Common use of Liens and Tenants Clause in Contracts

Liens and Tenants. Lessor represents that Lessor has good and valid title to the Xxxxxxx/Xxxxx/Xxxxxxx Assets, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts, or omissions to act, of Lessor by, through or under Lessor to Lessor’s right, title or interest in the Xxxxxxx/Xxxxx/Xxxxxxx Assets other than any such of the foregoing that does not materially impair the Lessee’s use of the Xxxxxxx/Xxxxx/Xxxxxxx Assets, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the Xxxxxxx/Xxxxx/Xxxxxxx Assets that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no Liens encumbering all or any portion of the Xxxxxxx/Xxxxx/Xxxxxxx Assets. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in efforts to obtain a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the Xxxxxxx/Xxxxx/Xxxxxxx Assets or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the Xxxxxxx/Xxxxx/Xxxxxxx Assets (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.

Liens and Tenants. Lessor represents that Lessor has good and valid title to the Xxxxxxx/Xxxxx/Xxxxxxx Assets, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts, acts or omissions to act, act of Lessor by, through or under Lessor to Lessor’s right, title or interest in the Xxxxxxx/Xxxxx/Xxxxxxx Assets other than any such of the foregoing that does not materially impair the Lessee’s use of the Xxxxxxx/Xxxxx/Xxxxxxx Assets, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the Xxxxxxx/Xxxxx/Xxxxxxx Assets that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no Liens mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the Xxxxxxx/Xxxxx/Xxxxxxx Assets. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in efforts to obtain obtaining a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the Xxxxxxx/Xxxxx/Xxxxxxx Assets or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the Xxxxxxx/Xxxxx/Xxxxxxx Assets (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.

Liens and Tenants. Lessor represents that Lessor has good and valid title to the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts, acts or omissions to act, act of Lessor by, through or under Lessor to Lessor’s right, title or interest in the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets other than any such of the foregoing that does not materially impair the Lessee’s use of the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no Liens mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in efforts to obtain obtaining a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the Xxxxxxx/Xxxxx/Xxxxxxx ERCOT Transmission Assets (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.. ERCOT TRANSMISSION ASSETS LEASE AGREEMENT

Liens and Tenants. Lessor represents that Lessor has good and valid title to the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets, there are no unrecorded liens, encumbrances, leases, mortgages, deeds of trust (except as disclosed to Lessee in writing or as arise by operation of law), or other exceptions (collectively, “Liens”) arising as a result of any acts, acts or omissions to act, act of Lessor by, through or under Lessor to Lessor’s right, title or interest in the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets other than any such of the foregoing that does not materially impair the Lessee’s use of the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets, and, to Lessor’s knowledge, there exist no rights or interests of any third party relating to the Xxxxxxx/Xxxxx/Xxxxxxx CREZ ASSETS LEASE AGREEMENT CREZ Assets that are not contemplated herein. Except for Permitted Liens or as may be disclosed in the applicable real property records in the State of Texas, or as disclosed by Lessor in writing to Lessee, Lessor represents that there are no Liens mortgages, deeds of trust, or similar liens or security interests encumbering all or any portion of the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets. Lessor shall fully cooperate and assist Lessee, at no out-of-pocket expense to Lessor, in efforts to obtain obtaining a subordination and non-disturbance agreement from each party that holds a Lien that might reasonably be expected to interfere in any material respect with Lessee’s rights under this Agreement. Notwithstanding the foregoing, Lessor and its affiliates shall have the right to incur Permitted Liens encumbering the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets or any component thereof solely for the benefit of Lessor in connection with any existing or future financing or refinancing pursuant to which the Xxxxxxx/Xxxxx/Xxxxxxx CREZ Assets (or any component thereof) is pledged as collateral and Lessee agrees to enter into such acknowledgments and agreements in respect thereof with the lenders, or a trustee or agent for the lenders as the Lessor may reasonably request.