENANTS 23 4.1.1 Delivery of Premises 23 4.1.2 quiet enjoyment 23 4.1.3 Structural Elements of the Exterior 24 ARTICLE V-COVENANTS OF THE LESSEE 24 ----------------------- 5.1
