ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises. (b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor. (c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 4 contracts
Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.), Lease Agreement (Ameresco, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder Holder of a mortgage Mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder Holder of such mortgage Mortgage shall never be treated as an assumption by such holder Holder of any of the obligations of Landlord hereunder unless such holder Holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder Holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s mortgage Holder's Mortgage and the taking of possession of the Premises.
(ba) In no event shall the acquisition of Landlord’s 's interest in the Property Premises by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property Premises back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor. Landlord shall, however, make reasonable efforts to cause such purchaser-lessor to execute an SNDA with Tenant substantially in the form of EXHIBIT C hereto, and upon any such execution Landlord shall deliver such executed SNDA to Tenant.
(cb) Except as provided in paragraph subsection (ba) of this Sectionabove, in the event of any transfer of title to the Property Premises by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder which accrue after the date of such transfer.
Appears in 3 contracts
Samples: Lease Amendment (Brooks Automation Inc), Lease Amendment (Brooks Automation Inc), Lease Amendment (Pri Automation Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 2 contracts
Samples: Lease (PSW Technologies Inc), Lease (Telehublink Corp)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by LandlordXxxxxxxx, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property Building or the Park by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property Building or the Park (as the case may be) back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until LandlordXxxxxxxx’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property Building by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 2 contracts
Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder which accrue after the date of such transfer (and, to the extent assumed by any transferee in writing, covenants and obligations hereunder which have accrued prior to the date of such transfer), and such transferee shall be deemed to have assumed all prospective covenants and obligations hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property Premises by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property Premises back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property Premises by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations thereafter accruing hereunder, but not of liability theretofore accruing.
Appears in 2 contracts
Samples: Lease (Converted Organics Inc.), Lease (Converted Organics Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord Sublandlord of LandlordSublandlord’s interest in this LeaseSublease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Subleased Premises, Tenant Subtenant agrees that the execution thereof by LandlordSublandlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord Sublandlord hereunder unless such holder shall, by notice sent to TenantSubtenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed LandlordSublandlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Subleased Premises.
(b) In no event shall the acquisition of LandlordSublandlord’s interest in the Property Building or the Park by a purchaser which, simultaneously therewith, leases LandlordSublandlord’s entire interest in the Property Building or the Park (as the case may be) back to the seller thereof be treated as an assumption by operation of law or otherwise, of LandlordSublandlord’s obligations hereunder, but Tenant Subtenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of LandlordSublandlord’s obligations hereunder. In any such event, this Lease Sublease shall be subject and subordinate to the lease Sublease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord Sublandlord hereunder unless and until LandlordSublandlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property Building by LandlordSublandlord, Landlord Sublandlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 2 contracts
Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 2 contracts
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) . In no event shall the acquisition of Landlord’s interest in title to the Property by a purchaser which, simultaneously therewith, leases Landlord’s the entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-/lessee, and its successors from time to time in title, for performance of Landlord’s obligations 's obligation hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser, provided that such purchaser recognizes the rights of the Tenant under this Lease. For all purposes, such seller-/lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-/lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, . Initials: Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.; Initials Tenant:
Appears in 2 contracts
Samples: Lease Agreement (La Rosa Holdings Corp.), Lease Agreement (La Rosa Holdings Corp.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaserpurchaser provided that Tenant’s rights under this Lease are not disturbed. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder provided such transferee assumes all of Landlord’s obligations hereunder in writing.
Appears in 2 contracts
Samples: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage Superior Mortgagee on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage Superior Mortgagee shall never be treated as an assumption by such holder the Superior Mortgagee of any of the obligations of Landlord hereunder unless such holder the Superior Mortgagee shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder the Superior Mortgagee shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage the Superior Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-seller- lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor. In the event of a sale or leaseback, the purchaser shall provide to Tenant a non-disturbance and attornment agreement whereby such purchaser agrees to recognize the Lease (and Tenant agrees to attorn in such event) in the event that the seller/lessee defaults.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder arising after the date of such transfer.
Appears in 1 contract
Samples: Lease Agreement (Standish Care Co)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder Holder of a mortgage Mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder Holder of such mortgage Mortgage shall never be treated as an assumption by such holder Holder of any of the obligations of Landlord hereunder unless such holder Holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder Holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holderHolder’s mortgage Mortgage and the taking of possession of the Premises.
(b) In no the event shall of the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwiseseller, of Landlord’s obligations hereunder, but the Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. Tenant shall execute any and all documents necessary to memorialize such subordination. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder from the date of transfer.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Assignment and Assumption (Rhythm Holding Company, LLC)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder bolder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s bolder's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaserpurchaser provided that lessor-buyer recognizes Tenant's rights under this Lease. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all a covenants and obligations hereunder provided, that Landlord's successor agrees to perform and observe the covenants and obligations of Landlord hereunder.
Appears in 1 contract
Samples: Lease (Cytation Com Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage Superior Mortgagee on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage Superior Mortgagee shall never be treated as an assumption by such holder the Superior Mortgagee of any of the obligations of Landlord hereunder unless such holder the Superior Mortgagee shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder the Superior Mortgagee shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage the Superior Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-seller lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-seller lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-purchaser lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Lease Agreement (Arsanis, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any ----------------------------------------- assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder Holder of a mortgage Mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder Holder of such mortgage Mortgage shall never be treated as an assumption by such holder Holder of any of the obligations of Landlord hereunder unless such holder Holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder Holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s mortgage Holder's Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the PremisesPremises which are to be performed or observed from and after the date of such transfer.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder which are to be performed or observed from and after the date of such transfer.
Appears in 1 contract
Samples: Sublease (Genomic Solutions Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder except such as may have already accrued and unsatisfied prior to such transfer of title.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaserseller-lessee. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph subsection (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder provided such transferee shall have assumed all of Landlord's obligations under this Lease.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon (i) foreclosure of such holder’s 's mortgage (but only if such holder shall purchase such property at foreclosure), or (ii) the entry and the taking of possession of the PremisesProperty by such holder (but only as to matters which shall accrue or arise during the period of possession by such holder).
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-purchaser lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder which are to be performed or observed from and after the date of such transfer.
Appears in 1 contract
Samples: Lease Agreement (Moldflow Corp)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder, except for the return of Tenant’s security deposit (unless such deposit has been delivered to the transferee).
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder (exclusive, however, of obligations due to a failure by Landlord to comply with any of its obligations under this Lease prior to the date of such transfer provided that Tenant shall have given Landlord written notice of such failure prior to the date of such transfer and the transferee shall not have assumed (in writing) Landlord’s obligation with respect thereto).
Appears in 1 contract
Samples: Sublease (Salary. Com, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage Superior Mortgagee on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage Superior Mortgagee shall never be treated as an assumption by such holder the Superior Mortgagee of any of the obligations of Landlord hereunder unless such holder the Superior Mortgagee shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder the Superior Mortgagee shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage the Superior Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lesseeseller‑lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lesseeseller‑lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.purchaser‑lessor. ACTIVE/91437610.6
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder arising from and after the date of such transfer, so long as any such transferee assumes in writing (or by operation of law) all of Landlord's obligations under this Lease.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and or the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this SectionSection 15.6, in the event of any transfer of title to the Property by Landlord, Landlord shall, upon written assumption by the transferee of all of Landlord’s obligations hereunder (which shall be delivered to Tenant), thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon (i) foreclosure of such holder’s 's mortgage (but only if such holder shall purchase such property at foreclosure), or (ii) the entry and the taking of possession of the Premises.Property by such holder (but only as to matters which shall accrue or arise during the period of possession by such holder).
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lesseeseller•lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-purchaser lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder which are to be performed or observed from and after the date of such transfer, provided Landlord’s obligations with respect to any Security Deposit shall remain in effect until actual delivery thereof to its successor in title.
Appears in 1 contract
Samples: Lease (Ardelyx, Inc.)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder provided the transferee assumes in writing all of Landlord’s obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Bladelogic Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaserpurchaser provided that Tenant's rights under this Lease are not disturbed. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder provided such transferee assumes all of Landlord's obligations hereunder in writing.
Appears in 1 contract
Samples: Lease Agreement (Repligen Corp)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) . In no event shall the acquisition of Landlord’s interest in title to the Property by a purchaser which, simultaneously therewith, leases Landlord’s the entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations 's obligation hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Modification and Extension of Leases (Information Holdings Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any ----------------------------------------- assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser-lessor, provided that Landlord shall obtain the agreement of such purchaser-lessor that, subject to such reasonable qualifications as such purchaser-lessor may impose, in the event of the termination of such lease, so long as no Default of Tenant exists hereunder, Tenant's right to possession of the Premises shall not be disturbed and Tenant's other rights hereunder shall not be adversely affected. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Lease (Lycos Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Leaselease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premisespremises, Tenant agrees that the execution thereof by Landlord, Landlord and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking or acceptance of possession a deed in lieu of the Premisesforeclosure.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption assumption, by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder Holder of a mortgage Mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder Holder of such mortgage Mortgage shall never be treated as an assumption by such holder Holder of any of the obligations of Landlord hereunder unless such holder Holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder Holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s mortgage Holder's Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph PARAGRAPH (bB) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder from the date of transfer.
Appears in 1 contract
Samples: Lease Agreement (Beacon Power Corp)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage Superior Mortgagee on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage Superior Mortgagee shall never be treated as an assumption by such holder the Superior Mortgagee of any of the obligations of Landlord hereunder unless such holder the Superior Mortgagee shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder the Superior Mortgagee shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage the Superior Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder arising after such transfer.
Appears in 1 contract
Samples: Lease Agreement (Howard Bancorp Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such seller-lessee provided such purchaser-lessor enters into a non-disturbance agreement with Tenant, as required by the provisions of Section 14.15. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, upon assumption by such transferee of Landlord’s obligations hereunder, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.upon
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, the transferring Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder which are to be performed or observed from and after (but not before) the date of such transfer.
Appears in 1 contract
Samples: Lease Agreement (Cyrk Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage Superior Mortgagee on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage Superior Mortgagee shall never be treated as an assumption by such holder the Superior Mortgagee of any of the obligations of Landlord hereunder unless such holder the Superior Mortgagee shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder the Superior Mortgagee shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage the Superior Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunderhereunder arising from and after the date of such transfer, so long as any such transferee assumes in writing (or by operation of law) all of Landlord's obligations under this Lease.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder Holder of a mortgage Mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder Holder of such mortgage Mortgage shall never be treated as an assumption by such holder Holder of any of the obligations of Landlord hereunder unless such holder Holder shall, by notice sent to Tenant, specifically otherwise elect and, except as aforesaid, such holder Holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s mortgage Holder's Mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph PARAGRAPH (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Lease (Silverstream Software Inc)
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s 's interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s 's obligations hereunder only upon foreclosure of such holder’s 's mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s 's interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s 's entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s 's obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s 's obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such seller-lessee provided such purchaser-lessor enters into a non-disturbance agreement with Tenant, as required by the provisions of Section 14.15. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s 's position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, upon assumption by such transferee of Landlord's obligations hereunder, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by LandlordXxxxxxxx, and the acceptance thereof by the holder of such mortgage shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until LandlordXxxxxxxx’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Assignment and Assumption
ASSIGNMENT OF RENTS AND TRANSFER OF TITLE. (a) With reference to any assignment by Landlord of Landlord’s interest in this Lease, or the rents payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a mortgage on property which includes the Premises, Tenant agrees that the execution thereof by Landlord, and the acceptance thereof by the holder of such mortgage mortgage, shall never be treated as an assumption by such holder of any of the obligations of Landlord hereunder unless such holder shall, by notice sent to Tenant, specifically otherwise elect andand that, except as aforesaid, such holder shall be treated as having assumed Landlord’s obligations hereunder only upon exercising its rights and taking possession pursuant to such assignment or mortgage (but only during such time as such holder is actually in possession under such assignment or mortgage) or upon foreclosure of such holder’s mortgage and the taking of possession of the Premises.
(b) In no event shall the acquisition of Landlord’s interest in the Property by a purchaser which, simultaneously therewith, leases Landlord’s entire interest in the Property back to the seller thereof be treated as an assumption by operation of law or otherwise, of Landlord’s obligations hereunder, but Tenant shall look solely to such seller-lessee, and its successors from time to time in title, for performance of Landlord’s obligations hereunder. In any such event, this Lease shall be subject and subordinate to the lease to such purchaser provided that such purchaser/lessor shall enter into an agreement with Tenant, recordable in form, to the effect that in the event of a termination of such lease, this Lease shall not be terminated or disturbed by such purchaser/lessor or anyone claiming by, through or under such purchaser/lessor so long as no Default of Tenant is then continuing or shall thereafter occur beyond expiration of applicable notice and cure periods, if any. For all purposes, such seller-lessee, and its successors in title, shall be the Landlord hereunder unless and until Landlord’s position shall have been assumed by such purchaser-lessor.
(c) Except as provided in paragraph (b) of this Section, in the event of any transfer of title to the Property by Landlord, Landlord shall thereafter be entirely freed and relieved from the performance and observance of all covenants and obligations hereunder.
Appears in 1 contract
Samples: Lease (Aspen Technology Inc /De/)