Common use of Replacement of Fixtures and Personalty Clause in Contracts

Replacement of Fixtures and Personalty. Grantor will not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except as may be approved in writing by Beneficiary.

Appears in 5 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.)

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Replacement of Fixtures and Personalty. Grantor will shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty owned or leased by Grantor to be removed at any time from the Land or Improvements Improvements, unless the removed item is removed temporarily for maintenance and repair or, if or is permitted to be removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except as may be approved in writing by Beneficiarythe Credit Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Dean Foods Co), Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc), Second Lien Credit Agreement (Headwaters Inc)

Replacement of Fixtures and Personalty. Grantor will shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete and is replaced by an article of equal or better suitability and value, owned by GrantorGrantor subject to the liens and security interests of this Deed of Trust and the other Loan Documents, and free and clear of any other lien or security interest except such as may be first approved in writing by Beneficiary.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement and Fixture Filing (360 Global Wine Co), Deed of Trust (Windrose Medical Properties Trust)

Replacement of Fixtures and Personalty. Grantor will not, without -------------------------------------- the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements unless the removed item is removed temporarily for purposes of maintenance and repair or, if removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except as may be approved in writing by Beneficiary.

Appears in 1 contract

Samples: Deed of Trust (Cellstar Corp)

Replacement of Fixtures and Personalty. Grantor will shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements Improvements, unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is obsolete or is replaced by an article of equal or better suitability and value, owned by Grantor, subject to the liens and security interests of this Deed of Trust and the other Loan Documents, and free and clear of any lien other Lien or security interest except such as may be first approved in writing by Beneficiary.

Appears in 1 contract

Samples: Deed of Trust (Wells Mid-Horizon Value-Added Fund I LLC)

Replacement of Fixtures and Personalty. Grantor will not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except such as may be first approved in writing by Beneficiary.

Appears in 1 contract

Samples: Security Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

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Replacement of Fixtures and Personalty. Grantor will not, without the prior written consent of Beneficiary, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements improvements unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except as may be approved in writing by Beneficiary.

Appears in 1 contract

Samples: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)

Replacement of Fixtures and Personalty. The Grantor will not, without the Beneficiary’s prior written consent of Beneficiaryconsent, permit any of the Fixtures or Personalty to be removed at any time from the Land or Improvements unless the removed item is removed temporarily for maintenance and repair or, if removed permanently, is replaced by an article of equal suitability and value, owned by the Grantor, free and clear of any lien or security interest except such as may be first approved in writing by the Beneficiary.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Replacement of Fixtures and Personalty. Grantor will shall not, without the prior written consent of Beneficiary, permit any of the Fixtures or removable Personalty owned or leased by Grantor to be removed at any time from the Land or Improvements Improvements, unless the removed item is removed temporarily for maintenance and repair or, if or is permitted to be removed permanently, is replaced by an article of equal suitability and value, owned by Grantor, free and clear of any lien or security interest except as may be approved in writing by Beneficiarythe Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

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