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 County shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County shall first notify the Trustee of the intention of the County to do so, the 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 unless the Trustee shall notify the County that, in the Opinion of Counsel, by nonpayment of any such items the Trustee’s title to or interest in the Leased Property or the lien on the Leased Property pursuant to the Indenture will be materially endangered, or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the 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 Trustee will cooperate fully with the County in any such contest, upon the request and at the expense of the County. Except as may be permitted by this Lease, neither the Trustee nor the 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 County and the 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.

Appears in 1 contract

Samples: Lease Purchase Agreement

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No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the County shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County shall first notify the Trustee ZB of the intention of the County to do so, the 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 unless the Trustee ZB shall notify the County that, in the Opinion of Counsel, by nonpayment of any such items the TrusteeZB’s title to or leasehold interest in the Leased Property or the lien on the Leased Property pursuant to the Indenture will be materially endangered, or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the 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 Trustee ZB will cooperate fully with the County in any such contest, upon the request and at the expense of the County. Except as may be permitted by this Lease, neither the Trustee nor the County 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 County and the Trustee 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. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

Appears in 1 contract

Samples: Lease Purchase Agreement

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the County City shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County City shall first notify the Trustee Lender of the intention of the County City to do so, the County 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 unless if the Trustee City shall notify the County Lender that, in the Opinion of Counsel, by nonpayment of any such items the TrusteeLender’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, in which event otherwise the County 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 Trustee Lender will cooperate fully with the County City in any such contest, upon the request and at the expense of the CountyCity. Except as may be permitted by this Lease, neither the Trustee City nor the County 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 County City and the Trustee 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. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

Appears in 1 contract

Samples: Lease Purchase Agreement

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Financing Lease, the County Town shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County Town shall first notify the Trustee Lender of the intention of the County Town to do so, the County 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 unless the Trustee Lender shall notify the County Town that, in the Opinion of Counsel, by nonpayment of any such items the TrusteeLender’s title to or interest in the Leased Property or the lien on the Leased Property pursuant to the Indenture will be materially endangered, or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the County 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 Trustee Lender will cooperate fully with the County Town in any such contest, upon the request and at the expense of the CountyTown. Except as may be permitted by this Financing Lease, neither the Trustee nor the County 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 County Town and the Trustee 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. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

Appears in 1 contract

Samples: Lease Purchase Agreement

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No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the County Lessees shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County Lessees shall first notify the Trustee Lender of the intention of the County Lessees to do so, the County 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 unless if the Trustee Lessees shall notify the County Lender that, in the Opinion of Counsel, by nonpayment of any such items the TrusteeLender’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, in which event otherwise the County 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 Trustee Lender will cooperate fully with the County Lesses in any such contest, upon the request and at the expense of the CountyLessees. Except as may be permitted by this Lease, neither the Trustee Lessees nor the County 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 County Lessees and the Trustee 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. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

Appears in 1 contract

Samples: Lease Purchase Agreement

No Encumbrance, Mortgage or Pledge of Leased Property. Except as may be permitted by this Lease, the County Authority shall not permit any mechanic’s or other lien to remain against the Leased Property; provided that, if the County Authority shall first notify the Trustee City of the intention of the County Authority to do so, the County 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 unless the Trustee City shall notify the County Authority that, in the Opinion of Counsel, by nonpayment of any such items the TrusteeCity’s title to or interest in the Leased Property or the lien on the Leased Property pursuant to the Indenture will be materially endangered, or the Leased Property or any part thereof will be subject to loss or forfeiture, in which event the County 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 Trustee City will cooperate fully with the County Authority in any such contest, upon the request and at the expense of the CountyAuthority. Except as may be permitted by this Lease, neither the Trustee nor the County City 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 County Authority and the Trustee 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. The Trustee’s obligation shall be limited to funds held in the Trust Estate.

Appears in 1 contract

Samples: Lease Purchase Agreement

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