Common use of COVENANTS OF THE OWNER TRUSTEE AND THE HOLDERS Clause in Contracts

COVENANTS OF THE OWNER TRUSTEE AND THE HOLDERS. Each of the Owner Trustee and each of the Holders, each individually and not jointly, hereby agree that so long as this Agreement is in effect: (a) None of the Holders and the Owner Trustee (both in its trust capacity and in its individual capacity) will create or permit to exist at any time, and each of the Holders and the Owner Trustee will, at its own cost and expense, promptly take such action (and notify Lessee of such action) as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens attributable to it on the Properties; provided, however, that the Holders and the Owner Trustee shall not be required to discharge any such Lessor Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as (a) such proceedings shall not involve any material danger of impairment of the Liens of the Security Documents or of the sale, forfeiture or loss of, the Properties or title thereto or any interest therein or the payment of Rent, and (b) such proceedings shall not materially interfere with the disposition of any Property or title thereto or interest therein or the payment of Rent or the possession and use of the Properties by the Lessee;

Appears in 2 contracts

Samples: Participation Agreement (Healthsouth Corp), Participation Agreement (Healthsouth Corp)

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COVENANTS OF THE OWNER TRUSTEE AND THE HOLDERS. Each of the Owner Trustee and each of the Holders, each individually and not jointly, Holders hereby agree agrees that so long as this Agreement is in effect: (a) None of the Holders and Neither the Owner Trustee (both in its trust capacity and or in its individual capacity) nor any Holder will create or permit to exist at any time, and each of the Holders and the Owner Trustee them will, at its own cost and expense, promptly take such action (and notify Lessee of such action) as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens on the Property attributable to it on the Propertiesit; provided, however, that the Holders Owner Trustee and the Owner Trustee Holders 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 (a) 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 Properties use or disposition of, the Property or title thereto or any interest therein or the payment of Rent, and; (b) Without prejudice to any right under the Trust Agreement of the Owner Trustee to resign (subject to the requirement set forth in the Trust Agreement that such proceedings resignation shall not materially interfere with the disposition of any Property or title thereto or interest therein or the payment of Rent or the possession and use of the Properties by the Lessee;be effective until a successor shall have agreed to accept such appointment),

Appears in 1 contract

Samples: Participation Agreement (Veritas Software Corp /De/)

COVENANTS OF THE OWNER TRUSTEE AND THE HOLDERS. Each of the Owner Trustee and each of the Holders, each individually and not jointly, Holders hereby agree that so long as this Agreement is in effect: (a) None of the Holders and the Owner Trustee (both in its trust capacity and in its individual capacity) will create or permit to exist at any time, and each of the Holders and the Owner Trustee will, at its own cost and expense, promptly take such action (and notify Lessee of such action) as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens attributable to it on the Properties; provided, however, that the Holders and the Owner Trustee shall not be required to discharge any such Lessor Lien while the same is being contested in good faith by appropriate proceedings diligently prosecuted so long as (a) such proceedings shall not involve any material danger of impairment of the Liens of the Security Documents or of the sale, forfeiture or loss of, the Properties any Property or title thereto or any interest therein or the payment of Rent, and and (b) such proceedings shall not materially interfere with the disposition of any Property or title thereto or interest therein or the payment of Rent or the possession and use of the Properties by the LesseeRent;

Appears in 1 contract

Samples: Participation Agreement (Wackenhut Corrections Corp)

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COVENANTS OF THE OWNER TRUSTEE AND THE HOLDERS. Each of the Owner Trustee and each of the Holders, each individually and not jointly, Holders hereby agree agrees that so long as this Agreement is in effect: (a) None Each of the Holders and the Owner Trustee (both in its trust capacity and in its individual capacity) and the Holders will not create or permit to exist at any time, and each of the Holders and the Owner Trustee will, at its own cost and expense, promptly take such action (and notify Lessee of such action) as may be necessary duly to discharge, or to cause to be discharged, all Lessor Liens on the Property attributable to it on the Propertiesit; provided, however, that the Holders Owner Trustee and the Owner Trustee Holders 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 (a) such proceedings shall not 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 Properties use or disposition of, any Property or title thereto or any interest therein or the payment of Rent, and; (b) Without prejudice to any right under the Trust Agreement of the Owner Trustee to resign (subject to requirement set forth in the Trust Agreement that such proceedings resignation shall not materially interfere with the disposition of any Property or title thereto or interest therein be effective until a successor, shall have agreed to accept such appointment), or the payment of Rent or Holders rights under the possession and use of Trust Agreement to remove the Properties by institution acting as the Lessee;Owner Trustee (after consent to such removal by

Appears in 1 contract

Samples: Participation Agreement (Lci International Inc /Va/)

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