Mortgage Right. Upon Xxxxxx’s prior written consent, which consent will not be unreasonably conditioned, withheld or delayed, with Lessor using best efforts to respond to such consent request review within ten (10) business days, and provided Lessee is not in default under the Lease, Lessee may encumber or hypothecate its interest in the leasehold estate created by this Lease by one or more mortgage, deed of trust, collateral assignment, or security agreement in this Lease or the Wind Energy Facilities to a Lender, as defined below, or related to an approved assignment of Lessee’s interest in this Lease together with an assignment of Xxxxxx’s interest in any Wind Energy Facilities (individually and collectively “Leasehold Mortgage” or “Mortgage”), and in connection with any secured or unsecured financing or tax equity investment with any financial institution, person, or other entity that, from time to time, provides secured financing or tax equity for, or otherwise encumbers all, or part, of Xxxxxx’s interest in this Lease, the Wind Energy Facilities, or the Project, collectively, with any security or collateral agent, indenture trustee, loan trustee or participating or syndicated lender involved in whole or in part in such financing, and their respective representatives, successors, or assigns (individually and collectively "Lender" or “Mortgagee”).
