Possession of and Title to Real Property. As of the Effective Date, the Authority holds good and marketable fee title to the Premises free and clear of all encumbrances other than those easements and other matters of record set forth on Exhibit D attached hereto (“Permitted Encumbrances”). Except as expressly permitted under this Agreement or as Approved by StadCo and except for Permitted Encumbrances, the Authority shall not create any lien or other encumbrance that would (i) encumber the Premises or (ii) materially diminish, impair or disturb the rights of StadCo under this Agreement.
Possession of and Title to Real Property. As of the date of the conveyance of the Land by StadCo to the Authority, the Authority will hold good and marketable fee title to the Premises free and clear of all encumbrances other than those easements and other matters of record set forth on Exhibit D attached hereto (“Permitted Encumbrances”). Except as expressly permitted under this Agreement or as Approved by StadCo and except for Permitted Encumbrances, the Authority shall not create any lien or other encumbrance that would (i) encumber the Premises or (ii) diminish, impair or disturb the rights of StadCo under this Agreement.
Possession of and Title to Real Property. As of the Effective Date, the
Possession of and Title to Real Property. As of the date of the conveyance of the Land by the Fair Board to Bristol, the Fair Board will hold good and marketable fee title to the Premises free and clear of all encumbrances other than easements, matters of record, and encumbrances determinable from an inspection of the Premises (“Permitted Encumbrances”). Except as expressly permitted under this Lease or as Approved by Bristol and except for Permitted Encumbrances, the Fair Board shall not create any Lien or other encumbrance that would (i) encumber the Premises or (ii) materially diminish, impair or disturb the rights of Bristol under this Lease.
Possession of and Title to Real Property. As of the Effective Date, the Authority holds leasehold title to the Premises free and clear of all encumbrances other than those easements and other matters of record set forth on Exhibit F attached hereto (“Permitted Encumbrances”). Except as expressly permitted under this Lease or as approved by StadCo and except for Permitted Encumbrances, the Authority shall not create any lien or other encumbrance that would (i) encumber the Premises or (ii) materially diminish, impair or disturb the rights of StadCo under this Lease.
Possession of and Title to Real Property. The Authority holds or will hold by not later than the Commencement Date (i) good and marketable fee title to each property owned by the Authority, and (ii) valid and enforceable leases, licenses, and easements over any and all portions of the Stadium Site, in each case, free and clear of all encumbrances other than the Permitted Encumbrances and Permitted Easements. If any title defect shall materially diminish, impair or disturb the rights of the Team under this Agreement with respect to the Stadium and Stadium Infrastructure, the Authority shall take commercially reasonable actions, at its sole cost and expense, to promptly eliminate such title defect. The Parties agree that a Permitted Encumbrance shall not constitute a title defect. Except as expressly permitted under this Agreement and except for Permitted Encumbrances, the Authority shall not create any lien, encumbrance, easement, license, right-of-way, covenant, condition or restriction that would (i) encumber the Stadium and Stadium Infrastructure and (ii) materially diminish, impair or disturb the rights of the Team under this Agreement.
