Tower Sites. At least a majority of the Towers that do not ----------- constitute Mortgaged Properties are constructed so as to be capable of being moved from their present locations and except to the extent (i) recordation of any renewal, extension, amendment, assignment or other instrument in connection with any lease of real property in the applicable public records may be required in order to permit removal of a Tower and (ii) removal and/or disassembly of a Tower may require the Borrower and its Subsidiaries to obtain the consent of, or a permit from, the applicable Governmental Authority (which consent or permit the Borrower believes is reasonably likely to be issued if requested by the Borrower or any of its Subsidiaries), the Borrower and its Subsidiaries have the right to remove such Towers from their present locations.
Tower Sites. At least a majority of the Towers that do not ----------- constitute Pledged Towers are constructed so as to be capable of being moved from their present locations and except to the extent recordation of any renewal, extension, amendment, assignment or other instrument in connection with any lease of real property in the applicable public records may be required in order to permit removal of a Tower, the Company and its Subsidiaries have the right to remove such Towers from their present locations.
Tower Sites. 9 1.37 Towers......................................... 9 1.38 TowerCo Material Adverse Effect................ 9 1.39
Tower Sites. (a) The Data Room Information contains a sample of Tower Site Licences.
(b) So far as the Warrantors are aware, no Group Company is in material breach of a Tower Site Licence and no party to a Tower Site Licence has given written notice of an intention to terminate the Tower Site Licence (whether by way of formal notice of termination or by means of other written communication), excluding expiry or non-renewal in accordance with the terms of a Tower Site Licence or by exercise of a contractual break right, in each case for such number of Tower Site Licenses that would have a material adverse effect on the assets or financial position of the Group Companies, taken as a whole.
(c) So far as the Warrantors are aware: (i) no Group Company is in material breach of a Tower Site Lease; and
Tower Sites. (a) Tower Sites generating not less than 80% of the Annualized Run Rate Net Cash Flow of all Tower Sites for the month of November 2009 (pro forma for the acquisitions of Tower Sites by Asset Entities in November and December 2009), consist of Owned Fee Sites, Easement Sites or Ground Lease Sites with respect to which the Ground Lease (or the applicable Estoppel) requires (x) the Ground Lessor to give notice of any default by the applicable Asset Entity to the Indenture Trustee or Servicer and such notice must be delivered prior to terminating the Ground Lease, or the Ground Lease or the Estoppel provides that notice of termination given under the Ground Lease is not effective against the Indenture Trustee unless a copy of the notice has been delivered to the Indenture Trustee or Servicer in the manner described in the Ground Lease; and (y) the Indenture Trustee is permitted to cure any default under such Ground Lease that is curable after the receipt of notice of any default.
(b) Tower Sites generating not less than 80% of the Annualized Run Rate Net Cash Flow of all Tower Sites for the month of November 2009 (pro forma for the acquisitions of Tower Sites by Asset Entities in November and December 2009), consist of Owned Fee Sites, Easement Sites or Ground Lease Sites which have a term (including all available extensions) that ends no earlier than July 1, 2062.
(c) Tower Sites generating not less than 80% of the Annualized Run Rate Net Cash Flow of all Tower Sites for the month of November 2009 (pro forma for the acquisitions of Tower Sites by Asset Entities in November and December 2009), consist of Owned Fee Sites, Easement Sites or Ground Lease Sites with respect to which the Ground Lease (or the applicable Estoppel) permits the applicable Asset Entity to assign its interest in such Ground Lease to the Indenture Trustee upon notice to, but without the consent of, the Ground Lessor (or, if any consent is required, it has been obtained prior to the Closing Date) and permits further assignment by the Indenture Trustee and its successors and assigns upon notice to, but without a need to obtain the consent of, the Ground Lessor.
Tower Sites. 51 4.25 Real Property Leases.................................................................................51 4.26 FCC and FAA Matters; State Regulatory Compliance.....................................................51 SECTION 5.
Tower Sites. The sites of the Towers that are owned or leased by Sublessors and are identified in ANNEX I hereto, including all fee, ground leasehold interests and easements pertaining to such tower sites owned by Sublessors and including (i) a fee ownership in the real property associated with the Towers designated as "Owned Sites" in ANNEX I hereto, and (ii) the leasehold interest, leasehold estate or other possessory interest or use right in and to the real property associated with the Towers designated as "Leased Sites" in ANNEX I hereto pursuant to the ground leases or other documents related thereto identified in ANNEX II (the "Ground Leases"); provided, however, that such term does not include any Excluded Assets.
Tower Sites. Each of the Towers is constructed so as to be capable of being moved from its present location and except to the extent recordation of any renewal, extension, amendment, assignment or other instrument in connection with any lease of real property in the State of Louisiana in the applicable public records may be required in order to permit removal of a Tower, the Company and its Subsidiaries have the right to remove the Towers from their present locations. None of the Towers located on Designated Real Property shall be removed from their locations without the prior written consent of the Required Lenders, which consent shall not be unreasonably withheld or delayed, unless (a) such removal is in the ordinary course of business, (b) such actions and making such filings of record as may be necessary to continue the first priority perfected Lien of the Lenders therein have been taken and (c) the Managing Agent has received Estoppel and Consent Letters relating to the new locations.
Tower Sites. The Master Tower Spreadsheet sets forth each Tower Site and Development Tower Site, giving effect to the Tower Sites to be acquired pursuant to the Acquisition Agreements, and includes, without limitation, the site number, site name, FCC ID, FAA ID, location detail, asset category, structure type, tower height, tower age, site owner, rent detail, TCF detail, and also identifies whether each Tower Site is, or is not, a Development Tower Site or an Existing Tower Site. The Tower Sites and the Improvements located thereon are, and at the applicable Closing Date, shall be free and clear of all Liens other than Permitted Encumbrances. Except as described on Schedule 3.45: (a) Company has good, indefeasible and insurable fee simple title to the Tower Sites and all appurtenances and rights in and to the Tower Site; (b) the Company is in possession of each of the Tower Sites; (c) the Company has paid all applicable taxes which are assessed or imposed and due and payable against the Tower Sites, and there are no past due amounts; and (d) the Company is not obligated to pay any additional rent or charges to any person in connection with the Tower Sites.
Tower Sites. SpectraSite shall diligently exercise its best efforts to construct and deliver all of the Tower Sites in the clusters which have been developed by Tritel for the best system optimization.
