Common use of Possession and Use of the Project Clause in Contracts

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereof, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Possession and Use of the Project. (a) The City Issuer covenants and agrees that as long as neither the City Issuer nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof 12.2(c) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the CityIssuer’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City Issuer covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereofof this Lease Agreement, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof 12.2(b) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereof, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof 12.2(c) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereofof this Lease, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement (East Kansas Agri Energy LLC)

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof12.1, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof10.3) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereofXII, the Indenture and the Performance Agreement to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that to defend the Company may have Company’s quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all partiesProject.

Appears in 1 contract

Samples: Lease Agreement

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof SECTION 12.2(c) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company Corporation shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s 's and the Trustee’s 's right of access pursuant to Section SECTION 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article ARTICLE XII hereofof this Lease, to prevent the Company Corporation from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the CompanyCorporation, cooperate with the Company Corporation in order that the Company Corporation may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s Corporation's enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement (Pacific Sunwear of California Inc)

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Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof 12.2(c) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s 's and the Trustee’s 's right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereofof this Lease, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s 's enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof 12.2(b) or 12.2(c) following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s 's and the Trustee’s 's right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereofof this Lease, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s 's enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement (Mastercard Inc)

Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof following the occurrence and continuance of an Event of Default, , as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereof, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.

Appears in 1 contract

Samples: Lease Agreement

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