Assignment by Leasehold Mortgagee Sample Clauses

Assignment by Leasehold Mortgagee. The written consent of Landlord shall not be required for any assignment of this Lease to a Leasehold Mortgagee or to any other entity or person who purchased the leasehold estate hereunder at any judicial or non-judicial foreclosure sale held pursuant to the terms of a Trust Deed or to a Leasehold Mortgagee, or an Affiliate thereof, who acquired the leasehold estate hereunder through a deed or assignment in lieu of foreclosure, provided that in any such event such other entity or person forthwith gives notice to Landlord in writing of any such assignment or transfer, setting forth the name and address of the transferee, the effective date of such assignment, and the express agreement of the transferee assuming and agreeing to perform all of the obligations under this Lease required of Tenant to be performed, except those covenants which, by their terms, cannot be performed by any person other than the original Tenant, together with a copy of the document by which such assignment was made. In the event a Leasehold Mortgagee, or an Affiliate thereof, acquired the leasehold estate hereunder through foreclosure or deed or assignment in lieu of foreclosure, such entity shall have the right to assign or transfer this Lease to any person or entity with the prior written consent of Landlord, which consent shall be based on Landlord’s exclusive determination that Landlord’s programmatic and financial interests in consenting to such assignment or transfer are not impaired. Without limitation, Landlord may withhold such consent to assignment if it determines in its sole and absolute discretion that the proposed assignee and its intended use of the Premises are not or would be inconsistent with the mission of the University. The liability of such Leasehold Mortgagee, or such Affiliate thereof, under this Lease will cease upon a Landlord approved assignment or transfer of this Lease (which assignment or transfer shall contain an express assumption by any transferee of all Lease obligations).
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Assignment by Leasehold Mortgagee. The term “Leasehold Mortgagee” as used in this Lease shall mean not only the original lender that loaned money to Tenant and is named as beneficiary, mortgagee, or security holder in the security instrument creating any Leasehold Mortgage, but also all subsequent purchasers or assignees of such security instrument.
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Assignment by Leasehold Mortgagee. If a Permitted Leasehold Mortgagee shall acquire title to Tenant’s interest in this Lease by foreclosure, assignment in lieu of foreclosure or otherwise, or obtain a new lease pursuant to Section 13.3, Permitted Leasehold Mortgagee may assign this lease or such new lease in accordance with the terms and conditions of Article X.
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Assignment by Leasehold Mortgagee. If the Leasehold Mortgagee acquires title to Tenant’s interest in this Lease, by foreclosure or assignment in lieu thereof or under a New Lease pursuant to this Section 36, such Leasehold Mortgagee may assign this Lease (or such New Lease, as applicable), and shall thereafter be released from all liability under this Lease (or such New Lease, as applicable), from and after the date of such assignment.
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Assignment by Leasehold Mortgagee. If a Leasehold Mortgagee shall acquire Lessee’s interest in this Lease as a result of a sale under said Leasehold Mortgage pursuant to a power of sale contained therein, pursuant to a judgment of foreclosure, through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure, bankruptcy or insolvency action, or in the event a Leasehold Mortgagee becomes Lessee under this Lease or any new Lease obtained pursuant to this Section 28.13.4, such Mortgagee’s right thereafter to assign or transfer this Lease or such new Lease shall be subject to the restrictions of Section 27 of this Lease. In the event Leasehold Mortgagee subsequently assigns or transfers its interest under this Lease after acquiring the same by foreclosure or deed in lieu of foreclosure or subsequently assigns or transfers its interest under any new lease obtained pursuant to Section 28.13.4 above, and in *** SAN FRANCISCO MARITIME NATIONAL HISTORICAL PARK *** **** PACIFIC WEST REGION — NATIONAL PARK SERVICE **** connection with any such assignment or transfer, Leasehold Mortgagee takes back a mortgage or deed of trust encumbering such leasehold interest to secure a portion of the purchase price given to Leasehold Mortgagee for such assignment of transfer, then such mortgage or deed of trust shall be considered a Leasehold Mortgage, and Leasehold Mortgagee shall be entitled to receive the benefit and enforce the provisions of this Section 28 and any other provisions of this Lease intended for the benefit of the holder of a Leasehold Mortgage.
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Assignment by Leasehold Mortgagee. Any party, including a Leasehold Mortgagee or the assignee of such Leasehold Mortgagee, that becomes the owner of or acquires any interest in this Lease pursuant to foreclosure and sale or by assignment in lieu of foreclosure, 38 45 may sell, assign, transfer or otherwise dispose of this Lease or its interest in this Lease without the consent of County. All rights and references herein to a Leasehold Mortgagee, shall be read to include the assignee of such Leasehold Mortgagee. Notice of any such assignment shall be given to County.
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Assignment by Leasehold Mortgagee. Any party, including a Leasehold Mortgagee or the assignee of such Leasehold Mortgagee, that becomes the owner of or acquires any interest in this Lease pursuant to foreclosure and sale or by assignment in lieu of foreclosure, may sell, assign, transfer or otherwise dispose of this Lease or its interest in this Lease without the consent of Lessor; provided, however, that for so long as the Prime Lease or the Ground Sublease is in effect, no such Leasehold Mortgagee or assignee shall occupy or sublease the Premises for any use other than a manufacturing and industrial use allowed by the Covenants
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Assignment by Leasehold Mortgagee. Any party, including a Leasehold Mortgagee or the assignee of such Leasehold Mortgagee, that becomes the owner of or acquires any interest in this Lease pursuant to foreclosure and sale or by assignment in lieu of foreclosure, may sell, assign, transfer or otherwise dispose of this Lease or its interest in this Lease without the consent of Lessor; provided, however, that for so long as the Prime Lease is in effect, no such Leasehold Mortgagee or assignee shall occupy or sublease the Premises for any use other than a manufacturing and industrial use allowed by the Covenants without the consent of Lessor and County, which consent shall not be unreasonably withheld, conditioned or delayed. All rights and references herein to a Leasehold Mortgagee, shall be read to include the assignee of such Leasehold Mortgagee. Notice of any such assignment shall be given to Lessor and County.
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Assignment by Leasehold Mortgagee. Notwithstanding any other provision of this Lease, if any Leasehold Mortgagee or other successor in interest shall acquire title to Lessee’s interest in this Lease by foreclosure or other sale pursuant to a Leasehold Mortgage thereon or by assignment in lieu of foreclosure or by an assignment from a designee or wholly owned subsidiary corporation of such Leasehold Mortgagee, or under a New Lease pursuant to this 0, such Leasehold Mortgagee may assign such lease and shall thereupon be released from all liability for the performance or observance of the covenants and conditions in such lease contained on the Lessee’s part to be performed and observed from and after the date of such assignment; provided that the assignee of such Leasehold Mortgagee shall have assumed such lease in accordance with 0; and, further provided that, if such Leasehold Mortgagee acquired its Leasehold Mortgage after completion of construction of the Improvements, then such assignor shall be released only as follows:‌ As a condition to such release, such assignor, at the time of such assignment, shall have complied with all the requirements described in Section 11.1.2 above; and Such release shall not include any claims or obligations which arose during the period of possession by such assignor.
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Related to Assignment by Leasehold Mortgagee

  • ASSIGNMENT BY LESSOR The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that:

  • Assignment by Lessee Lessee may transfer or assign its rights and obligations under this Agreement without the consent of Operator but shall deliver to Operator written notice of such transfer or assignment not less than ten (10) days prior to the effective date thereof; provided, however, in the event of the assignment of this Agreement to a party that is not an Affiliate, Operator shall have the right to terminate this Agreement within 15 days after receipt of written notice of such assignment, which termination will be effective within 30 days of Lessee’s receipt of such termination notice. Any transfer or assignment of this Agreement by Lessee shall include an express assumption by the transferee or assignee of Lessee’s obligations hereunder. Nothing herein shall be deemed to require Lessee to assign or attempt to assign this Agreement to any third party, including any buyer of a Hotel.

  • Assignment by Landlord Landlord shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder, in the Premises, and in such event and upon such transfer no further liability or obligation shall thereafter accrue against Landlord hereunder.

  • Assignment and Subletting by Tenant 7.1.1 Tenant shall not have the right to assign, transfer, mortgage or encumber this Lease in whole or in part, nor sublet the whole or any part of the Premises, nor allow the occupancy of all or any part of the Premises by another, without first obtaining Landlord’s consent, which consent may be granted or denied in accordance with this paragraph. In no event shall the determination of the amount of rent be expressed in whole or in part as a percentage of the income or profits derived by the subtenant from the space leased (other than an amount based on a fixed percentage or percentages of gross receipts or gross sales). Notwithstanding any permitted assignment or subletting, Tenant shall at all times remain directly, primarily and fully responsible and liable for the payment of all sums payable under this Lease and for compliance with all of its other obligations as tenant under this Lease. Landlord’s acceptance of Base Rent, Additional Rent or any other sum from any assignee, sublessee, transferee, mortgagee or encumbrance holder shall not be deemed to be Landlord’s approval of any such conveyance. Upon the occurrence of an Event of Default, if the Premises or any part of the Premises are then subject to an assignment or subletting, Landlord may, at its option, collect directly from such assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rents against any sums due to Landlord from Tenant under this Lease. No such collection shall be construed to constitute a novation or release of Tenant from the further performance of Tenant’s obligations under this Lease. Landlord’s right of direct collection shall be in addition to and not in limitation of any other rights and remedies provided for in this Lease or at law. Tenant makes an absolute assignment to Landlord of such assignments and subleases and any rent, Lease Security Deposits and other sums payable under such assignments and subleases as collateral to secure the performance of the obligations of Tenant under this Lease.

  • Assignment of Sublease Any approved sublease will be assigned to LESSOR as security. LESSEE will deliver the original counterpart of the sublease to LESSOR and make any filings necessary to protect LESSOR's security interest.

  • Assignment/Subletting Except as provided herein, Tenant shall not assign or in any manner transfer this Lease or any estate or interest hereunder and shall not sublease the Premises or any part thereof without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. As part of Tenant’s request for, and as a condition to, Landlord’s consent to such assignment or sublease, Tenant shall provide Landlord with financial statements for the proposed transferee and such other information as Landlord may reasonably request. Tenant shall not be entitled to receive monetary damages based upon a claim that Landlord unreasonably withheld its consent to a proposed transfer to a third party and Tenant’s sole remedy shall be an action to enforce any such provision through specific performance or declaratory judgment. Tenant shall reimburse Landlord for its actual reasonable costs and expenses incurred in connection with such assignment or sublease request. Notwithstanding anything in this Lease to the contrary, so long as Tenant is not in default under this Lease beyond applicable notice and cure periods, the consent of the Landlord need not be obtained if the assignment of the Lease is to a: (i) parent, subsidiary or affiliate of Tenant; (ii) company with which Tenant may merge or consolidate; (iii) corporation that acquires all or substantially all of the shares of stock or assets of Tenant; or (iv) to any corporation which is the successor corporation in the event of a corporate reorganization (a “Related Entity”); provided, however, that (i) such Related Entity does not use the Premises for any other use than the use permitted by this Lease, and (ii) with respect to an assignment to a Related Entity described in subsections (ii) and (iii), such Related Entity has a tangible net worth equal to or greater than $10,000,000.00. Landlord agrees that Tenant shall have the right, without Landlord’s consent, to sublease or license a portion of the Premises to a Related Entity described in subsection (i) above, provided that such Related Entity does not use the Premises for any other use than the use permitted by this Lease. Tenant shall give Landlord written notice at least ten (10) days prior to the effective date of the proposed transfer, along with all applicable documentation and other information necessary for Landlord to determine that the requirements of this Section 13 have been satisfied, including if applicable, the qualification of such proposed transferee as an affiliate of Tenant or a Related Entity.

  • Assignment of Lease 10.01. The Tenant may not assign the Lease or sublet all or any part of the Premises or otherwise grant possession of the Premises or any portion thereof to any other person without first obtaining the prior written consent of the Landlord, such consent not to be unreasonably withheld. In no event shall the Tenant be released or discharged from the full performance of this Lease and the payment of all rents and monies and the observance of all covenants, agreements, terms and conditions herein contained and any such consent granted by the Landlord shall not be deemed or implied as consent to any further or subsequent assignment or subletting. In the event this Lease is assigned or all or a portion of the Premises sublet, the Tenant shall pay all reasonable out-of-pocket expenses incurred by the Landlord in any such assignment or subletting, including the Landlord’s legal costs in connection therewith and a non-refundable amount of Five Hundred Dollars ($500.00) in advance to the Landlord, representing a reasonable cost to the Landlord for reviewing such application. Any transferee shall enter into an agreement directly with the Landlord covenanting to be bound by all of the Tenant’s obligations hereunder to the extent applicable to it. Notwithstanding the foregoing provisions of this Section 10.01 or anything else contained herein, so long as Tenant is not then in default under this Lease beyond any applicable curative period provided for in this Lease, Tenant shall have the right, without the consent of Landlord, but otherwise in accordance with the requirements of this Lease, including without limitation, the obligation of any transferee to enter into an agreement directly with the Landlord covenanting to be bound by all of the Tenant’s obligations hereunder to the extent applicable, to assign this Lease and/or sublease the whole or part of the Premises to:

  • Assignment by Owner 51 Section 12.11

  • Assignment; Sublease TRANSFER, LIEN Lessee shall not sublicense any part of the Premises, or assign, transfer or encumber in any manner this Lease Agreement or any right, privilege, license or interest conferred hereby. Paramount may assign or otherwise transfer this Lease Agreement or any portion hereof from time to time, and such transfer shall bind and inure to the benefit of its successors and assigns. It is agreed that Paramount is contracting the technical skills and expertise of the management and employees of Lessee and any significant change in ownership or management of Lessee shall require the consent of Paramount as if such change constituted an assignment of this Lease Agreement. Neither this Lease Agreement, nor any right, privilege, license or interest conferred hereby shall be transferable by operation of law, by reason of any bankruptcy, bankruptcy act, insolvency, receivership proceedings, attachment, execution, other judicial process or sale by or against Lessee, whether any of the same be voluntary or involuntary or judicial proceedings. Lessee shall not permit any lien to be imposed upon the Premises or upon any structures or improvements thereon. In the event a lien is imposed, Lessee shall cause it to be discharged promptly. Lessee shall indemnify Paramount for any loss, expense or cost incurred by it in connection with any such lien. Paramount retains the right to create, or permit mortgages, trust deeds, or other encumbrances to be imposed against and upon the Premises, any improvements thereon or interests therein, except against property owned by Lessee, which encumbrances, including principal, interest and costs and expenses in connection therewith, shall be prior to and superior to the interest of Lessee hereunder, and Lessee hereby agrees that this Lease Agreement is subject and subordinate to any such mortgage, trust deed or other encumbrance.

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