Financing Encumbrance definition

Financing Encumbrance means any mortgage, deed of trust, assignment, security agreement, pledge, financing statement, conveyance and lease (in the case of a sale and leaseback transaction) or any other instrument(s) or agreement(s) intended to grant security for any financing, that encumbers all of the Leased Premises and FirstWorld's rights under the License Agreement and the Conduit Lease (or any portion of the Leased Premises together with but not separate from FirstWorld's rights under the License Agreement and the Conduit Lease to the extent affecting Buildings and areas, respectively, served by the portion of the Leased Premises encumbered by the applicable Financing Encumbrance) (as well as such other assets or rights as may be encumbered by such instruments) as the same may be renewed, modified, consolidated, amended, extended or assigned from time to time.
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Financing Encumbrance means an Encumbrance evidencing an obligation to pay money, including, without limitation, mortgages, collateral and other assignments of rent, security agreements, financing statements, mechanics’ liens, and judgment liens.
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Examples of Financing Encumbrance in a sentence

  • If FirstWorld enters into any Financing Encumbrance(s), then the Lender(s) thereunder shall be entitled to the Lender protections provided for under this Agreement only from and after such time as FirstWorld or such Lender has given Irvine written notice of the name and address of such Lender, accompanied by a copy of the executed Financing Encumbrance.

  • Irvine shall recognize any purchaser of FirstWorld's interests under this Agreement pursuant to a foreclosure sale under a Financing Encumbrance, any transferee of FirstWorld's interests under this Agreement under an assignment in lieu of foreclosure, or, if the Lender should be such purchaser or assignee, a direct transferee of Lender that is a Permitted Assignee.

  • During any such period, the Lender shall be entitled to exercise the Lender's Cure Rights and its rights and remedies under its Financing Encumbrance and other loan documents without any direct or indirect delay, interference, impairment or prohibition by Irvine, except to the extent reasonably necessary to permit Irvine to exercise Irvine's Cure Rights.

  • In the event of foreclosure of a Financing Encumbrance, Irvine shall be entitled to bid at such sale on the same terms as, and without any priority or preference over, any other third person bidder.

  • Subject to and in accordance with the terms and provisions of this Article 13, and notwithstanding anything in this Agreement to the contrary, FirstWorld shall have the right, without Irvine's consent, to encumber the Cable, this Agreement and FirstWorld's interest in the Leased Premises (or a portion of foregoing) as security for any Financing and to record any Financing Encumbrance given by FirstWorld as security for any Financing.

  • Subject to the terms of its Financing Encumbrance, any Lender shall also be entitled to appear in such proceedings and empowered to participate in any settlement, arbitration or other proceeding involving any such Condemnation.

  • Subject to and in accordance with the terms and provisions of this Article 11, and notwithstanding anything in this Agreement to the contrary, FirstWorld shall have the right, without Irvine's consent, to encumber the Equipment, this Agreement and FirstWorld's interest in the License (or a portion of the foregoing) as security for any Financing and to file or record any Financing Encumbrance given by FirstWorld as security for any Financing.

  • Any Lender, by acceptance of any Financing Encumbrance, agrees that it accepts the same subject to the rights of Irvine pursuant to Article 12, below.

  • No Financing Encumbrance shall encumber or in any other way limit or restrict Irvine's rights and remedies under this Agreement except as expressly provided in this Agreement.

  • Irvine shall not settle or compromise any Condemnation award with respect to the Leased Premises without consent by FirstWorld, and by any Lender to whom FirstWorld has delegated such consent rights under a Financing Encumbrance.