Common use of Personal Property, No Encumbrances Clause in Contracts

Personal Property, No Encumbrances. Lessee agrees that, as and to the extent permitted by law, the Equipment under each Lease 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 any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever, with the exception of Permitted Encumbrances, 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.

Appears in 2 contracts

Samples: Master Equipment Lease/Purchase Agreement, Master Equipment Lease/Purchase Agreement

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Personal Property, No Encumbrances. Lessee Xxxxxx agrees that, as and to the extent permitted by law, that the Equipment under each Lease 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, lienLien, security interest, charge or other encumbrance of any nature whatsoever, with the exception of Permitted Encumbrances, 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 their respective 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.

Appears in 1 contract

Samples: Tax Exempt Equipment Lease/Purchase Agreement

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Personal Property, No Encumbrances. Lessee Xxxxxx agrees that, as and to the extent permitted by law, the Equipment under each Lease 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 any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever, with the exception of Permitted Encumbrances, 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.

Appears in 1 contract

Samples: Master Equipment Lease/Purchase Agreement

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