Common use of Right to Encumber Clause in Contracts

Right to Encumber. Each of Zond and the Series A Partnership may, at any time and from time to time during the term of this Series A Co-Ownership Agreement, encumber, mortgage or hypothecate to any person or entity (herein, the "Mortgagee") by deed of trust or mortgage or other security instrument, (the "Mortgage") all or part of such party's interest under this Series A Co-Ownership Agreement without the consent of the other, non-encumbering co-owner. Any Mortgagee under a lien permitted hereunder shall agree not to disturb the interest of the other co-owner and its Mortgagee.

Appears in 2 contracts

Samples: Power Co Ownership Agreement (Zond Windsystem Partners LTD Series 85-A), Power Co Ownership Agreement (Zond Windsystem Partners LTD Series 85-B)

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Right to Encumber. Each of Zond and the Series A B Partnership may, ----------------- at any time and from time to time during the term of this Series A B Co-Ownership Agreement, encumber, mortgage or hypothecate to any person or entity (herein, the "Mortgagee") by deed of trust or mortgage or other security instrument, (the "Mortgage") all or part of such party's interest under this Series A B Co-Ownership Agreement without the consent of the other, non-encumbering co-owner. Any Mortgagee under a lien permitted hereunder shall agree not to disturb the interest of the other co-owner and its Mortgagee.

Appears in 2 contracts

Samples: Ownership Agreement (Zond Windsystem Partners LTD Series 85-A), Ownership Agreement (Zond Windsystem Partners LTD Series 85-B)

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