Common use of Release of Certain Land Clause in Contracts

Release of Certain Land. Notwithstanding any other provision of this Loan Agreement, the parties hereto, with the prior written consent of Trustee, which consent shall not be unreasonably withheld, reserve the right at any time and from time to time to amend the Deed of Trust for the purpose of effecting the release of and removal from this Loan Agreement, the Deed of Trust, and the Indenture (i) of any unimproved part of the Land (on which neither the Buildings nor any Mortgaged Equipment is located but on which transportation or utility facilities may be located) on which Company proposes to construct improvements under another and different loan agreement or (ii) any part of the Land with respect to which Company proposes to grant an easement or convey a fee or other title to a railroad or other public or private carrier or to any public utility or public body in order that transportation facilities or services by rail, water, road, or other means or utility services for the Mortgaged Property may be provided, increased, or improved; provided, that if at the time any such amendment is made any of the Bonds are Outstanding and unpaid there shall be deposited with Trustee the following:

Appears in 2 contracts

Samples: Loan Agreement (American Railcar Industries, Inc./De), Loan Agreement (American Railcar Industries, Inc./De)

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Release of Certain Land. Notwithstanding any other provision of this Loan Lease Agreement, the parties hereto, with the prior written consent of Trustee, which consent shall not be unreasonably withheld, reserve the right at any time and from time to time to amend the Deed of Trust this Lease Agreement for the purpose of effecting the release of and removal from this Loan Agreement, the Deed of Trust, Lease Agreement and the Indenture leasehold estate created hereby (i) of any unimproved part of the Leased Land (on which neither the Buildings nor any Mortgaged Leased Equipment is located but on which transportation or utility facilities may be located) on which Company Issuer proposes to construct improvements for lease to Company under another and different loan lease agreement or (ii) any part of the Leased Land with respect to which Company Issuer proposes to grant an easement or convey a fee or other title to a railroad or other public or private carrier or to any public utility or public body in order that transportation facilities or services by rail, water, road, or other means or utility services for the Mortgaged Property may be provided, increased, or improved; provided, that if at the time any such amendment is made any of the Bonds are Outstanding outstanding and unpaid there shall be deposited with Trustee the following:

Appears in 1 contract

Samples: Lease Agreement (American Railcar Industries, Inc.)

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Release of Certain Land. Notwithstanding any other provision of this Loan AgreementLease, the parties hereto, with the prior written consent of Trustee, which consent shall not be unreasonably withheld, hereto reserve the right at any time and from time to time by mutual agreement and as and to the extent permitted by any Superior Security Document or any Leasehold Security Deed, at any time any Superior Security Document or any Leasehold Security Deed is outstanding, to amend the Deed of Trust this Lease for the purpose of effecting the release of and removal from this Loan Agreement, the Deed of Trust, and the Indenture Lease (i) of any unimproved part of the Land (on which neither the Buildings nor any Mortgaged Equipment is Improvements are not located but on which transportation parking, transportation, utility facilities or utility other support facilities may be located) on which Company the Issuer proposes to construct improvements for lease under another and different loan lease agreement or (ii) of any part of the Land with respect to which Company the Issuer proposes to grant an easement or convey a fee or other title to a railroad or other public body or private carrier quasi-public body or to any a public utility or public body in order that transportation facilities or services by rail, water, road, road or other means or utility services for the Mortgaged Property Project, for the benefit of the Lessee, may be provided, increased, increased or improved; provided, that if at the time any such amendment is made any of the Bonds are Outstanding and unpaid unpaid, there shall be deposited with the Trustee the following:

Appears in 1 contract

Samples: Lease Agreement (Bluerock Residential Growth REIT, Inc.)

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