Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents, or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b) the provisions of the Mortgage, Note, or Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Mortgagee upon receipt of a notice as set forth in paragraph 5(d) above from Mortgagee and that Tenant is not obligated to inquire as to whether a default actually exists under the Mortgage, Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's payment to Mortgagee in accordance with this Agreement. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.
Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and mortgagor or grantor under the Mortgage, acknowledges and agrees for itself and its successors and assigns, that:
a. This Agreement does not:
(i) constitute a waiver by Mortgagee of any of its rights under the Mortgage; and/or
(ii) in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage;
b. The provisions of the Mortgage remain in full force and effect and must be complied with by Landlord; and
c. In the event of a default under the Mortgage, Tenant may pay all rent and all other sums due under the Lease to Mortgagee as provided in this Agreement.
Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and trustor under the Deed of Trust, acknowledges and agrees for itself and its heirs, representatives, successors and assigns, that: (a) this Agreement does not constitute a waiver by Administrative Agent of any of its rights under the Deed of Trust, Note or Security Documents, nor does this Agreement in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Deed of Trust, Note and Security Documents; (b) the provisions of the Deed of Trust, Note and Security Documents remain in full force and effect and must be complied with by Landlord; and (c) Tenant is hereby authorized to pay its rent and all other sums due under the Lease directly to Administrative Agent upon receipt of a notice as set forth in Section 5(d) above from Administrative Agent and that Tenant is not obligated to inquire as to whether a default actually exists under the Deed of Trust or the Security Documents or otherwise in connection with the Note. Landlord hereby releases and discharges Tenant of and from any liability to Landlord resulting from Tenant's payment to Administrative Agent in accordance with this Agreement. Landlord represents and warrants to Administrative Agent that a true and complete copy of the Lease has been delivered by Landlord to Administrative Agent.
Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and mortgagor or grantor under the Mortgage, acknowledges and agrees for itself and its successors and assigns, that: SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT — PAGE 3 PLAINSCAPITAL BANK – LANTANA RIDGE JV LLC
(a) This Agreement does not (i) constitute a waiver by Lender of any of its rights under the Mortgage; and or (ii) in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage;
(b) The provisions of the Mortgage remain in full force and effect and must be complied with by Landlord; and
(c) In the event of a default under the Mortgage, Tenant may pay all rent and all other sums due under the Lease to Lender as provided in this Agreement.
Acknowledgment and Agreement by Landlord. Landlord acknowledges and agrees that:
(a) This Agreement shall constitute written consent of the Landlord to the encumbrance of the Lease to Collateral Agent and Lenders under the Deed of Trust and Security Agreement and the subsequent assignment of the Lease to any successor-in-interest to Trustee, Collateral Agent or purchaser at the foreclosure sale and shall constitute a waiver of (i) all restrictions to such encumbrance and assignment in the Lease, including notice requirements, - 2 - 276 and (ii) events of default created by such encumbrance and assignment under the terms of the Lease.
(b) From and after the date hereof, in the event of any act or omission by Lessee which would give Landlord the right, either immediately or after the lapse of time or the giving of notice, to terminate the Lease or to claim a partial or total eviction, Landlord will not exercise any such right;
(i) Until it has given written notice of such act or omission to Collateral Agent; and
(ii) Until the longer of (A) thirty days, or (B) the same period of time as is given to Lessee under the Lease to cure such act or omission, shall have elapsed following receipt of such notice by Collateral Agent and following the time when Collateral Agent or Trustee shall have become entitled under the Deed of Trust or the Security Agreement to remedy such act or omission;
(c) From and after the date hereof, Landlord will not materially modify or amend the Lease without the prior written consent of Collateral Agent, which consent will not be unreasonably withheld, and, in the event of any material modification or amendment of the Lease without the prior written consent of Collateral Agent, such modification or amendment shall be voidable at any time at the option of Collateral Agent, in its sole discretion;
(d) It has notice that the Lease and all sums, if any, due to Lessee thereunder have been assigned or are to be assigned to Collateral Agent as security for the obligations secured by the Deed of Trust and the Security Agreement. In the event that Collateral Agent notifies Landlord of a default under the Deed of Trust or the Security Agreement and demands that Landlord pay all sums due Lessee under the Lease (if any) to Collateral Agent, Landlord shall honor such demand and pay all sums due Lessee under the Lease (if any) directly to Collateral Agent or as otherwise required pursuant to such notice;
(e) It shall use its reasonable efforts to send a copy of any notice or statement under ...
Acknowledgment and Agreement by Landlord. Lxxxxxxx, as landlord under the Lease and mortgagor under the Security Instrument, acknowledges and agrees for itself and its heirs, successors and assigns, that:
(a) This agreement does not: (i) constitute a waiver by Lender of any of its rights under the Security Instrument or other Loan Documents and/or (ii) in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Security Instrument or other Loan Documents.
(b) The provisions of the Security Instrument and other Loan Documents remain in full force and effect and must be complied with by Landlord.
(c) In the event Lender notifies Tenant of the occurrence of any default under the Security Instrument or other Loan Documents and demands that Tenant pay its rent and all other sums due under the Lease directly to Lender, Landlord acknowledges and agrees that Tenant shall have the right and obligation to pay all such rent and other sums due under the Lease directly to Lender or as otherwise authorized in writing by Lxxxxx.
(d) Other than as explicitly permitted by the Loan Documents, Landlord shall not agree to any amendment or modification of the Lease without Lxxxxx’s prior written consent, which consent may be given or withheld at Lender’s reasonable discretion. {3925-00031/01363433;7} EXHIBIT F-7- SHORES CENTERSoleno Therapeutics, Inc.
Acknowledgment and Agreement by Landlord. Landlord as landlord under the Lease acknowledges and agrees for itself and its heirs, successors, and assigns that in the event Beneficiary requires that Tenant pay its rent to the Beneficiary pursuant to this Agreement, Tenant shall be authorized to do so without investigating the propriety of the demand and shall in no event be liable to Landlord for any rent it pays to the Beneficiary pursuant to such demand.
Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease, acknowledges and agrees for itself and its heirs, representatives, successors and assigns: (i) that this Agreement does not constitute a waiver by Lender of any of its respective rights under the Loan Agreement, Mortgages, Notes or other Loan Documents (as defined in the Loan Agreement), or in any way release Borrower from their obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Loan Agreement, Mortgages, Notes or other Loan Documents and (ii) that Tenant is hereby authorized and directed to pay its rent and all other sums due under the Lease directly to an account designated by Lender to the extent directed by Lender as set forth in Section 5(c). Landlord hereby releases and discharges Tenant from any liability to Landlord resulting from Tenant’s payments to Lender in accordance with this Agreement.
Acknowledgment and Agreement by Landlord. Landlord, as Landlord -------------------------------------------- under the Lease and Trustor under the Deed of Trust, acknowledges and agrees for itself and its heirs, successors and assigns, that:
(a) This Agreement does not:
(i) constitute a waiver by Lender of any of its rights under the Deed of Trust; and/or
(ii) in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants agreements and clauses of the Deed of Trust;
(b) The provisions of the Deed of Trust remain in full force and effect and must be complied with by Landlord;
(c) In the event of a default under the Deed of Trust, Tenant shall pay all rent and all other sums due under the Lease to Lender as provided in the Assignment and this Agreement; and
(d) Lender has no obligations nor shall incur any liability with respect to any warranties of any nature whatsoever, whether pursuant to the Lease or otherwise, including, but not limited to, any warranties respecting use, compliance with zoning, Landlord's title, Landlord's authority, habitability, fitness for purpose or possession.
Acknowledgment and Agreement by Landlord. Landlord, as landlord under the Lease and grantor under the Mortgage, acknowledges and agrees for itself and its successors and assigns, that: (a) this Agreement does not constitute a waiver by Mortgagee of any of its rights under the Mortgage, Note, or Security Documents or in any way release Landlord from its obligations to comply with the terms, provisions, conditions, covenants, agreements and clauses of the Mortgage, Note, or Security Documents; (b)the provisions of the Mortgage, Note, and Security Documents remain in full force and effect and must be complied with by Landlord; and (c) in the event of a default under the Mortgage, Note, or Security Documents Tenant may pay all rent and all other sums due under the Lease to Mortgagee as provided in the Mortgage, Note, and Security Documents or any separate assignment. Landlord represents and warrants to Mortgagee that a true and complete copy of the Lease has been delivered by Landlord to Mortgagee.
