TO HAVE AND TO. HOLD the Premises, together with all rights, privileges, easements and appurtenances thereunto belonging and attaching, unto Tenant for a term of one (1) year (hereinafter called the "Term") commencing as of January 1, 2002, and ending on December 31, 2002. This Lease is made upon the covenants and agreements herein set forth on the part of the respective parties, all of which the parties respectively agree to observe and comply with during the term hereof.
TO HAVE AND TO. HOLD the Said Unit And the said Common Area Share And User Rights (both, hereinafter, collectively referred to as the “SAID UNIT AND THE RIGHTS APPURTENANT THERETO”) unto the Purchaser absolutely and forever free from all encumbrances, whatsoever, together with all benefits and advantages, rights, liberties, easements, privileges, appendages, and appurtenances whatsoever belonging to the Said Unit And The Rights Appurtenant Thereto or in anywise appertaining thereto, or any part thereof, usually held. Used, occupied, accepted, enjoyed, reputed or known as part or parcel thereof AND the reversion or reversions, remainder or remainders, and the rents, issues, and profits of the Said Unit And The Rights Appurtenant Thereto AND all the estate, rights, title, interest, property, claim and demand, whatsoever, of the Promoter into or upon the Said Unit And The Rights Appurtenant Thereto SUBJECT TO the observance and performance of the specific covenants, stipulations, restrictions and obligations mentioned hereafter, all of which shall be and be deemed always deemed to be covenants running with the land AND SUBJECT ALSO TO the Purchaser paying and discharging all taxes, impositions etc. of the Said Unit And The Rights Appurtenant Thereto wholly and also common expenses of the Common Areas proportionately, AND PROVIDED ALWAYS THAT the undivided proportionate share in the Common Areas and the right of user and enjoyment thereof shall always be deemed to have been conveyed to the Purchaser by the Promoters with the Said Unit even though the same, be not expressly mentioned in any further conveyance and/or instrument of transfer.
TO HAVE AND TO. HOLD all and singular the aforesaid property unto the Indenture Trustee, its successors and assigns, in trust for the benefit and security of the Holders from time to time of the Certificates for the uses and purposes and subject to the terms and provisions set forth in the Trust Indenture. This Supplement shall be construed as supplemental to the Trust Indenture and to the Trust Agreement and shall form a part of each, and the Trust Agreement and the Trust Indenture are each hereby incorporated by reference herein and each is hereby ratified, approved and confirmed. AND, FURTHER, the Owner Trustee hereby acknowledges that the Aircraft referred to in this Supplement and the aforesaid Lease Supplement has been delivered to the Owner Trustee and is included in the property of the Owner Trustee covered by all the terms and conditions of the Trust Agreement, subject to the pledge and mortgage thereof under the Trust Indenture. THIS SUPPLEMENT IS BEING DELIVERED IN THE STATE OF NEW YORK AND SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE.
TO HAVE AND TO. HOLD the demised premises for and during the term of FIVE (5) years to be computed from and inclusive of the 1ST day of JULY 2005 and from thenceforth next ensuing and fully to be completed and ended on the 30TH day of JUNE 2010. Provided that if the Landlord is unable for any reason whatsoever to give possession of the demised premises to the Tenant on the date of commencement hereof, then this Lease shall not be void or voidable nor shall the Landlord be liable for any loss or damage resulting therefrom. In any such event there shall be an abatement of rent until such time as the demised premises are in the Landlord’s opinion ready for occupancy and the Tenant hereby accepts such rent abatement as full consideration for any damages which might otherwise be suffered by it, by reason of the demised promises not being ready as aforesaid. It is understood and agreed that if there should be a delay as aforesaid, the Lease shall commence ten (10 ) days after the Landlord notifies the Tenant in writing that the demised premises are ready for occupancy, and in the event the expiration of the last mentioned ten (10) day period does not occur on the first day of the month, then the term of this lease shall commence on the first day of the next month succeeding the expiration of such ten (10) day period, and the Tenant shall pay rent on a prorated daily basis for the period commencing with the expiration of such ten (10) day period and the first day of the next succeeding month. Notwithstanding the date of commencement of the term in the case of any delay, the length of the term of this Lease shall remain unchanged and the date upon which the term hereof shall be fully completed and ended shall be adjusted accordingly by adding thereto the number of days between the commencement date hereinbefore set out and the new date of commencement arrived at in accordance with the preceding provisions. RENT
TO HAVE AND TO. Hold the property hereby conveyed unto Grantee, its successors and assigns, in fee simple. The Grantor hereby covenants that it will warrant specially the property hereby granted; and that it will execute such further assurances of the same as may be requisite.
TO HAVE AND TO. HOLD the same unto Assignee, its successors and assigns, absolutely and forever; TOGETHER WITH all sums payable under the Loan Documents, including, without limitation, principal and interest, as they respectively become due, and the right to enforce the Loan Documents.
TO HAVE AND TO. HOLD the same from this day forward so long as any part of the obligations of Borrower hereinafter described remains unpaid and unperformed. This Assignment is made as and shall constitute collateral security for any and all indebtedness and liabilities of any kind and nature of Borrower to the Lenders, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, pursuant to the Loan Agreement (all of the foregoing hereinafter called the "Obligation").
TO HAVE AND TO. HOLD the above granted and described Property unto and to the use and benefit of Xxxxxx and its successors and assigns, forever; PROVIDED ALWAYS, these presents are upon the express condition, that if Xxxxxxxxx has paid the Debt and other Obligations in full and performed all of its obligations pursuant to this Security Instrument and the other Loan Documents, and no further advances are to be made under the Loan Agreement, Lender will provide a satisfaction and cancellation of this Security Instrument and termination statements for filed financing statements, if any, to Mortgagor. Mortgagor shall be responsible for the recordation of such cancellation and satisfaction and the payment of any recording and filing costs. Upon the recording of such cancellation and satisfaction and the filing of such termination statements, the absolute assignments set forth in Section 1.2 shall automatically terminate and become null and void. It is intended by the parties hereto that this Security Instrument shall operate as a mortgage under the laws of the State of South Carolina.
TO HAVE AND TO. HOLD the same unto said Assignee from the date hereof under the terms and conditions set forth in said Summary Term Sheet, as amended; and the Assignor does hereby warrant and represent that said Note and Warrant defined in said Summary Term Sheet, as amended, are in good standing, the Note is not in default, neither has been previously assigned or pledged, the Assignor has no knowledge of any defenses that Maker may assert against Assignor or any assignee hereafter, and that its interest in said Summary Term Sheet, as amended, is freely assignable. The Assignee hereby accepts said assignment and agrees to be bound by all of the terms, conditions and covenants contained herein and in the Summary Term Sheet, as amended, and to perform all acts and obligations required of the Purchaser under said Summary Term Sheet, as amended. The Assignee agrees to indemnify and hold the Assignor harmless from liability for any default under the Summary Term Sheet, as amended, occurring from and after the date hereof and from liability for acts or failure to perform such acts or obligations under the Summary Term Sheet, as amended, occurring from and after the date hereof. The Assignor agrees to indemnify and hold the Assignee harmless from liability for any default under the Summary Term Sheet, as amended, on or prior to the date hereof and from Assignor’s acts, or failure to perform such acts or obligations under the Summary Term Sheet, as amended, occurring on or prior to the date hereof.
TO HAVE AND TO. HOLD the same unto Assignee, its successors and assigns, forever, from and after the date hereof, subject to the terms, covenants, conditions and provisions of the Leases. ASSIGNEE HEREBY ACCEPTS the foregoing assignment, acknowledges receipt of the Security Deposits, assumes and agrees to perform all of the obligations of Assignor under the Leases, accruing (unless otherwise required by the Leases) from and after the date hereof, and agrees to hold or apply all of the Security Deposits in accordance with the terms of the Leases under which the Security Deposits were made; and ASSIGNEE FURTHER AGREES, subject to any and all obligations of Assignor under the Group B Agreement which expressly survive the Closing, to defend and indemnify Assignor and any disclosed or undisclosed officer, director, employee, trustee, shareholder, partner, principal, parent, subsidiary or other person or entity affiliated with Assignor (collectively, "Assignor's Affiliates") against, and to hold Assignor and Assignor's Affiliates harmless from, any and all claims, demands, causes of action, losses, damages, liabilities, and costs and expenses (including, without limitation, attorney's fees and disbursements), whether foreseen or unforeseen, asserted against or incurred by Assignor or any of Assignor's Affiliates in connection with or arising out of acts or omissions of Assignee or its directors, officers, employees, affiliates, partners, brokers, agents, contractors, consultants and/or representatives, or other matters or occurrences (unless caused by Assignor) that take place, from and after the date hereof relating to the Leases and Security Deposits. ASSIGNOR FURTHER AGREES, subject to any and all obligations of Assignee under the Group B Agreement which expressly survive the Closing, to defend and indemnify Assignee and any disclosed or undisclosed officer, director, employee, trustee, shareholder, partner, principal, parent, subsidiary or other person or entity affiliated with Assignee (collectively, "Assignee's Affiliates") against, and to hold Assignee and Assignee's Affiliates harmless from, any and all claims, demands, causes of action, losses, damages, liabilities, and costs and expenses (including, without limitation, attorney's fees and disbursements), whether foreseen or unforeseen, asserted against or incurred by Assignee or any of Assignee's Affiliates in connection with or arising out of acts or omissions of Assignor or its directors, officers, employees, affili...
