Common use of Amendments Requested by Leasehold Mortgagee Clause in Contracts

Amendments Requested by Leasehold Mortgagee. If, in connection with obtaining any financing or refinancing or any increases, restatements, renewals, supplements, modifications, consolidations, replacements, substitutions or extensions thereof, a prospective or existing Leasehold Mortgagee and/or holder of an interest in any loan secured by a Leasehold Mortgage, as the case may be, shall request amendments to or modifications of this Lease as a condition to the same, Tenant shall promptly execute such amendments or modifications upon demand as long as (i) the modifications do not affect the Rent or the Term or the Letter of Credit and (ii) such amendments or modifications do not otherwise materially increase Tenant’s obligations or materially diminish Tenant’s rights hereunder. In addition, Tenant shall deliver any financial statements or other information requested by Landlord (or any prospective or existing lender) in order to obtain such financing or refinancing, provided that Tenant shall not be required to disclose any non-public information relating to Tenant. Furthermore, Tenant shall cause counsel reasonably acceptable to a prospective Leasehold Mortgagee to deliver legal opinions reasonably required by such prospective Leasehold Mortgagee relating to the due authorization, execution and delivery of this Lease and any amendments thereto, the validity and enforceability of such agreements, and other customary matters. Landlord agrees to pay reasonable out-of-pocket costs and expenses of Tenant, including reasonable attorneys’ fees and expenses, in excess of $15,000 incurred solely in connection with amendments to or modifications of this Lease, or the delivery of legal opinions, requested by Leasehold Mortgagee, and Tenant shall be responsible for the balance of such costs and expenses.

Amendments Requested by Leasehold Mortgagee. If, in connection with obtaining any financing or refinancing or any increases, restatements, renewals, supplements, modifications, consolidations, replacements, substitutions or extensions thereof, a prospective or existing Leasehold Mortgagee and/or holder of an interest in any loan secured by a Leasehold Mortgage, as the case may be, shall request amendments to or modifications of this Lease as a condition to the same, Tenant shall promptly execute such amendments or modifications upon demand as long as (i) the modifications do not affect the Rent or the Term or the Letter of Credit and (ii) such amendments or modifications do not otherwise materially increase Tenant’s obligations or materially diminish Tenant’s rights hereunder. In addition, Tenant shall deliver any financial statements or other information requested by Landlord (or any prospective or existing lender) in order to obtain such financing or refinancing, provided that Tenant shall not be required to disclose any non-public information relating to Tenant. Furthermore, Tenant Tenant, at Tenant’s expense, shall cause counsel reasonably acceptable to a prospective Leasehold Mortgagee to deliver legal opinions reasonably required by such prospective Leasehold Mortgagee relating to the due authorization, execution and delivery of this Lease and any amendments thereto, the validity and enforceability of such agreements, and other customary matters. Landlord agrees to pay reasonable out-of-pocket costs and expenses of Tenant, including reasonable attorneys’ fees and expenses, in excess of $15,000 incurred solely in connection with amendments to or modifications of this Lease, or the delivery of legal opinions, requested by Leasehold Mortgagee, and Tenant shall be responsible for the balance of such costs and expenses.