Common use of Grant of Easements, etc Clause in Contracts

Grant of Easements, etc. The Agent, the Credit Note Purchasers, the Mortgage Lenders and the Lessor hereby agree that, so long as no Event of Default shall have occurred and be continuing, and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request of the Lessee (and with the prior consent of the Agent), in connection with the transactions contemplated by the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats with respect to the Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats which are for the benefit of the Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person 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 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 the Property in any material respect or otherwise have a Material Adverse Effect.

Grant of Easements, etc. The AgentBorrower may, the Credit Note Purchasers, the Mortgage Lenders and the Lessor hereby agree thatfrom time to time, so long as no Event of Default shall have has occurred and be is continuing, at Borrower's cost and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request of the Lessee (and with the prior consent of the Agent), in connection with the transactions contemplated by the Lease or the other Operative Agreements, expense: (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats with respect to the Property, ; (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats 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 person any instrument appropriate to confirm or effect such grants or grants, releases, dedications and transfers (ivto 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) execute and deliver stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation proper conduct of the Propertybusiness of Borrower on the Property and does not materially reduce its value or usefulness for the Primary Intended Use. Borrower shall not grant, including without limitation reciprocal easement agreementsrelease, construction contracts, operating agreements, development agreements, plats, replats dedicate or subdivision documents; provided, that each execute any of the agreements referred to foregoing items in this Section 8.5 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 of the type normally executed by the Lessee required for Borrower to grant easements in the ordinary normal course of the Lessee's business operations and shall be on commercially reasonable terms so as which do not to diminish materially adversely affect the value of the Property in any material respect or otherwise have a Material Adverse EffectProperty.

Grant of Easements, etc. The Owner Trustee, the Agent, the Credit Note Purchasers, the Mortgage Lenders and the Lessor Holders hereby agree that, so long as no Event of Default shall have occurred and be continuing, the Lessee may take the following actions in the name and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request stead of the Lessee Owner Trustee (but at Lessee's sole cost and with the prior consent of the Agent), expense) in connection with the transactions contemplated by the Construction Agency Agreement, the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats easements with respect to the PropertyProperty or any portion thereof, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats easements which are for the benefit of the PropertyProperty or any portion thereof, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of the PropertyProperty or any portion thereof, 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 Fair Market Sales Value of the Property in Property. The Owner Trustee shall, upon Lessee's reasonable request, promptly execute and deliver any material respect instrument necessary or otherwise have a Material Adverse Effectappropriate to confirm such grant, release, dedication or transfer to any Person permitted under this Section 8.5.

Grant of Easements, etc. The Owner Trustee, the Agent, the Credit Note Purchasers, the Mortgage Lenders and the Lessor Holders hereby agree that, so long as no Event of Default shall have occurred and be continuing, the Lessee may take the following actions in the name and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request stead of the Lessee Owner Trustee (but at Lessee's sole cost and with the prior consent of the Agent), expense) in connection with the transactions contemplated by the Construction Agency Agreement, the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats easements with respect to the any Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats easements which are for the benefit of the any Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of the 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 entered into consistent with Lessee's practices with respect to other properties owned 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 the Property in any material respect Property. The Owner Trustee shall, upon Lessee's reasonable request, promptly execute and deliver any instrument necessary or otherwise have a Material Adverse Effectappropriate to confirm such grant, release, dedication or transfer to any Person permitted under this Section 8.5.

Grant of Easements, etc. The Agent, the Credit Note PurchasersLenders, the Mortgage Lenders and the Lessor hereby agree that, so long as no Event of Default shall have occurred and be continuing, and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request of the Lessee (and with the prior consent of the Agent), in connection with the transactions contemplated by the Lease or the other Operative Agreements, (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats with respect to the Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats which are for the benefit of the Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person 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 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 ’s business and shall be on commercially reasonable terms so as not to diminish the value of the Property in any material respect or otherwise have a Material Adverse Effect.

Grant of Easements, etc. The Agent, the Credit Note Purchasers, the Mortgage Lenders Primary Financing Parties and the Lessor hereby agree that, so long as no Event of Default shall have occurred and be continuing, and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, with the prior consent of the Agent not to be unreasonably withheld, from time to time at the request of the Lessee (and with the prior consent of the Agent)Lessee, 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, restrictions, covenants, rights of way or plats with respect to the Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats which are for the benefit of the Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing testing, demolition or operation of the Property, including without limitation reciprocal easement agreements, construction contracts, operating agreements, development agreements, plats, replats or subdivision documents, and (v) participate and cooperate in the subdivision and sale of the Excess Land in accordance with Section 8.13; 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 its business and shall be on commercially reasonable terms so as not to diminish the value of the Property in any material respect (except in the case of the sale of the Excess Land) or otherwise have a Material Adverse Effect.

Grant of Easements, etc. The Owner Trustee, the Agent, the Credit Note Purchasers, the Mortgage Lenders and the Lessor Holders hereby agree that, so long as no Event of Default shall have occurred and be continuing, the Lessee may take the following actions in the name and until such time as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Default, the Lessor shall, from time to time at the request stead of the Lessee Owner Trustee (but at Lessee's sole cost and with the prior consent of the Agent), 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, restrictions, covenants, rights of way or plats easements with respect to the any Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats easements which are for the benefit of the any Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of the 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, further, that nothing in this Section 8.5 shall be deemed to permit the Property in any material respect Lessee to modify, amend, alter, release, terminate or otherwise have a Material Adverse Effectaffect 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 Lessee's reasonable request, promptly execute and deliver any instrument necessary or appropriate to confirm such grant, release, dedication or transfer to any Person permitted under this Section 8.5.

Grant of Easements, etc. The Agent, the Credit Note Purchasers, the Mortgage Lenders and the Lessor Holders hereby agree that, so long as no Event of Default shall have occurred and be continuing, the City of Little Rock (with respect to the Little Rock Property), the Bond Trustee, the Trustee and until such time the Owner Trustee, as the Agent gives instructions to the contrary to the Lessor after the occurrence and continuance of such Event of Defaultcase may be, the Lessor shall, from time to time at the request of the Lessee (and with the prior consent of the AgentAgent and the Majority Secured Parties), in connection with the transactions contemplated by the Lease or Construction Agency Agreement, the Lease, the other Operative AgreementsAgreements or the Bond Documents, (i) grant easements and other rights in the nature of easements, restrictions, covenants, rights of way or plats easements with respect to the any Property, (ii) release existing easements or other rights in the nature of easements, restrictions, covenants, rights of way or plats easements which are for the benefit of the any Property, (iii) execute and deliver to any Person any instrument appropriate to confirm or effect such grants or releases, and (iv) execute and deliver to any Person such other documents or materials in connection with the acquisition, development, construction, testing or operation of the 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 the 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 Lessor and the Agent. Without limiting the effectiveness of the foregoing, provided that no Lease Event of Default shall have occurred and be continuing, the Lessor shall, upon 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 the Lessor and the Agent to confirm any such grant, release, dedication, transfer, annexation or amendment to any Person permitted under this Section 8.5 including landlord waivers with respect or otherwise have a Material Adverse Effectto any of the foregoing.