Common use of Granting of Easements Clause in Contracts

Granting of Easements. If no "Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" has occurred under the Secured Agreements or the Indenture, the Mortgagors may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, or the Mortgagors may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee agrees to execute and deliver or cause to be executed and delivered any instruments necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or reconveyance; (2) a written statement signed by an officer of the Mortgagors stating (i) that such grant or reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the Mortgagors; and (3) an opinion of independent counsel that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants or conditions of any agreement or grant which the Mortgagors or the Mortgagee may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (NPR Inc)

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Granting of Easements. If no "Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" has occurred under the Secured Agreements or the Indenture, the Mortgagors Mortgagor may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, Mortgage or the Mortgagors Mortgagor may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee Trustee agrees to execute and deliver or cause to be executed and delivered any instruments instrument necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or grantor reconveyance; (2) a written statement signed by an officer of the Mortgagors Mortgagor stating (i) that such grant or reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the MortgagorsMortgagor; and (3) an opinion of independent counsel Independent Counsel (as defined in the Indenture) that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants convenants or conditions of any agreement or grant which the Mortgagors Mortgagor or the Mortgagee Issuer may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Sjit Inc)

Granting of Easements. If no "Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" has occurred under the Secured Agreements or the Indenture, the Mortgagors Mortgagor may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, Mortgage or the Mortgagors Mortgagor may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee Trustee agrees to execute and deliver or cause to be executed and delivered any instruments necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or reconveyance; (2) a written statement signed by an officer of the Mortgagors Mortgagor stating (i) that such grant or reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the MortgagorsMortgagor; and (3) an opinion of independent counsel that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants or conditions of any agreement or grant which the Mortgagors Mortgagor or the Mortgagee Issuer may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (NPR Inc)

Granting of Easements. If no "Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" has occurred under the Secured Agreements Guaranty or the Indenturethis Mortgage, the Mortgagors Mortgagor may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, Mortgage or the Mortgagors Mortgagor may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee Trustee agrees to execute and deliver or cause to be executed and delivered any instruments instrument necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or reconveyance; (2) a written statement signed by an officer of the Mortgagors Mortgagor stating (i) that such grant or reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental detri- mental to the proper conduct of the business of the MortgagorsMortgagor; and (3) an opinion of independent counsel Independent Counsel (as defined in the Indenture) that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants or conditions of any agreement or grant which the Mortgagors Mortgagor or the Mortgagee Issuer may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Sjit Inc)

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Granting of Easements. If no "DefaultDefaults" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" has occurred under the Secured Agreements or the Indenture, the Mortgagors Mortgagor may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, Mortgage or the Mortgagors Mortgagor may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee Trustee agrees to execute and deliver or cause to be executed and delivered any instruments instrument necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or reconveyance; (2) a written statement signed by an officer of the Mortgagors Mortgagor stating (i) that such grant or reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of or the MortgagorsMortgagor; and (3) an opinion of independent counsel Independent Counsel (as defined in the Indenture) that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants or conditions of any agreement or grant which the Mortgagors Mortgagor or the Mortgagee Issuer may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Sjit Inc)

Granting of Easements. If no "Event of Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a an "Event of Default" has occurred under the Secured Agreements or the Indenture, the Mortgagors may at any time or times, grant easements, licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Mortgaged Property, free from the lien and security interest afforded by or under this Mortgage, Mortgage or the Mortgagors may reconvey existing easements, licenses, rights-of-way and other rights and privileges with or without consideration, and the Mortgagee Trustee agrees to execute and deliver or cause to be executed and delivered any instruments instrument necessary or appropriate to confirm and grant or convey any such easement, license, right-of-way or other grant or privilege upon receipt of: (1) a copy of the instrument of grant or reconveyance; (2) a written statement signed by an officer of the Mortgagors stating (i) that such grant or reconveyance will not impair the effective use or value of, or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the Mortgagors; and (3) an opinion of independent counsel that such grant or reconveyance will not materially weaken, diminish or impair the security afforded pursuant to the terms of this Mortgage, and will not violate the terms, covenants or conditions of any agreement or grant which the Mortgagors or the Mortgagee Issuer may have with the United States, the State of New Jersey or any agency, department or political subdivision thereof with respect to the Mortgaged Property or the Indenture.

Appears in 1 contract

Samples: Mortgage and Security Agreement (NPR Inc)

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