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HomeMy WebLinkAbout2341 1 z : f . ~ . ~ . i 3 i ~ i i the Lease, (iv) liens being contested in good faith and ` by appropriate proceedings in the manner permitted by Article XV of the Lease, and (v) liens arising out of or created by any statute, the discharge of which can- not under the terms of such statute at the particular time be effected by the Company; provided, however, that any such statutory liens will promptly be discharged as and when such discharge is possible or permissible. ~ (d) Alterations, Re~lacements, etc. I?iake, or permit Lessee to make, alterations, additions and replace- ments (collectively, "Alterations") to the Improvements or Fixtures or any part thereof except in accordance with Article IX of the Lease. Any Alterations shall immediately become subject to the security interest of this Indenture ~ and the applicable Individual Mortgage and shall become ; part of the Improvements or Fixtures, as the case may be. ; f However, all materials which are scrapped or removed from ; ; the Properties in connection with the Alterations permitted ~ = hereby or the repairs required by Section 5(b) shall be 4 deemed released fror~ the security interest of this Inden- 5 ture and the applicable Individual 1?Sortgage and may be E F. dealt with by the Company or Lessee in accordance with ~ the applicable provisions of the Lease. ~ ~ (e) Merger or Consolidation, Conveyance of ~ Properties, etc. Merge or consolidate with any other ~ corporation other than into or•with Lessee), or sell, ~ lease, transfer or otherwise dispose of, including a ~ voluntary conveyance as a result or in lieu or in anti- ; ~ cipation of the exercise of the right of condemnation } ~ or eminent domain, all or any part of the Properties, ~ ~ ~ except as contemplated by the Company Documents. ~ ~ ~ ~ ~ (f) Purchases and Leases . Purchase or agree ~ w~: to purchase or lease any~'real or personal property, other than as contemplated by the Company Documents. - (g) Restrictions on Business. Engage in any ~ business or other undertaking other than the business of _ acquiring, oc,~ning, holding, leasing and mortgaging the t Properties and the Other Properties and financing the ~ cost thereof, all as contemplated by the Company Docu- ments . rr - 16 :;'-.-X ~:.;y ' yr." i - ~ ~IiUF~ ~R~~ - S~= . s ~ ~~~Y - . _ . . . - _ . _ - " _ _ . . . ~ _.l - - . . - - - ~ - . . . . . . ~ _ . _ . c.