Common use of Recharacterization Clause in Contracts

Recharacterization. Landlord and Tenant intend this Lease to be a true lease. However, if despite the parties’ intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s title to the Leased Property shall constitute a perfected first priority lien in Landlord’s favor on the Leased Property to secure the payment and performance of all the Obligor Group Obligations.

Recharacterization. Landlord and Tenant intend this Lease to be a true lease. However, if despite the parties’ ' intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s 's title to the Leased Property shall constitute a perfected first priority lien in Landlord’s 's favor on the Leased Property to secure the payment and performance of all the Obligor Group Obligationsobligations of Tenant to Landlord.

Recharacterization. Landlord and Tenant intend this Lease to be a true lease. However, if despite the parties’ ' intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s 's title to the Leased Property shall constitute a perfected first priority lien in Landlord’s 's favor on the Leased Property to secure the payment and performance of all the Obligor Group Obligations.

Recharacterization. Landlord and Tenant intend this Lease to be a true lease. However, if despite the parties’ intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s title to the Leased Property shall constitute a perfected first priority lien in Landlord’s favor on the Leased Property to secure the payment and performance of all the Obligor Group Secured Obligations.

Recharacterization. Landlord and Tenant intend this Lease to be a true ------------------- lease. However, if despite the parties’ ' intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s 's title to the Leased Property shall constitute a perfected first priority lien in Landlord’s 's favor on the Leased Property to secure the payment and performance of all the Obligor Group Obligationsobligations of Tenant hereunder.

Recharacterization. Landlord and Tenant intend this Lease to be a true lease. However, if despite the parties’ ' intent, it is determined or adjudged by a court for any reason that this Lease is not a true lease or if this Lease is recharacterized as a financing arrangement, then this Lease shall be considered a secured financing agreement and Landlord’s 's title to the Leased Property shall constitute a perfected first priority lien in Landlord’s 's favor on the Leased Property to secure the payment and performance of all the Obligor Group BCC Obligations.