Common use of No Encumbrance, Mortgage or Pledge of Leased Property Clause in Contracts

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the City shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City shall first notify the Lender of the intention of the City to do so, the City may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if the City shall notify the Lender that, in the Opinion of Counsel, by nonpayment of any such items the Lender’s title to or interest in the Leased Property will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise the City shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Except as may be permitted by this Lease, neither the City nor the Lender shall directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City and the Lender shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist.

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the City Authority shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City Authority shall first notify the Lender City of the intention of the City Authority to do so, the City Authority may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if unless the City shall notify the Lender Authority that, in the Opinion of Counsel, by nonpayment of any such items the LenderCity’s title to or interest in the Leased Property will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise in which event the City Authority shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender City will cooperate fully with the City Authority in any such contest, upon the request and at the expense of the CityAuthority. Except as may be permitted by this Lease, neither the City nor the Lender shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City Authority and the Lender City shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist.

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the City Lessees shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City Lessees shall first notify the Lender of the intention of the City Lessees to do so, the City Lessees, collectively or individually, may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if the City Lessees shall notify the Lender that, in the Opinion of Counsel, by nonpayment of any such items the Lender’s title to or interest in the Leased Property will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise the City Lessees shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender will cooperate fully with the City Lesses in any such contest, upon the request and at the expense of the CityLessees. Except as may be permitted by this Lease, neither the City Lessees nor the Lender shall directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City Lessees and the Lender shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist.

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the City County shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City County shall first notify the Lender Trustee of the intention of the City County to do so, the City County may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if unless the City Trustee shall notify the Lender County that, in the Opinion of Counsel, by nonpayment of any such items the LenderTrustee’s title to or interest in the Leased Property or the lien on the Leased Property pursuant to the Indenture will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise in which event the City County shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender Trustee will cooperate fully with the City County in any such contest, upon the request and at the expense of the CityCounty. Except as may be permitted by this Lease, neither the City Trustee nor the Lender County shall directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City County and the Lender Trustee shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the City County shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City County shall first notify the Lender ZB of the intention of the City County to do so, the City County may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if the City unless ZB shall notify the Lender County that, in the Opinion of Counsel, by nonpayment of any such items the LenderZB’s title to or leasehold interest in the Leased Property will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise in which event the City County shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender ZB will cooperate fully with the City County in any such contest, upon the request and at the expense of the CityCounty. Except as may be permitted by this Lease, neither the City nor the Lender ZB shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City County and the Lender ZB shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist.

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Financing Lease, the City Town shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the City Town shall first notify the Lender of the intention of the City Town to do so, the City Town may in good faith contest any mechanic’s or other lien filed or established against the Leased Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom if unless the City Lender shall notify the Lender Town that, in the Opinion of Counsel, by nonpayment of any such items the Lender’s title to or interest in the Leased Property will not be materially endangered, or the Leased Property or any part thereof will not be subject to loss or forfeiture, otherwise in which event the City Town shall promptly pay and cause to be satisfied and discharged all such unpaid items (provided, however, that such payment shall not constitute a waiver of the right to continue to contest such items). The Lender will cooperate fully with the City Town in any such contest, upon the request and at the expense of the CityTown. Except as may be permitted by this Financing Lease, neither the City nor the Lender shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, except Permitted Encumbrances. The City Town and the Lender shall promptly, at their own respective expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above which each shall respectively have created, incurred, or suffered to exist.