Common use of Personal Property, No Encumbrances Clause in Contracts

Personal Property, No Encumbrances. (a) The Equipment shall be and remain personal property notwithstanding the manner in which it may be attached or affixed to realty. Lessee covenants that, unless Lessee owns the premises in which the Equipment is to be located and such premises are not subject to any mortgage or lease, at Lessor’s request, Lessee shall provide Lessor with a waiver from each landlord and/or mortgagee of the premises in which the Equipment is to be located of any rights which such landlord and/or mortgagee may have in respect of any of the Equipment. (b) Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease 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 without the prior written consent of Lessor; provided, that if Lessor is furnished with a waiver of interest in the Equipment under such Lease acceptable to Lessor 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.

Personal Property, No Encumbrances. (a) Lessor and Lessee agree that the Equipment is and will remain personal property. The Equipment shall will not be and remain personal property notwithstanding deemed to be affixed to or a part of the manner in real estate on which it may be attached or affixed to realty. Lessee covenants thatsituated, unless Lessee owns the premises in which notwithstanding that the Equipment is or any part thereof may be or hereafter become in any manner physically affixed or attached to be located and such premises are not subject to real estate or any mortgage or leasebuilding thereon. Upon the request of Xxxxxx, Lessee will, at LessorXxxxxx’s requestexpense, Lessee shall provide Lessor with furnish a waiver from each landlord and/or mortgagee of the premises any interest in which the Equipment is to be located of from any rights which party having an interest in any such landlord and/or mortgagee may have real estate or building. Except as provided in respect of any of the Equipment. Section 2(w) and Section 18(b) and (bc) hereof, Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease 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 without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment under such Lease 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.

Personal Property, No Encumbrances. (a) The Equipment shall be Xxxxxx and Lessee agree that the Personal Property is and will remain personal property notwithstanding property. The Personal Property will not be deemed to be affixed to or a part of the manner in real estate on which it may be situated, notwithstanding that the Personal Property or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or affixed to realtyany building thereon. Upon the request of Xxxxxx, Lessee covenants that, unless Lessee owns the premises in which the Equipment is to be located and such premises are not subject to any mortgage or leasewill, at LessorXxxxxx’s requestexpense, Lessee shall provide Lessor with furnish a waiver from each landlord and/or mortgagee of the premises in which the Equipment is to be located of any rights which interest in the Personal Property from any party having an interest in any such landlord and/or mortgagee may have in respect of any of the Equipment. (b) real estate or building. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease 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 without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment under such Lease 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.

Personal Property, No Encumbrances. (a) The Xxxxxx agrees that, to the extent permitted by State law, the Equipment shall is deemed to be and will remain personal property notwithstanding property, and will not be deemed to be affixed to or a part of the manner in real estate on which it may be attached or affixed to realty. Lessee covenants thatsituated, unless Lessee owns the premises in which notwithstanding that the Equipment is or any part thereof may be or hereafter become in any manner physically affixed or attached to be located real estate or any building thereon. Other than the Light Pole License Agreement (if and such premises to the extent applicable) and encumbrances existing on the Commencement Date that are not subject consented to any mortgage or leasein writing by the Lessor and identified on Exhibit N hereto, at Lessor’s request, Lessee shall provide Lessor with a waiver from each landlord and/or mortgagee of the premises in which the Equipment is to be located of any rights which such landlord and/or mortgagee may have in respect of any of the Equipment. (b) Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease 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 an “Encumbering 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 under such Lease 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 withheldwithheld and Lessor’s response shall be provided within ten (10) business days of the request for such consent.

Personal Property, No Encumbrances. (a) Lessor and Lessee agree that the Equipment is and will remain personal property. The Equipment shall will not be and remain personal property notwithstanding deemed to be affixed to or a part of the manner in real estate on which it may be attached or affixed to realty. Lessee covenants thatsituated, unless Lessee owns the premises in which notwithstanding that the Equipment is or any part thereof may be or hereafter become in any manner physically affixed or attached to be located and such premises are not subject to real estate or any mortgage or leasebuilding thereon. Upon the request of Lessor, Lessee will, at Lessor’s requestexpense, Lessee shall provide Lessor with furnish a waiver from each landlord and/or mortgagee of the premises any interest in which the Equipment is to be located of from any rights which party having an interest in any such landlord and/or mortgagee may have in respect of any of the Equipment. (b) real estate or building. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, Lienlien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease 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 without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment under such Lease 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.

Personal Property, No Encumbrances. (a) The Lessee agrees that the Equipment shall is deemed to be and will remain personal property notwithstanding property, and will not be deemed to be affixed to or a part of the manner in real estate on which it may be attached or affixed to realty. Lessee covenants thatsituated, unless Lessee owns the premises in which notwithstanding that the Equipment is or any part thereof may be or hereafter become in any manner physically affixed or attached to be located and such premises are not subject to real estate or any mortgage or lease, at Lessor’s request, Lessee shall provide Lessor with a waiver from each landlord and/or mortgagee of the premises in which the Equipment is to be located of any rights which such landlord and/or mortgagee may have in respect of any of the Equipment. (b) 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 under a Lease 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 under such Lease 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.