Title to Facility. Title to the Facility leased herein shall be and at all times during the Term remain in Lessor. During the Term, Lessee shall neither remove nor permit removal of any serial number, model number, name, or any other identification of ownership from the Facility.
Title to Facility. Title to all components of the Facility are vested in and shall remain in the Lessor, and such components shall be subject to the terms and conditions of this Lease.
Title to Facility. Except as otherwise set forth in this Agreement, as between the Parties during the Term of this Agreement, all ownership of and title to the Facility, permits, approvals, Environmental Attributes, Environmental Incentives, Reporting Rights and tax benefits associated with the Facility shall be with the Developer. Developer shall be the legal and beneficial owner of the Facility, which Facility will at all times retain the legal status of personal property of Developer as defined under Article 9 of the Uniform Commercial Code. Xxxxx will not take a position on any tax return or in other filings suggesting that it is anything other than a purchaser of Electricity from the Facility. The Parties intend this Agreement to be treated as a “service contract” within the meaning of section 7701(e)(3) of the Internal Revenue Code.
Title to Facility. The Facility, the Enterprise and all related improvements and assets shall be the sole and exclusive property of the Tribe, subject to no liens or encumbrances except for any UCC and other liens permitted in favor of the Lender and LKAR to be granted pursuant to the provisions of this Amended Memorandum Agreement or any loan or other financing agreements between the Lender or LKAR and the Tribe entered into after the date the parties execute this Amended Memorandum Agreement.
Title to Facility. The Facility shall be the sole and exclusive property of the Tribe, subject to no liens or encumbrances except for any liens in favor of the lender and Developer granted herein or others permitted herein.
Title to Facility. The Borrower has good and marketable fee title to the Property and the Facility located thereon, in each case free and clear from all encumbrances other than Permitted Encumbrances. The Borrower enjoys the peaceable and undisturbed possession of the Property and the Facility. The parties acknowledge that the Borrower’s Head of School occupies the Facility as a condition of employment.
Title to Facility. During the Term, Foundation shall hold legal title to the Facility and any and all additions which comprise repairs, replacements, substitutions, or modifications, and Foundation shall retain an equitable lien on the title to the Facility and any and all repairs, replacements, substitutions, and modifications to it, unless otherwise agreed to by the parties in writing.
Title to Facility. The Issuer acknowledges that, as between the Issuer and the Company: (i) the Company shall be the sole owner of the Facility and shall be entitled to sole and exclusive possession of the Facility, and (ii) neither the Issuer, the Trustee nor the Bondowners shall be entitled to or have any security interest in or lien upon the Facility or the Company’s title to and interest in the Facility other than the Security Documents.
Title to Facility. Except as otherwise expressly set forth herein, the Facility shall be owned by Tenant during the Term.
Title to Facility. (a) Title to all components of the Facility is vested in and shall remain in the Lessor, and such components shall be subject to the terms and conditions of this Lease.
(b) The Lessor shall own 100% of the ground lease of the Site and the legal and beneficial interest in the remainder of the Facility. All accessories, equipment, parts, fixtures and devices affixed or placed on the Facility from time to time by the Lessee, other than “Excluded Equipment,” and all modifications, alterations, renovations or improvements to the Facility made by the Lessee shall be and become part of the Facility for the purposes of this Lease and shall be Property of the Lessor subject to the terms of this Lease; provided that the Lessor’s interest in any part of the Facility that is replaced by the Lessee pursuant to and as permitted by the terms of this Lease shall be deemed released from this Lease (and the Collateral) and thereupon become the Property of the Lessee automatically, without further action by the Lessor, and the Lessor shall perform all acts and execute all documents that the Lessee reasonably requests to give effect to the foregoing at the expense of the Lessee, including the execution and delivery of bills of sale and other documents of transfer. This Lease shall not give or grant to the Lessee any right, title or interest in or to the Facility, except the rights expressly conferred by this Lease. The term “Excluded Equipment” shall mean any computer equipment, telephone equipment, copier equipment, facsimile equipment or other office equipment which is (i) acquired by the Lessee with its own funds or leased under separate lease agreements from third party lessors and not acquired in whole or in part with the proceeds of Lessor Investments, and (ii) does not constitute a modification or replacement of or supplement or accession to any part of the Facility.
