Warrant of Title. (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien, defect, attachment, levy, title retention agreement or claim upon the Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders pursuant to the Loan Agreement or the other Loan Documents, other than Lessor Liens, Permitted Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Amounts. (b) Nothing contained in this Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR, TRUST COMPANY, THE CERTIFICATE PURCHASER NOR ANY LENDER IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER OR ANY LENDER IN AND TO THE PROPERTY.
Appears in 1 contract
Samples: Lease and Open End Mortgage (Fore Systems Inc /De/)
Warrant of Title. (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien (other than any Lessor Lien), defect, attachment, levy, title retention agreement or claim upon the any Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders Lessor or the Participants pursuant to the Loan Agreement or the other Loan Operative Documents, other than Lessor Liens, Permitted Property Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Lessor Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the any Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER NONE OF THE LESSOR, TRUST COMPANY, LESSOR OR THE CERTIFICATE PURCHASER NOR ANY LENDER LENDERS IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER LESSOR OR ANY LENDER IN AND TO THE ANY PROPERTY.
Appears in 1 contract
Warrant of Title. (a) The Lessee agrees that that, except as otherwise provided herein and subject to the terms of Article XII Section 9.5 relating to permitted contestsPermitted Contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien, defect, attachment, levy, title retention agreement or claim upon the any Leased Property or any Modifications Alterations to a Site, or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders Agent pursuant to the Loan Agreement or the other Loan Documents, other than Lessor Liens, Permitted Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate AmountsLessor Liens.
(b) Nothing contained in this Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Property either Site or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR, TRUST COMPANY, THE CERTIFICATE PURCHASER NOR ANY LENDER PARTICIPANT NOR AGENT IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE PROPERTY A SITE OR ANY PART OR PORTION THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER AGENT OR ANY LENDER PARTICIPANT IN AND TO THE ANY LEASED PROPERTY.
Appears in 1 contract
Samples: Master Lease (Cisco Systems Inc)
Warrant of Title. (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII XVI relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expenseexpense (which shall be paid for by funds from an Advance and added to the Lease Balance during the Construction Period), any Lien, defect, attachment, levy, title retention agreement or claim upon the Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders pursuant to the Loan Agreement or the other Loan DocumentsRent, other than Lessor Liens, Permitted Liens and Liens on trade fixtures, machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate AmountsAdvances.
(b) Nothing Except as otherwise expressly contained herein or in the Construction Agency Agreement, nothing contained in this Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR, TRUST COMPANY, THE CERTIFICATE PURCHASER NOR ANY LENDER LESSOR IS OR NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER OR ANY LENDER IN AND TO THE PROPERTY.
Appears in 1 contract
Samples: Lease and Security Agreement (Alternative Living Services Inc)
Warrant of Title. (a) The Each Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII relating to permitted contests, the such Lessee shall not directly or indirectly create or allow to remain, and shall promptly shall, within sixty (60) days of receiving notice of same, discharge at its sole cost and expense, any Lien (other than any Lessor Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon the its Property or any Modifications or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any Lien or Agent Lien), defect, attachment, levy, title retention agreement or claim upon its Property or any Lien, attachment, levy or claim not created by the Lessor with respect to the Rent or with respect to any or with respect to any amounts held by the Lenders Lessor, any other Participant, the Lease Agent or the Collateral Agent pursuant to the Loan Agreement or the other Loan Operative Documents, other than Lessor Permitted Property Liens, Permitted Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the any Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER NONE OF THE LESSOR, TRUST COMPANY, LESSOR OR THE CERTIFICATE PURCHASER NOR ANY LENDER LENDERS IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER LESSOR OR ANY LENDER IN AND TO THE ANY PROPERTY.
Appears in 1 contract
Samples: Master Lease, Open End Mortgage and Purchase Option (Multicare Companies Inc)
Warrant of Title. (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article XII 12 relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien (other than any Lessor Lien or any Permitted Property Lien), defect, attachment, levy, title retention agreement or claim upon the Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders Lessor pursuant to the Loan Agreement or the other Loan Operative Documents, other than Lessor Liens, Permitted Property Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Lessor Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER THE LESSOR, TRUST COMPANY, THE CERTIFICATE PURCHASER NOR ANY LENDER LESSOR IS NOT OR SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, LESSOR OR THE CERTIFICATE PURCHASER OR ANY LENDER IN AND TO THE PROPERTY.
Appears in 1 contract
Warrant of Title. (a) The Lessee agrees that except as otherwise provided herein and subject to the terms of Article ARTICLE XII relating to permitted contests, the Lessee shall not directly or indirectly create or allow to remain, and shall promptly discharge at its sole cost and expense, any Lien (other than any Lessor Lien), defect, attachment, levy, title retention agreement or claim upon the any Property or any Modifications or any Lien, attachment, levy or claim with respect to the Rent or with respect to any amounts held by the Lenders Lessor or the Participants pursuant to the Loan Agreement or the other Loan Operative Documents, other than Lessor Liens, Permitted Property Liens and Liens on machinery, equipment, general intangibles and other personal property not financed by the proceeds of the Loans or Certificate Lessor Amounts.
(b) Nothing contained in this Master Lease shall be construed as constituting the consent or request of the Lessor, expressed or implied, to or for the performance by any contractor, mechanic, laborer, materialman, supplier or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the any Property or any part thereof. NOTICE IS HEREBY GIVEN THAT NEITHER NONE OF THE LESSOR, TRUST COMPANY, LESSOR OR THE CERTIFICATE PURCHASER NOR ANY LENDER LENDERS IS OR SHALL BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING THE A PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LESSOR, THE CERTIFICATE PURCHASER LESSOR OR ANY LENDER IN AND TO THE ANY PROPERTY.
Appears in 1 contract