Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 hereof following the occurrence and continuance of an Event of Default, as defined in Section 12.1 hereof, the Company shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII hereof, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Company, cooperate with the Company in order that the Company may have quiet and peaceable possession and enjoyment of the Project and will defend the Company’s enjoyment and possession thereof against all parties.
Possession and Use of the Project. (a) The Issuer covenants and agrees that, as long as no Event of Default under this Lease Agreement shall have occurred, the Corporation shall have sole and exclusive possession of the Project (subject to the Issuer’s right of access pursuant to Section 6.13 hereof) and shall and may peaceably and quietly have, hold, and enjoy the Project during the term of this Lease Agreement. The Issuer covenants and agrees that it will not take any action, other than pursuant to Article VII of this Lease Agreement, to prevent the Corporation from having quiet and peaceable possession and enjoyment of the Project during the term of this Lease Agreement and will, at the request and expense of the Corporation, defend the Corporation’s enjoyment and possession thereof against all parties, subject to the provisions of the Base Lease Agreement and the Foundation Lease.
Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 following the occurrence and continuance of an Event of Default, as defined in Section 12.1, the Developer shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section 10.3) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than expressly pursuant to Article XII, the Indenture, the Base Lease and the Development and Performance Agreement to prevent the Developer from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Developer, cooperate with the Developer to defend the Developer’s quiet and peaceable possession and enjoyment of the Project.
Possession and Use of the Project. The Issuer acknowledges that as between the Issuer and the Borrower the Borrower shall be the sole legal owner of the Project, and shall be entitled to sole and exclusive possession of the Project.
Possession and Use of the Project. (a) The Issuer covenants and agrees that as long as neither the Issuer nor the Trustee has exercised any of the remedies set forth in Section 12.2(c) following the occurrence and continuance of an Event of Default, the Tenant shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the Issuer’s and the Trustee’s right of access pursuant to Section 10.3 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Xxxxx Xxxx. The Issuer covenants and agrees that it will not take any action, other than expressly pursuant to Article XII of this Lease, to prevent the Tenant from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Tenant, cooperate with the Tenant in order that the Tenant may have quiet and peaceable possession and enjoyment of the Project and will defend the Tenant’s enjoyment and possession thereof against all parties.
Possession and Use of the Project. The City covenants and agrees that as long as the Corporation shall not be in default hereunder, the Corporation shall have sole and exclusive possession of the Project (subject to the City’s and the Lender’s right of access pursuant to Section [9.2] hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than pursuant to Article [XII] hereof, to prevent the Corporation from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Corporation, cooperate with the Corporation in order that the Corporation may have quiet and peaceable possession and enjoyment of the Project and will defend the Corporation enjoyment and possession thereof against all parties.
Possession and Use of the Project. (a) The City covenants and agrees that as long as the Lessee shall not be in default under this Lease, the Lessee shall have sole and exclusive possession of the Project (subject to the City’s and the Trustee’s right of access pursuant to Section 9.03 hereof) and shall and may peaceably and quietly have, hold and enjoy the Project during the Lease Term. The City covenants and agrees that it will not take any action, other than pursuant to Article XII of this Lease, to prevent the Lessee from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request and expense of the Lessee, defend the Lessee’s enjoyment and possession thereof against all parties.
Possession and Use of the Project. The Project shall be used in a manner consistent with the Agency Agreement and, after the Completion Date, as a petroleum coke gasifier, an ammonia synthesis loop and a urea ammonium nitrate plant. Lessee shall pay, or cause to be paid, all charges and costs required in connection with the use of the Project. Lessee shall not commit or permit any waste of the Project or any part thereof.
Possession and Use of the Project. (a) The City covenants and agrees that as long as neither the City nor the Trustee has exercised any of the remedies set forth in Section 12.2 following the occurrence and continuance of an Event of Default, as defined in Section 12.1, the Developer shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and the City’s and the Trustee’s right of access pursuant to Section
Possession and Use of the Project. (a) WCIC covenants and agrees that as long as WCIC has not exercised any of the remedies set forth in Section 11.2 of this Sublease following the occurrence and continuance of an Event of Default, as defined in Section 11.1 of this Sublease, Valent shall have sole and exclusive possession of the Project (subject to Permitted Encumbrances and subject to the City’s and the Trustee’s right of access pursuant to Section 10.3 of the Lease) and shall and may peaceably and quietly have, hold and enjoy the Project during the Sublease Term. WCIC covenants and agrees that it will not take any action to prevent Valent from having quiet and peaceable possession and enjoyment of the Project during the Sublease Term and will, at the request and expense of Valent, cooperate with Valent in order that Valent may have quiet and peaceable possession and enjoyment of the Project and will defend Valent’s enjoyment and possession thereof against all parties.
