Common use of Avoidance of Encumbrances Clause in Contracts

Avoidance of Encumbrances. FOCAS shall not create or permit any lien or other encumbrance against the Right of Way, the Towers, the Substation Sites, the Cable, the Cable Accessories, the Connecting Points, the Regeneration Facilities, the System Electronics, the Commercial Fibers, any IRU (or comparable lease or other right), or the Gross Revenues. ELI shall not create or permit any lie▇ ▇r other encumbrance against the Right of Way, the Towers, the Substation Sites, or create or permit any lien or other encumbrance not existing as of the Effective Date affecting ELI's right, title or interest in and to the Cable, the Cable Accessories, the Connecting Points, the Regeneration Facilities, the System Electronics, the Commercial Fibers, any IRU (or comparable lease or other right), or the Gross Revenues. Such covenant by ELI shall not affect ELI's right to ma▇▇▇t over the System, or to sell, lease, assign or swap rights in and to the Commercial Fibers as provided in Section 10.1(b). The foregoing covenant shall not be breached by the creation of mechanic's, materialman's, or similar liens in the ordinary course of construction or installation, provided that such liens are satisfied, bonded, or otherwise provided for in due course by the party hereto which is responsible for the creation or imposition of such liens.

Avoidance of Encumbrances. FOCAS shall not create or permit any lien or other encumbrance against the Right of Way, the Towers, the Substation Sites, the Cable, the Cable Accessories, the Connecting Points, the Regeneration Facilities, the System Electronics, the Commercial Fibers, any IRU (or comparable lease or other right), or the Gross Revenues. ELI ▇▇▇ shall not create or permit any lie▇ ▇r lien or other encumbrance against the Right of Way, the Towers, the Substation Sites, or create or permit any lien or other encumbrance not existing as of the Effective Date affecting ELI's right, title or interest in and to the Cable, the Cable Accessories, the Connecting Points, the Regeneration Facilities, the System Electronics, the Commercial Fibers, any IRU (or comparable lease or other right), ) or the Gross Revenues. Such covenant by ELI ▇▇▇ shall not affect ELI's right to ma▇▇▇t market over the System, or to sell, lease, assign or swap rights in and to the Commercial Fibers as provided in Section 10.1(b). The foregoing covenant shall not be breached by the creation of mechanic's, materialman's, or similar liens in the ordinary course of construction or installation, provided that such liens are satisfied, bonded, or otherwise provided for in due course by the party hereto which is responsible for the creation or imposition of such liens.