Common use of Personal Property, No Encumbrances Clause in Contracts

Personal Property, No Encumbrances. Lessee agrees that the Equipment is deemed to be and will remain personal property, and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a “Real Property Encumbrance”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld; provided further, that if individually and in the aggregate such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheld.

Personal Property, No Encumbrances. Lessee Xxxxxx agrees that that, to the extent permitted by State law, the Equipment is deemed to be and will remain personal property, and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Other than the Light Pole License Agreement (if and to the extent applicable) and encumbrances existing on the Commencement Date that are consented to in writing by the Lessor and identified on Exhibit N hereto, Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a an “Real Property EncumbranceEncumbering Instrument”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effecteffect (which may be in the form of an acknowledgement in the Encumbering Instrument of Lessor’s purchase money first priority security interest and rights in the Equipment and a carve-out of the Equipment from the Lien of the Encumbering Instrument), such consent shall not be unreasonably withheld; withheld and Lessor’s response shall be provided further, that if individually and in within ten (10) business days of the aggregate request for such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheldconsent.

Personal Property, No Encumbrances. Xxxxxx and Lessee agrees agree that the Equipment Personal Property is deemed to be and will remain personal property, and . The Personal Property will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment Personal Property or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon the request of Xxxxxx, Lessee will, at Xxxxxx’s expense, furnish a waiver of any interest in the Personal Property from any party having an interest in any such real estate or building. Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment Personal Property is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a “Real Property Encumbrance”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment Personal Property acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld; provided further, that if individually and in the aggregate such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheld.

Personal Property, No Encumbrances. Lessor and Lessee agrees agree that the Equipment is deemed to be and will remain personal property, and . The Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee’s expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. Except as provided in Section 2(w) and Section 18(b) and (c) hereof, Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a “Real Property Encumbrance”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld; provided further, that if individually and in the aggregate such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheld.

Personal Property, No Encumbrances. Lessor and Lessee agrees agree that the Equipment Personal Property is deemed to be and will remain personal property, and . The Personal Property will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment Personal Property or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee’s expense, furnish a waiver of any interest in the Personal Property from any party having an interest in any such real estate or building. Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a “Real Property Encumbrance”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld; provided further, that if individually and in the aggregate such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheld.

Personal Property, No Encumbrances. Lessor and Lessee agrees agree that the Equipment is deemed to be and will remain personal property, and . The Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessor’s expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. Lessee shall not create, incur, assume or permit to exist (to the extent it may legally create, incur, assume or permit) any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate (each a “Real Property Encumbrance”) without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its reasonable discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld; provided further, that if individually and in the aggregate such Real Property Encumbrance(s) do not and will not affect more than the Cushion Percentage of Equipment, such consent shall not be unreasonably withheld.