Head Lessee Covenant. The Head Lessee agrees that it shall (a) not, directly or indirectly, create, incur, assume or suffer to exist, any Owner Lessor’s Liens, (b) promptly notify the Head Lessor and, so long as the Lien of the Lease Indenture has not been discharged, the Lease Indenture Trustee, of the imposition of any such Owner Lessor’s Lien of which the Head Lessee is aware, and (c) promptly, at its own expense, take such action as may be necessary to fully discharge or release any such Owner Lessor’s Lien; provided, however, that the Head Lessee shall not be in breach of this covenant so long as it shall be diligently contesting such Lien and such contest shall not present any material risk of the sale, foreclosure or loss of the Owner Lessor’s Interest or any part thereof or the rights of the Head Lessor or, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee under the Transaction Documents.
Head Lessee Covenant. Prior to the expiration or termination of the Facility Sublease, the Head Lessee agrees that it will not, directly or indirectly, create, incur, assume or suffer to exist, any Facility Lessor's Liens on or with respect to the Undivided Interest or the Facility Lessor's Rocky Mountain Interest, and the Head Lessee shall promptly notify the Head Lessor of the imposition of any such Lien of which the Head Lessee is aware and shall promptly, at its own expense, take such action as may be necessary to fully discharge or release any such Lien.
