Common use of PROTECTION OF MORTGAGEE Clause in Contracts

PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term of the Agreement, with the consent of Lessor, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the leasehold estate created by the Agreement by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefrom, ("Leasehold Mortgages"). (b) The proceeds of such loans, however, shall be used for the planning, financing, development, design, purchase, construction, maintenance, and operation of one (1) or more power plant facilities, well fields and related equipment, personal property, fixtures and improvements necessary or desirable in the operation of such facilities on the Property or utilizing Resources produced from the Property. (c) It shall be unreasonable for Lessor to withhold consent to a Leasehold Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially sound, or is the Federal government, the State of California and/or a bona fide municipality of the State of California. (d) During the continuance of each and every Leasehold Mortgage and until such time as the lien of each and every Leasehold Mortgage has been extinguished, Lessor and Lessee shall cooperate in including in the Agreement any provision which may be reasonably requested by an owner or holder of the Leasehold Mortgage ("Leasehold Lender") by suitable amendment or other instrument, including site leases, easements, or licenses granted thereunder. (e) Lessor and Lessee further agree that any equity participant in the development of one (1) or more electrical power plant facilities which utilize Resources produced from the Property, for the purpose of implementing mortgagee protection provisions, to allow the Leasehold Lender or equity participant reasonable means to protect or preserve the lien of the Leasehold Mortgage and to protect the rights and interest of any such equity participant on the occurrence of a default by Lessee under the terms of the Lease. (f) Lessor and Lessee each agree to execute, deliver, and acknowledge any agreement necessary to effectuate any such amendment or other instrument. (g) Lessor shall have no obligation to execute such amendment or other instrument which in any way affects the Term hereof, the indemnities provided herein, or Rent or royalties payable under the Agreement, or otherwise materially affects the rights or obligations of Lessor hereunder.

PROTECTION OF MORTGAGEE. (a) Lessee as Mortgagee: (1) Lessee shall have the right at all times during the term of the this Agreement, with the prior written consent of Lessor, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the leasehold estate created by the this Agreement by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefrom, therefrom ("Leasehold Mortgages"). (b2) The proceeds of such loans, however, shall be used for the planning, financing, development, design, purchase, construction, maintenance, and operation of one (1) or more power plant facilitiesplants, well fields and related equipment, personal property, fixtures and improvements necessary or desirable in the operation of such facilities located only on the Property or utilizing Resources produced only from the Property. (c3) It shall be unreasonable for Lessor to withhold consent based on an object to the type of lender to a Leasehold Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially sound, or is the Federal government, the State of California and/or a bona fide municipality of the State of California. (d4) During the continuance of each and every Leasehold Mortgage and until such time as the lien of each and every Leasehold Mortgage has been extinguished, Lessor and Lessee shall cooperate in including in the this Agreement any provision which may be reasonably requested by an owner or holder of the Leasehold Mortgage ("Leasehold Lender") by suitable amendment or other instrument, including site leases, easements, or licenses granted thereunder. (e5) Lessor and Lessee further agree that any equity participant in the development of one (1) or more electrical power plant facilities plants which utilize Resources produced from the Property, for the purpose of implementing mortgagee protection provisions, to allow the Leasehold Lender or equity participant reasonable means to protect or preserve the lien of the Leasehold Mortgage and to protect the rights and interest of any such equity participant on the occurrence of a default by Lessee under the terms of the Leasethis Agreement. (f6) Lessor and Lessee each agree to execute, deliver, and acknowledge any agreement necessary to effectuate effect any such amendment or other instrumentinstrument as agreed to in this Section 19. (g7) Lessor shall have no obligation to execute such amendment or other instrument which in any way affects the Term term hereof, the indemnities provided herein, or Rent or royalties monetary amounts payable under the Agreement, or otherwise materially affects the rights or obligations of Lessor hereunder. (b) Lessor as Mortgagee: (1) Lessor shall have the right at all times during the term of this Agreement, with the prior written consent of Lessee, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such existing or future loans by encumbering the Property by any mortgage, deed of trust or other security instrument ("Lessor Mortgages"). (2) The proceeds of such loans, however, shall be used for Lessor's ownership obligations and operations related to the Property. (3) It shall be unreasonable for Lessee to withhold consent based on an object to the type of lender to a Lessor Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially sound, or is the Federal government, the State of California and/or a bona fide municipality of the State of California. (4) During the continuance of each and every Lessor Mortgage and until such time as the lien of each and every Lessor Mortgage has been extinguished, Lessor and Lessee shall cooperate in including in this Agreement any provision which may be reasonably requested by an owner or holder of the Lessor Mortgage ("Lessor Lender") by suitable amendment or other instrument, including site leases, easements, or licenses granted thereunder. (5) Lessor and Lessee each agree to execute, deliver, and acknowledge any agreement necessary to effect any amendment or other instrument as agreed to in this Section 19.

PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term of the Agreement, with the consent of LessorLessors, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the t leasehold estate created by the Agreement by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefrom, ("Leasehold Mortgages"). (b) The proceeds of such loans, however, shall be used for the planning, financing, development, design, purchase, construction, maintenance, and operation of one (1) or more power plant facilitiesplants, well fields and related equipment, personal property, fixtures and improvements necessary or desirable in the operation of such facilities on the Property or utilizing Resources produced from the Property. (c) It shall be unreasonable for Lessor Lessors to withhold consent to a Leasehold Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially soundsound , or is the Federal government, the State of California and/or a bona fide municipality of the State of California. (d) During the continuance of each and every Leasehold Mortgage and until such time as the lien of each and every Leasehold Mortgage has been extinguished, Lessor Lessors and Lessee shall cooperate in including in the Agreement any provision which may be reasonably requested by an owner or holder of the Leasehold Mortgage ("Leasehold Lender") by suitable amendment or other instrument, including site leases, easements, or licenses granted thereunder. (e) Lessor Lessors and Lessee further agree that any equity participant in the development of one (1) or more electrical power plant facilities plants which utilize Resources produced from the Property, for the purpose of implementing mortgagee protection provisions, to allow the Leasehold Lender or equity participant reasonable means to protect or preserve the lien of the Leasehold Mortgage and to protect the rights and interest of any such equity participant on the occurrence of a default by Lessee under the terms of the Lease. (f) Lessor and Lessee each agree to execute, deliver, and acknowledge any agreement necessary to effectuate any such amendment or other instrument. (g) Lessor shall have no obligation to execute such amendment or other instrument which in any way affects the Term hereof, the indemnities provided herein, or Rent or royalties payable under the Agreement, or otherwise materially affects the rights or obligations of Lessor hereunder.

PROTECTION OF MORTGAGEE. (a) Lessee shall have the right at all times during the term of the AgreementLease, with the consent of Lessor, which consent shall not be unreasonably withheld, to obtain bona fide loans (including through special purpose revenue bonds) and to secure such loans by encumbering the leasehold estate created by the Agreement Lease by any mortgage, deed of trust or other security instrument, including, without limitation, an assignment of the rents, issues and profits therefromtherefrom (excluding, however, the rentals and royalties payable to Lessor hereunder), ("Leasehold Mortgages"). (b) The ; provided, however, that the proceeds of such loans, however, loans shall be used for the planning, financing, development, design, purchase, construction, maintenance, and operation of one (1) or more power plant facilitiesplants, well fields and related equipment, personal property, fixtures and improvements necessary or desirable in the operation of such facilities on the Property or utilizing Resources produced from the Property. (c) . It shall be unreasonable for Lessor to withhold consent to a Leasehold Mortgage if the lender is a recognized lending or financial institution (including insurance companies) that is financially sound, sound or is the Federal government, the State of California and/or a bona fide municipality of the State of California. (db) During the continuance of each and every Leasehold Mortgage and until such time as the lien of each and every Leasehold Mortgage has been extinguished, Lessor and Lessee shall cooperate in including in the Agreement Lease, and any site leases, easements or licenses granted thereunder, by suitable amendment or other instrument, from time to time, any provision which may be reasonably requested by an owner or holder of the Leasehold Mortgage ("Leasehold Lender") by suitable amendment or other instrument, including site leases, easements), or licenses granted thereunder. (e) Lessor and Lessee further agree that any equity participant in the development of one (1) or more electrical power plant facilities plants which utilize Resources produced from the Property, for the purpose of implementing mortgagee protection provisions, to allow and allowing the Leasehold Lender or equity participant reasonable means to protect or preserve the lien of the Leasehold Mortgage and Mortgage, or to protect the rights and interest of any such equity participant participant, on the occurrence of a default by Lessee under the terms of the Lease. (f) . Lessor and Lessee each agree to execute, deliver, deliver and acknowledge any agreement necessary to effectuate effect any such amendment or other instrument. (g) ; provided, however, that Lessor shall have no obligation to execute such amendment or other instrument which in any way affects the Term term hereof, the indemnities provided herein, or Rent rent or royalties payable under the AgreementLease, or otherwise materially affects the rights or obligations of Lessor hereunder.