Tower Related Assets means, with respect to each Tower, (a) to the extent such rights are assignable to Lessee, all rights to any warranties held by Lessor with respect to such Tower (or the related Site) prior to the date hereof (and if such rights cannot be granted to Lessee, such rights shall be enforced by Sprint Collocator, at Lessee's cost, at the direction of and for the benefit of Lessee), (b) to the extent such rights are assignable to Lessee, all rights under any Governmental Approvals held exclusively with respect to the ownership or operation of such Tower (and of the related Site if such Site is an Owned Site) prior to the date hereof (and if such rights cannot be granted to Lessee, such rights shall be enforced by the applicable Sprint Additional Party (or if such rights must be enforced by an Affiliate of Sprint, the applicable Sprint Additional Party shall cause such Affiliate to enforce such rights), at Lessee's cost, at the direction of and for the benefit of Lessee), (c) to the extent such rights may be granted to Lessee, a sublicense or other right to use any Governmental Approvals not held exclusively with respect to, but held in part for the benefit of, the ownership or operation of such Tower (and of the related Site if such Site is an Owned Site), and (d) copies of, or extracts from, all current files and records of Lessor or any other Sprint Group Member solely related to the ownership, occupancy or leasing of such Tower (and of the related Site if such Site is an Owned Site), or, to the extent not so solely related, appropriate extracts thereof. "TOWER RELATED ASSETS" does not include any intellectual property or intangible rights or Excluded Assets.
Tower Related Assets means (i) the Tower Leases and security deposits (if any) from tenants under the Tower Leases, (ii) the Site Leases, (iii) all of Seller’s rights to any casualty insurance proceeds payable after the execution of this Agreement and with respect to events occurring prior to the Closing with regard to the Assets (but only to the extent the casualty to which the proceeds relate has not been repaired or restored by Seller at its cost prior to the Closing and Buyer has designated the applicable site as an Accepted Site), (iv) copies of, or extracts from, all current, non-confidential files and records of Seller to the extent that such files or records contain information related to the design, construction, maintenance, ownership, or leasing of the Assets, (v) all privileges, rights, easements, hereditaments and appurtenances belonging to or for the benefit of the Tower Sites, including all access easements appurtenant to and for the benefit of any Tower Site for, and as the primary means of, access between the Tower Site and a public right of way, or for any other use upon which lawful use of the Tower Site for the purposes for which it is presently being used is dependent, and all rights existing in and to any streets, alleys, passages and other rights-of-way included thereon or adjacent thereto (before or after vacation thereof) and vaults beneath any such streets, (vi) all tenant applications for Tower Leases that are pending as of Closing and maintenance contracts related to the Assets, (vii) claims for any Tax refunds but only to the extent that such claims relate to the operation of the Assets following the Closing; and (viii) all rights to any warranties held by Seller or any of its Affiliates with respect to the Tower Sites, including without limitation the related Tower Structures. Tower Sites shall mean the tracts of real property, either owned or leased, on which the Tower Structures are located.
Tower Related Assets does not include any intellectual property or intangible rights or any Excluded Assets.
Examples of Tower Related Assets in a sentence
The rights granted to Tower Operator under this Agreement include, with respect to each Tower, the right of Tower Operator to use and employ, to the extent such rights may be legally granted to or used by Tower Operator, the Tower Related Assets related to the Sites.
These include cost reports, plans of correc- tion and reports to accrediting bodies such as Joint Commission, OSHPD or other government oversight agency.
The rights granted to Lessee under this Agreement include, with respect to each Tower, the right of Lessee to use and employ, to the extent such rights may be legally granted to or used by Lessee, the Tower Related Assets related to the Sites.
For a period of twelve (12) months after the Closing Date, Seller hereby agrees that it will notify Buyer in writing if Seller determines that it desires to sell to an unaffiliated third party any additional Tower Structures and Tower Related Assets.
Upon the earlier of Seller’s receipt of Buyer’s written notice indicating that it will not exercise its limited right of first refusal and the expiration of the above-referenced sixty (60) day period, Seller shall be free to sell the Tower Structures and Tower Related Assets in question to a third party.
More Definitions of Tower Related Assets
Tower Related Assets means, with respect to each Tower, (i) to the extent such rights are assignable or leasable, as the case may be, all rights to any warranties held by the Verizon Contributors, the Verizon Lessors or their respective Affiliates exclusively with respect to such Tower (or the related Site), (ii) to the extent such rights are assignable or leasable without Authorization, as the case may be, all rights under any Governmental Approvals (other than Governmental Approvals granted by the FCC or any public utilities commission that are not antenna structure registrations under Part 17 of the FCC rules) held exclusively with respect to the ownership or operation of such Tower (and of the related Sale Site if such Sale Site is an Owned Site), and that are not used by the Verizon Contributors or the Verizon Lessors in any part of their respective businesses and operations other than the Collocation Operations, (iii) to the extent such rights are sublicensable or grantable (A) without Authorization or (B) without otherwise materially diminishing or limiting the rights of, or resulting in increased costs or expenses to, the Verizon Contributors, the Verizon Lessors or their respective Affiliates (provided that any cost or expense of sublicensing or granting such right that is reimbursed by Acquiror shall not be considered in the determination of increased costs or expenses), as the case may be, a sublicense or other right to use any Governmental Approvals (other than Governmental Approvals granted by the FCC or any public utilities commission that are not antenna structure registrations under Part 17 of the FCC rules) not held exclusively with respect to, but held in part for the benefit of, the ownership or operation of such Tower (and of the related Site if such Site is an Owned Site) and (iv) all Books and Records. For the avoidance of doubt, “Tower Related Assets” does not include any intellectual property or intangible rights or any Excluded Assets.
Tower Related Assets means “Tower Related Assets” as defined in the Master Agreement.
Tower Related Assets as defined in the Master Agreement.
Tower Related Assets means, with respect to each Tower: (a) to the extent such rights are assignable or leasable, as the case may be, all rights to any warranties held by SM Group Member exclusively with respect to such Tower; (b) to the extent such rights are assignable or leasable without Authorization, as the case may be, all rights under any Governmental Approvals (other than Governmental Approvals granted by the FCC or any public utilities commission that are not antenna structure registrations under Part 17 of the FCC rules) held exclusively with respect to the ownership or operation of such Tower (and of the related Sale Site if such Sale Site is an Owned Site), and that are not used by any SM Group Member in any part of their respective businesses and operations other than the Collocation Operations; (c) to the extent such rights are sublicensable or grantable (i) without Authorization; or (ii) without otherwise materially diminishing or limiting the rights of, or resulting in increased costs or expenses to, any SM Group Member (provided, however, that any cost or expense of sublicensing or granting such right that is reimbursed by Buyer shall not be considered in the determination of increased costs or expenses), as the case may be, a sublicense or other right to use any Governmental Approvals (other than Governmental Approvals granted by the FCC or any public utilities commission that are not antenna structure registrations under Part 17 of the FCC rules) not held exclusively with respect to, but held in part for the benefit of, the ownership or operation of such Tower (and of the related Sale Site if such Sale Site is an Owned Site); and (d) all Books and Records. Tower Related Assets does not include any intellectual property or intangible rights or any Excluded Assets.
Tower Related Assets means (a) the leases of rights to use spaces on the Tower Structures that are identified in Annex III hereto and located on Tower Sites (hereinafter defined) (the "Tower Leases") and security deposits (if any) from tenants under the Tower Leases, (b) the Site Leases, (c) all Contracts with respect to the management, operation, maintenance, servicing and construction of, and the provision of utility services to, the Tower Structures ("Tower Service Contracts"), (d) any existing leases (or licenses or other Contracts) of BAM or the Transferring Partnerships for equipment or other personal property which are Tower Structures ("Tower Equipment Leases"), (e) all prepaid items, unbilled costs and fees, and accounts, notes and other receivables under the Tower Service Contracts, Site Leases and Tower Equipment Leases as of the Closing Date ("Prepaid Expenses"), (f) all rights to any warranties held by BAM or the Transferring Partnerships with respect to the Tower Structures or Tower Related Assets to the extent such rights are assignable, including those assignable with consent to the extent such consents are received, or, to the extent not so received, all amounts received by BAM or the Transferring Partnerships with respect to claims made after the Closing Date with respect to such unassigned rights to any warranties, and (g) copies of, or extracts from, all current files and records of BAM or the Transferring Partnerships to the extent that such files or records contain information solely related to the design, construction, management, operation, maintenance, ownership, occupancy or leasing of the BAM Contributed Assets or the Identified Employees.
Tower Related Assets means, with respect to each Tower, (a) all rights to any warranties and guarantees held by Company or any Company Subsidiary or their Affiliates with respect to such Tower (or the related Site), (b) all rights under any approvals of Governmental Entities to the extent held with respect to the ownership or operation of such Tower (and of the related Site if such Site is an Owned Site) and (c) all plans, specifications, studies, drawings, essential books and records, and documents relating to the Sites that are in Company’s or any Company Subsidiary’s possession, together with all other tangible or intangible personal property owned by Company or any Company Subsidiary relating to the design, operation, maintenance or ownership of the Sites. “Tower Related Assets” does not include any Excluded Assets.
Tower Related Assets does not include any Excluded Assets.