Site Sublease definition
Examples of Site Sublease in a sentence
The present value of Basic Lease Rent payable during the Basic Lease Term under the Facility Lease (taking into account any rent adjustment through or contemplated on the Closing Date), together with all rent payable under the related Facility Site Sublease, discounted at the Discount Rate, shall satisfy the 90 percent test for operating lease treatment under FAS 13 and ▇▇▇▇▇ City shall have been advised by its auditor that the Facility Lease qualifies for such operating lease treatment.
Sales, grants of leases or easements and conveyances of portions of the Facility Site, rights of way, easements or leasehold interest made by the Facility Lessee in accordance with Article VIII of the Facility Site Sublease shall automatically, without further act of any Person, be released from this Lease Indenture.
Each party hereto will promptly and duly execute and deliver such further documents to make such further assurances for and take such further action reasonably requested by the other party, all as may be reasonably necessary to carry out more effectively the intent and purpose of this Site Sublease.
The headings of the sections of this Site Sublease and the Table of Contents are inserted for purposes of convenience only and shall not be construed to affect the meaning or construction of any of the provisions hereof.
Any provision of this Site Sublease that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
The Facility Lessee shall not use, or permit to be used (except to the extent required pursuant to the Project Documents in effect on the Closing Date), the Facility Site or the Easements for any purpose other than for the development, operation and maintenance of the Facility as contemplated by or otherwise permitted by the Operative Documents, including [Article VIII] of the Facility Site Sublease.
No term, covenant, agreement or condition of this Site Sublease may be terminated, amended or compliance therewith waived (either generally or in a particular instance, retroactively or prospectively) except by an instrument or instruments in writing executed by each party hereto.
This Site Sublease may be executed in separate counterparts, each of which, when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.
Notwithstanding anything to the contrary in this Site Sublease, the Site Sublease Term shall automatically terminate upon the expiration, cancellation or early termination of the Facility Lease.
Other than any Taxes included within Transaction Expenses, all Taxes due and payable on the Closing Date in connection with the sale of the Facility, the Lease of the Undivided Interest and the Site Lease (and subsequent Site Sublease) of the Facility Site, the issuance of the Lessor Notes and the Lease Financing shall have been paid by or on behalf of AEE, and all filings, reportings or other requirements with respect to such Taxes shall have been satisfied by AEE.