Common use of Grant of Easements, etc Clause in Contracts

Grant of Easements, etc. Borrower may, from time to time, so long as no Event of Default has occurred and is continuing, at Borrower's cost and expense: (i) grant easements and other rights in the nature of easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Property; (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interest in the Property), but only upon delivery to Lender of an Officer's Certificate (which Officer's Certificate, if contested by Lender, shall not be binding on Lender) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, release, dedicate or execute any of the foregoing items in this Section 6.4(d) without obtaining Xxxxxx's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Property.

Grant of Easements, etc. Borrower may, from time to time, so long as no Event of Default has occurred and is continuing, at Borrower's cost and expense: (i) grant easements and other rights in the nature of easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Property; (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interest in the Property), but only upon delivery to Lender of an Officer's Certificate (which Officer's Certificate, if contested by Lender, shall not be binding on Lender) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, release, dedicate or execute any of the foregoing items in this Section 6.4(d) without obtaining XxxxxxLender's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Property.

Grant of Easements, etc. Borrower mayThe Owner Trustee, from time to timethe Agent, the Lenders and the Holders hereby agree that, so long as no Event of Default has shall have occurred and is be continuing, the Lessee may take the following actions in the name and stead of the Owner Trustee (but at BorrowerLessee's sole cost and expense: ) in connection with the transactions contemplated by the Agency Agreement, the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements; easements with respect to any Property, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the any Property; , (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person Person any instrument appropriate to confirm or effect such grants, grants or releases, dedications and transfers (iv) execute and deliver to any Person such other documents or materials in connection with the extent acquisition, development, construction, testing or operation of its interest any Property, including without limitation reciprocal easement agreements, construction contracts, operating agreements, development agreements, plats, replats or subdivision documents; provided, that each of the agreements referred to in this Section 8.5 shall be of the type normally executed by the Lessee in the ordinary course of the Lessee's business and shall be on commercially reasonable terms so as not to diminish the fair market value of any Property); provided, but only further, that nothing in this Section 8.5 shall be deemed to permit the Lessee to modify, amend, alter, release, terminate or otherwise affect that certain Grant of Easements, Restriction and Indemnity Agreement dated as of December 24, 1997 and executed by Raytheon Semiconductor, Inc., as grantor, in favor of Raytheon, together with its successors in title, as grantee, without the consent of the Agent. The Owner Trustee shall, upon delivery Lessee's reasonable request, promptly execute and deliver any instrument necessary or appropriate to Lender of an Officer's Certificate (which Officer's Certificate, if contested by Lender, shall not be binding on Lender) stating that confirm such grant, release, dedication, transfer, petition dedication or amendment is not detrimental transfer to the proper conduct of the business of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, release, dedicate or execute any of the foregoing items in Person permitted under this Section 6.4(d) without obtaining Xxxxxx's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Property8.5.

Grant of Easements, etc. Borrower mayThe Collateral Agent, from time to timethe Agent, the Lenders and the Certificateholders hereby agree that, so long as no Event of Default has or Potential Default shall have occurred and is be continuing, the Lessor, the Certificateholders, the Lenders, the Agent and the Collateral Agent hereby consent to the following actions by Lessee, in the name and stead of Owner Trustee, but at BorrowerLessee's sole cost and expense: (i) the grant of easements and other rights in the nature of easementseasements with respect to the Property (prior to the Lien of the Deed of Trust) with respect to the use, repair, renovation or maintenance of the Property; (ii) the release (free and clear of the Lien of the Lien of the Deed of Trust) existing easements or other rights in the nature of easements which are for the benefit of the Property; , (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed execution and delivery to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person Person of any instrument appropriate to confirm or effect such grants, grants or releases, dedications and transfers (iv) filing and processing or execution and deliver, to any Person of such other documents or materials in connection with the acquisition, development, construction, testing or operation of the Property, including without limitation reciprocal easement agreements, construction contracts, operating agreements, development agreements, plats, replats or subdivision documents; provided, that in each case the Lessee shall have delivered to the extent of its interest in the Property), but only upon delivery to Lender of Owner Trustee an Officerofficer's Certificate certificate stating that: (which Officer's Certificate, if contested by Lender, shall not be binding on LenderA) stating that such grant, release, dedication, transfer, petition filing or amendment is processing does not detrimental to materially impair the proper conduct value or useful life of the business of Borrower on the Property and does not materially reduce its value is reasonably necessary or usefulness for beneficial to the Primary Intended Use. Borrower construction, use, maintenance, alteration, renovation, restoration or improvement of the Property; and (B) the Lessee shall not pay and perform all obligations of the Owner Trustee under such grant, release, dedicate dedication, transfer, filing or execute any processing. Without limiting the effectiveness of the foregoing items in foregoing, provided that no Event of Default or Potential Default shall have occurred and be continuing, the Owner Trustee shall, upon request of the Lessee, and at the Lessee's sole cost and expense, execute and deliver any instrument necessary or appropriate to confirm any such grant, release, dedication or transfer to any Person permitted under this Section 6.4(d) without obtaining Xxxxxx's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Property8.5.

Grant of Easements, etc. Borrower mayThe Agent, from time to timethe Lenders and the Holders hereby agree that, so long as no Event of Default has shall have occurred and is be continuing, the City of Little Rock (with respect to the Little Rock Property), the Bond Trustee, the Trustee and the Owner Trustee, as the case may be, shall, from time to time at Borrower's cost the request of the Lessee (and expense: with the prior consent of the Agent and the Majority Secured Parties), in connection with the transactions contemplated by the Construction Agency Agreement, the Lease, the other Operative Agreements or the Bond Documents, (i) grant easements and other rights in the nature of easements; easements with respect to any Property, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the any Property; , (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person Person any instrument appropriate to confirm or effect such grants, grants or releases, dedications and transfers (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of any Property, including without limitation reciprocal easement agreements, construction contracts, operating agreements, development agreements, plats, replats or subdivision documents; provided, that each of the agreements referred to in this Section 8.5 shall be of the type normally executed by the Lessee in the ordinary course of the Lessee's business and shall be on commercially reasonable terms so as not to diminish the value of any Property in any material respect. The Lessor acknowledges the Lessee's right to finance and to secure under the Uniform Commercial Code, inventory, furnishings, furniture, equipment, machinery, leasehold improvements and other personal property located at the Property other than Equipment which is not in violation of the terms of the Lease, and the Lessor agrees to execute at Lessee's sole cost and expense any waiver forms and releases of Lessor Liens in favor of any purchase money seller, lessor or lender which has financed or may finance in the future such items reasonably acceptable to the extent Lessor and the Agent. Without limiting the effectiveness of its interest in the Property)foregoing, but only provided that no Lease Event of Default shall have occurred and be continuing, the Lessor shall, upon delivery the reasonable request of the Lessee, and at the Lessee's sole cost and expense, execute and deliver any instruments necessary or appropriate and reasonably acceptable to Lender of an Officer's Certificate (which Officer's Certificate, if contested by Lender, shall not be binding on Lender) stating that the Lessor and the Agent to confirm any such grant, release, dedication, transfer, petition annexation or amendment is not detrimental to the proper conduct of the business of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, release, dedicate or execute any Person permitted under this Section 8.5 including landlord waivers with respect to any of the foregoing items in this Section 6.4(d) without obtaining Xxxxxx's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Propertyforegoing.

Grant of Easements, etc. Borrower may(a) The Agent, from time to timethe Lenders and the Holders hereby agree that, so long as no Event of Default has shall have occurred and is be continuing, the Owner Trustee shall, from time to time at Borrower's cost the request of the Lessee (and expense: with the prior consent of the Agent), in connection with the transactions contemplated by the Agency Agreement, the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements; easements with respect to any Property, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the any Property; , (iii) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes; (iv) execute petitions to have the Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Property; and (vi) execute and deliver to any person Person any instrument appropriate to confirm or effect such grants, grants or releases, dedications (iv) dedicate or transfer portions of any Property not improved with a building, for road, highway or other public purposes if (A) the conveyance of such portion of any Property will not impair the access, use, occupancy or fair market value of the portion of such Property remaining in the Trust, (B) the portion of any Property remaining in the Trust (1) shall constitute one or more legal and transfers tax parcels, (2) shall contain or be expected to contain at least one building, (3) shall be viable as a separate property in compliance with Legal Requirements and (4) shall have a fair market value equal to at least 100% of the Property Cost of such Property and (C) at the time of such conveyance, no Default or Event of Default shall have occurred and be continuing, (v) execute documents required to create or administer a governmental special benefit district or assessment district for public improvements and collection of special assessments if such special benefit district or assessment district will not impair the access, use, occupancy or fair market value of any Property, (vi) execute instruments necessary or desirable for the exercise or enforcement of rights or performance of obligations under any Permitted Liens or any contract, permit, license, franchise or other right included within the term "Property", (vii) execute modifications of the Permitted Liens, (viii) execute permit applications or other documents required to accommodate construction of the improvements described in the Participation Agreement permitted by the Lease, (ix) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of any Property, including without limitation reciprocal easement agreements, construction contracts, operating agreements, development agreements, plats, replats or subdivision documents and (x) consent to, exercise, or assist Lessee in exercising, rights under any of the foregoing; provided, that each of the agreements referred to in this Section 8.5 shall be in the ordinary course of the Lessee's business and shall be on commercially reasonable terms so as not to diminish the value of any Property in any material respect. (b) Subject to the other terms and conditions of the Operative Agreements, Lessee shall be entitled to do any of the following in Lessee's own name and to the exclusion of the Owner Trustee during the Term without any notice to or consent of the Owner Trustee, the Agent, any Lender or Holder, so long as no Default or Event of Default has occurred and is continuing and so long as Lessee does not thereby create any encumbrance or cloud on Lessor's title to the Property (other than a Permitted Lien): (A) perform obligations arising under, enter into amendments of and to exercise and enforce the rights of the buyer under the Purchase and Sale Agreement; (B) perform obligations arising under, enter into amendments of and to exercise and enforce the rights of Lessee, the Owner Trustee or the owner of the Property under the Development Contracts and the Permitted Liens; (C) perform obligations arising under, enter into amendments of and to exercise and enforce the rights of Lessee, the Owner Trustee or the owner of the Property with respect to any other contracts or documents (such as Plans and Specifications) included within the definition of the term "Property"; and (D) recover and retain any monetary damages or other benefit inuring to Lessee, the Owner Trustee or the owner of the Property through the enforcement of any rights, contracts or other documents included within the Property as described in the Lease (including without limitation the Purchase and Sale Agreement, the Development Contracts and the Permitted Liens and any ordinances, regulations and laws); provided, that to the extent of its interest in the Property), but only upon delivery to Lender of any such monetary damages may become payable as compensation for an Officer's Certificate (which Officer's Certificate, if contested by Lender, shall not be binding adverse impact on Lender) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, release, dedicate or execute any of the foregoing items in this Section 6.4(d) without obtaining Xxxxxx's prior written approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required for Borrower to grant easements in the normal course of operations and which do not materially adversely affect the value of the Property, the rights of the Owner Trustee and Lessee hereunder with respect to the collection and application of such monetary damages shall be the same as for condemnation proceeds payable because of a taking of a part of the Property.