Amendments to Leases. Borrower shall not, without the consent of Lender, amend, modify or waive the provisions of any Lease or terminate, reduce rents under, accept a surrender of space under, or shorten the term of, any Lease, sublease or sub-sublease (including any guaranty, letter of credit or other credit support with respect thereto) (the foregoing, collectively, a “Lease Modification”).
Amendments to Leases. Provided no Default exists hereunder, Borrower may, without the prior written consent of Lender (except if required pursuant to Section 4.10(d) hereof), amend, modify or waive the provisions of any Lease or terminate, reduce rents under, accept a surrender of space under, shorten the term of, consent to any assignment of, or consent to the subletting of any portion of the premises demised pursuant to any Lease (including any guaranty, letter of credit or other credit support with respect thereto) (any of the foregoing, a “Lease Modification”), provided that (i) such Lease Modification (taking into account, in the case of a termination, reduction in rent, surrender of space or shortening of term, the planned alternative use of the affected space) does not have a materially adverse effect on the value of the Property taken as a whole, (ii) such Lease Modification is in the normal course of business and is consistent with sound and customary leasing and management practices for similar properties in the community in which the Property is located, and (iii) such Lease, as amended, modified or waived, is otherwise in compliance with the requirements of this Agreement and any subordination agreement binding upon Lender with respect to such Lease. A termination of a Lease with a Tenant who is in default beyond applicable notice and grace periods shall not be considered an action which has a materially adverse effect on the value of the Property taken as a whole. Any Lease Modification which does not satisfy the requirements set forth in this Section 4.10(c) shall be subject to the prior approval of Lender and its counsel, at Borrower’s expense (and, in conjunction therewith, Borrower shall provide Lender with such information as Lender shall reasonably request with respect to such proposed Lease Modification and the Tenant under the Lease affected thereby). Promptly upon entering into any Lease Modification without Lender’s approval pursuant to this Section 4.10(c), Borrower shall deliver to Lender a copy of such instrument, together with Borrower’s certification that such instrument satisfies all of the conditions of this Section 4.10.
Amendments to Leases. All of the Hotel Leases included within the Companies' Assets shall be amended and restated by all of the parties thereto (simultaneously with the Closing) to be in substantially the form of Exhibit A to the Master Agreement.
Amendments to Leases. Contemporaneously with the execution and delivery of this Amendment, HPT TA Landlord and TA Operating shall enter into amendments of the Amended and Restated TA Leases in the forms attached hereto as Exhibit B-1 through Exhibit B-4 and HPT-PSC Landlord and TA Operating shall enter into an amendment of the Petro Lease in the form attached to this Amendment as Exhibit B-5 (collectively, the “Lease Amendments”), and TA LLC and TA Holding shall execute such Lease Amendments as provided therein.
Amendments to Leases. The Company shall have entered into amendments to the lease agreements with the respective lessors for each of the properties located in Rockland, Massachusetts; Cleveland, Ohio; and Little Elm, Texas; each of which shall be mutually acceptable to the Purchaser and the lessors of such properties.
Amendments to Leases. Seller shall have delivered to Purchaser or the Escrow Agent a fully executed Amendment to Duke University Leases at Xxxx Plaza I (in substantially the same form attached as Exhibit B to the Fourth Amendment) and a fully executed Amendment to Duke University Health System Leases at Xxxx Plaza I (in substantially the same form attached as Exhibit C to the Fourth Amendment). If, on or before the Closing Date, either (i) the condition in Section 18(a)(xi) is not satisfied due to failure to obtain either lender’s consent or (ii) the condition in Section 18(a)(xiii) is not satisfied, then Purchaser shall be entitled to terminate the Agreement subject to obligations which expressly survive the termination of this Agreement, in which case Purchaser, as its sole remedy notwithstanding anything else in the Agreement to the contrary, shall be entitled to the return of the Xxxxxxx Money Deposit.
4. Purchaser and Seller acknowledge and agree that the expense reconciliation in Section 15(f) of the Agreement applies not only to the Fiscal Year ending June 30, 2010, but also to previous Fiscal Years.
5. Notwithstanding the passage of the Due Diligence Expiration Date, on or before 5:00 p.m. on April 12, 2010, time being of the essence, Purchaser shall have the right to terminate the Agreement on written notice to Seller if, and only if, Purchaser is not satisfied, in its sole and absolute discretion, that the Building is in compliance with applicable zoning laws and regulations. In the event that Purchaser exercises its right of termination under this Section 6, the Agreement shall terminate and the Xxxxxxx Money Deposit shall be delivered to Purchaser and, thereupon, neither Party shall have any further rights or obligations to the other hereunder except for those obligations which expressly survive termination of the Agreement.
6. Attached hereto as Exhibit D is the form of Fund Guaranty agreed upon by the Parties.
7. Except as modified by this Fourth Amendment, the Agreement remains in full force and effect and is hereby ratified and confirmed by Seller and Purchaser.
8. This Fourth Amendment may be executed in any number of identical counterparts, any or all of which may contain the signatures of less than all of the Parties, and all of which shall be construed together as a single instrument. The Parties executing this Fourth Amendment may sign separate signature pages and it shall not be necessary for all Parties to sign all signature pages, but rather the signatur...
Amendments to Leases. Effective from and after the date hereof, each Lease is hereby amended as follows:
(a) The term "Lessor" shall mean Assignee.
Amendments to Leases. Xxxxxxx X. Xxxxxxxx shall, so long as he is an employee of or consultant to Xxxxx or any of its Affiliates, use his best efforts to obtain from any Landlord any amendment to any Lease (the "Amendments") reasonably requested by the Purchasers or the Purchasers' lender (including, without limitation, Amendments to reflect (i) the Companies' good and marketable title in fee simple absolute to the Improvements located at each Leased Real Property (free and clear of any Lien, except Permitted Liens), and (ii) the Companies' unrestricted right to remove, dispose of or otherwise deal with all such Improvements upon any expiration or termination of the Leases).
Amendments to Leases. CROET covenants and agrees that it shall not ---------------------- consent not to be unreasonably withheld (i) the Equipment Lease, or (ii) the Land Lease as it affects the Premises or the use, enjoyment and operation thereof.
Amendments to Leases. As of the Effective Time of the Mariner-Paragon -------------------- Merger, amendments to the Leases between Mariner-Nashville and Denver Medical Investors, Ltd. (L.P.), Port Charlotte Healthcare Associates, Ltd. (L.P.) and Belleair East Medical Investors, Ltd. (L.P.) in the forms attached hereto as Exhibits 1, 2 and 3, which have been executed contemporaneously herewith, shall become effective (the "Lease Amendments"). Mariner, as guarantor of Lessee's obligations under such Leases, hereby consents to such amendments. Mariner- Nashville and each of the Lessors mentioned above shall enter into and record an amendment to the Memorandum of Lease, Right of First Refusal, and Option to Purchase which is currently recorded in the public records with respect to each affected Facility to reflect the changes effected by the Lease Amendments. Each Lease Amendment shall be subject to the approval of the holder of any mortgage encumbering the affected Facility, if such approval is required by the mortgage or related documents.
