1999 036 Ordinance - Laserfiche WebLink

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or beneficiary of a mortgage, pledge or collateral assignment by TowerCo of TowerCo's interest hereunder and has assets at the time of the execution of the Permitted Subleasehold Mortgage of not less than $2 billion, and is: (i) a national bank; (ii) a commercial, national or state savings bank or trust company; (iii) an investment or merchant bank; (iv) a foreign bank qualified to do business in one or more of the states in which the Sites are located and authorized to make loans in the United States; (v) a charitable foundation; (vi) a real estate investment fund; (vii) an insurance company; (viii) a credit company; (ix) a pension or retirement fund or a fund which, in tum, is funded substantially by a pension or retirement fund; (x) a real estate investment trust; (xi) a venture capital firm; (xii) a mortgage banking house; (xiii) an international bank or investment company; or (xiv) any other institutional lender performing lending functions similar to any of the foregoing. Notwithstanding the foregoing, in no event shall a Permitted Subleasehold Mortgagee be an AirTouch Competitor.- "Permitted Use" means (i) use of the Subleased Property of each Site for the purposes of (a) constructing, installing, operating, managing, maintaining and marketing the Tower and Improvements thereof and making further Improvements to such Site, and (b) for fiuther use by Space Subtenants (including AirTouch or any Sublessor with respect to any Available Space in accordance with the provisions of this Agreement), and (ii) the right to use by Space Subtenants of any portions of the Land, Tower and.Improvements of each Site as are reasonably necessary for operation of the Communications Facilities of such Space Subtenants. "Person" means any natural person, any corporation, firm, association, unincorporated organization, partnership, trust, estate, limited liability company or other entity, or any Governmental Authority. "Proceeds" means all in~r~n_ce monies recovered or recoverable by TowerCo or AirTouch or any other Sublessor as compensation for casualty damage to any Site (including the Tower and Improvements thereof). "Put Notice" means a notice given by any Sublessor pursuant to Section 9 exercising the Put Right. "Put Right" means the right of any Sublessor to elect to vacate and terminate its interest in the Reserv Space with respect to a Site and add such Reserved S ace to the Subleased Properly of such Site as escribed in and lunrte y ectlon 9. "Reserved Space" means, as to each Site: (i) any portion of the Land and Improvements of such Site used by any Sublessor or any of its Affiliates, designated and shown by the Sublessor thereof as such Sublessor's area on a site plan attached to the applicable Site Designation Supplement, as such site plan may be amended from time to time pursuant to this Agreement, as reserved for exclusive use and occupancy by such Sublessor or any of its Affiliates, including without limitation, MTSO's and other switches, such Sublessor's or its Affiliate's Improvements located on the Land, and associated loading docks, patios, offices, and non-exclusive use of parking spaces; (ii) the gmater of the Tower space on the Tower of such Site as of the applicable Site Commencement Date and twelve (12) panel antenna array and twelve (12) transmission lines, designated and shown by such Sublessor as such Sublessor's area in Schedule No. 3 (the "Reserved Space Supplement") to the applicable Site Designation Supplement, as such Site Designation Supplement may be amended from time to time pursuant to this Agreement, as reserved for exclusive use and occupancy of such Site by such Sublessor or any of its Affiliates, including without limitation any antennas (depicting any antenna arrays and, if masonably available, setting forth their model numbers), transmission lines, amplifiers and filters located on the Tower, and (iii) any and all rights pursuant to Section 5(b) and 25 and all appurtenant rights reasonably inferable to permit such Sublessor's full use and enjoyment of the Reserved Space, including without limitation, the appurtenances specifically described in Section 5.