Common use of LESSEE'S REPRESENTATIONS AND COVENANTS Clause in Contracts

LESSEE'S REPRESENTATIONS AND COVENANTS. Lessee hereby represents and covenants to each Sprint Group Member as follows: (i) Lessee, any Affiliate of Lessee, any assignee or sublessee of Lessee, and any user (other than Lessor or Sprint or its Affiliates) of any portion of the Leased Property will not claim depreciation deductions as the owner of any of the Leased Property for federal income Tax purposes during the Term (and thereafter unless Lessee purchases such property pursuant to Section 36 of this Agreement), with respect to such Leased Property or portion of such Leased Property, except with respect to Alterations financed by Lessee or such assignee, sublessee, or other user, nor will they take any other action in connection with filing a Tax return or otherwise which would be inconsistent with (i) the treatment of the Sprint Group Members as the direct or indirect owners and lessors of the Leased Property for federal income tax purposes, (ii) the Tax Assumptions, or (iii) Section 11 and Exhibit H of this Agreement. (ii) none of the Leased Property will constitute "tax-exempt use property" as defined in Section 168(h) of the Code other than solely as a result of use by Lessor, Sprint or its Affiliates and any other Person that is a Tower Subtenant as of the date of the Agreement to Lease and Sublease; (iii) on the Effective Date, no Alterations to any of the Leased Property will be required in order to render any of the Leased Property complete for its intended use by Lessee except for ancillary Severable Alterations that are customarily selected and furnished by lessees of property similar in nature to the Leased Property; (iv) Lessee has no current plan or intention of making any Alteration or repair with respect to any of the Leased Property that would not be treated as severable improvements or permitted nonseverable improvements within the meaning of Revenue Procedure 2001-28, 2001-1 C.B. 1156; 77 (v) Lessee has no current plan or intention of making any Alteration or repair with respect to any of the Leased Property the value of which as of the end of the Term with respect to such Leased Property would compel Lessee to exercise any of the purchase options under Section 36 of this Agreement; and (vi) Lessee is not obligated to exercise any of the purchase options provided in Section 36 of this Agreement, it has not decided whether it will exercise any of the purchase options provided in Section 36 of this Agreement, and it has no plans to enter into or incur such obligation or to make such decision in the immediate future.

LESSEE'S REPRESENTATIONS AND COVENANTS. Lessee hereby represents and covenants to each Sprint Group Member as follows: (i) Lessee, any Affiliate of Lessee, any assignee or sublessee of Lessee, and any user (other than Lessor or Sprint or its Affiliates) of any portion of the Leased Property will not claim depreciation deductions as the owner of any of the Leased Property for federal income Tax purposes during the Term (and thereafter unless Lessee purchases such property pursuant to Section 36 of this Agreement), with respect to such Leased Property or portion of such Leased Property, except with respect to Alterations financed by Lessee or such assignee, sublessee, or other user, nor will they take any other action in connection with filing a Tax return or otherwise which would be inconsistent with (i) the treatment of the Sprint Group Members as the direct or indirect owners and lessors of the Leased Property for federal income tax purposes, (ii) the Tax Assumptions, or (iii) Section 11 and Exhibit H of this Agreement. (ii) none of the Leased Property will constitute "tax-exempt use property" as defined in Section 168(h) of the Code other than solely as a result of use by Lessor, Sprint or its Affiliates and any other Person that is a Tower Subtenant as of the date of the Agreement to Lease and Sublease; (iii) on the Effective Date, no Alterations to any of the Leased Property will be required in order to render any of the Leased Property complete for its intended use by Lessee except for ancillary Severable Alterations that are customarily selected and furnished by lessees of property similar in nature to the Leased Property; (iv) Lessee has no current plan or intention of making any Alteration or repair with respect to any of the Leased Property that would not be treated as severable improvements or permitted nonseverable improvements within the meaning of Revenue Procedure 2001-28, 2001-1 C.B. 1156; 77; (v) Lessee has no current plan or intention of making any Alteration or repair with respect to any of the Leased Property the value of which as of the end of the Term with respect to such Leased Property would compel Lessee to exercise any of the purchase options under Section 36 of this Agreement; and (vi) Lessee is not obligated to exercise any of the purchase options provided in Section 36 of this Agreement, it has not decided whether it will exercise any of the purchase options provided in Section 36 of this Agreement, and it has no plans to enter into or incur such obligation or to make such decision in the immediate future.