Lease of the Facility. The Agency hereby leases the Facility Personalty and subleases the Facility Realty to the Lessee, and the Lessee hereby leases the Facility Personalty and subleases the Facility Realty from the Agency, for and during the term herein and subject to the terms and conditions herein set forth. The Agency hereby delivers to the Lessee, and the Lessee hereby accepts sole and exclusive possession of the Facility. Simultaneously with its execution and delivery of this Agreement, the Lessee will execute and deliver the Sublease Agreement with the Sublessee.
Lease of the Facility. (a) The Agency hereby leases to the Lessee, and the Lessee hereby leases from the Agency, the Facility for and during the term herein and subject to the terms and conditions herein set forth. The Agency hereby delivers to the Lessee, and the Lessee hereby accepts, sole and exclusive possession of the Facility (it being understood by the parties hereto that delivery of possession to the Agency of the Facility as the same is acquired, constructed and renovated shall take no further act or deed by the parties hereto).
(b) The Lessee hereby unconditionally represents, warrants, covenants and agrees that throughout the term of this Agreement (i) the Facility will be an Approved Facility and a “project” within the meaning of the Act; (ii) the Lessee will not take any action, or suffer or permit any action, if such action would cause the Facility not to be an Approved Facility or a “project” within the meaning of the Act; and (iii) the Lessee will not fail to take any action, or suffer or permit the failure to take any action, if such failure would cause the Facility not to be an Approved Facility or a “project” within the meaning of the Act. The Lessee shall not occupy, use or operate the Facility, or knowingly allow the Facility or any part thereof to be occupied, used or operated, for any unlawful purpose or in violation of any certificate of occupancy affecting the Facility or for any use which may constitute a nuisance, public or private, or make void or voidable any insurance then in force with respect thereto.
Lease of the Facility. The Head Lessor hereby leases the Facility to the Head Lessee, upon the terms and conditions set forth herein, for the term described below, and the Head Lessee hereby leases the Facility, upon the terms and conditions set forth herein, from the Head Lessor. The Head Lessor and the Head Lessee understand and agree that (a) legal title to the Facility remains vested in the Head Lessor throughout the Head Lease Term, (b) this Head Lease is subject to the Permitted Closing Date Liens set forth in Attachment B hereto and (c) this Head Lease is intended to be a lease of personal property under Tennessee law. The Head Lessor and the Head Lessee acknowledge and agree that (as of the date hereof) the Facility has not achieved Substantial Completion. The Head Lessor and Head Xxxxxx further acknowledge and agree that 4127-6352-5967.8 title to portions of the Facility which will be added to, or otherwise become a part of, the Facility after the Closing Date in accordance with the Johnsonville Construction Contract (at no additional cost to the Head Lessee and with no adjustment to Basic Lease Rent or Termination Value) shall remain in the Head Lessor and shall automatically and, without further act, become subject to this Head Lease and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lien of the Lease Indenture, and shall be deemed part of the Facility for all purposes, including for purposes of this Head Lease. The Facility also includes an interest in (i) all Modifications which are incorporated in the Facility and which pursuant to Section 8.3 of the Facility Lease and Section 9 hereof become subject to this Head Lease and (ii) all Replacement Components which become part of the Facility pursuant to Section 7.2 of the Facility Lease and Section 10 hereof.
Lease of the Facility. The Agency hereby subleases the Facility to the Lessee, and the Lessee hereby subleases the Facility from the Agency, for and during the Term herein specified and subject to the terms and conditions herein set forth. The Agency hereby delivers to the Lessee, and the Lessee hereby accepts, sole and exclusive possession of the Facility.
Lease of the Facility. The Agency hereby leases the Facility Personalty and sub-subleases the Facility Realty to the Lessee, and the Lessee hereby leases the Facility Personalty and sub-subleases the Facility Realty from the Agency, for and during the term herein and subject to the terms and conditions herein set forth. The Agency hereby delivers to the Lessee, and the Lessee hereby accepts sole and exclusive possession of the Facility.
Lease of the Facility. The Corporation hereby, rents, leases and lets to the Issuer the Corporation’s interest in the Facility, which Facility is described on Exhibit A, attached hereto and incorporated herein, and the Issuer rents, leases and hires the Facility from the Corporation, for rentals and upon and subject to the terms and conditions herein set forth, for a term commencing on the date hereof and ending on December 1, 2060; provided, however, this Base Lease shall remain in full force and effect so long as any obligation of the Corporation under the Lease Agreement shall be outstanding and so long as the Lease Agreement shall remain in effect (the “Lease Term”), unless sooner terminated in a manner provided for herein, provided that the Corporation shall not exercise any right so reserved in any manner that will interfere with any rights of the Issuer hereunder.
Lease of the Facility. Section 3.1. Lease of the Facility 2
Lease of the Facility. 1 Property. Subject to the acquisition thereof by Lessor pursuant to the Participation Agreement and applicable Acquisition Agreements, Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the following property (the "Facility 1 Property") to the extent of Lessor's estate, right, title and interest therein, thereto or thereunder:
(a) All lots, pieces, tracts and parcels of land described in Exhibit A (the "Facility 1 Land"), but excluding the Improvements thereto;
(b) All Appurtenant Rights;
(c) All Related Permits and Related Agreements; and
(d) All accessions and accretions to and replacements and substitutions for the foregoing.
Lease of the Facility. Lessor hereby leases the Facility, upon the terms and conditions set forth herein, to Lessee for the Lease Term, and Lessee hereby leases the Facility, upon the terms and conditions set forth herein, from Lessor.
Lease of the Facility. The Owner Lessor is leasing the Facility, upon the terms and conditions set forth in the Facility Lease, to the Facility Lessee for the term set forth below and, subject to the Facility Lessee's exercise of any of its renewal options, the renewal term or terms provided for in the Facility Lease; and the Facility Lessee is leasing the Facility upon such terms and conditions from the Owner Lessor.
