Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby assign, transfer and set over to the Agency, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so long as no Event of Default has occurred and Lessee has satisfied and is then presently satisfying all payments required to be made to Agency under this Agreement, Lessee shall have the right to utilize such excess sublease rentals, revenues and receipts as Lessee determines in its sole and absolute discretion. The Lessee agrees not to terminate, modify or amend the Sublease Agreement or any of the terms thereof, or grant any concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby assign, transfer and set over to the Agency, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so long as no Event of Default has occurred and Lessee has satisfied and is then presently satisfying all payments required to be made to Agency under this Agreement, Lessee shall have the right to utilize such excess sublease rentals, revenues and receipts as Lessee determines in its sole and absolute discretion. The Lessee agrees not to terminate, modify or amend the Sublease Agreement or any of the terms thereof, or grant any concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, Agency and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby assign, transfer and set over to the Agency, subject and subordinate to any assignment, collateral or otherwise, now or hereafter made or given from the Lessee to the Mortgagee or any successor thereof, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so long as no Event of Default has occurred and Lessee has satisfied and is then presently satisfying all payments required to be made to Agency under this Agreement, Lessee shall have the right to utilize such excess sublease rentals, revenues and receipts as Lessee determines in its sole and absolute discretion. The Lessee agrees not to terminate, modify or amend the Sublease Agreement or any of the terms thereof, or grant any concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby assign, transfer and set over to the Agency, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so long as no Event of Default has occurred and Lessee has satisfied and is then presently satisfying all payments required to be made to Agency under this Agreement, Lessee shall have the right to utilize such excess sublease rentals, revenues and receipts as Lessee determines in its sole and absolute discretion. The Lessee agrees not to terminate, modify or amend the Sublease Agreement or any of the terms thereof, or grant any concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, which consent shall not be unreasonably withheld, conditioned or delayed, and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 1 contract
Samples: Lease Agreement
Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby collaterally assign, transfer and set over to the Agency, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so long as no Event subject and subordinate to the assignment of Default has occurred and Lessee has satisfied and is then presently satisfying all payments required such Sublease Agreement to be made to Agency under this Agreement, Lessee shall have the right to utilize such excess sublease rentals, revenues and receipts as Lessee determines in its sole and absolute discretionMortgagee. The Lessee agrees not to terminate, modify or amend the Sublease Agreement or any of the terms thereof, or grant any concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, Agency and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void, except that the collateral assignment of the Sublease Agreement to the Mortgagee is hereby permitted. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 1 contract
Samples: Lease Agreement
Assignment of Sublease Agreement. In order to secure the payment and performance of obligations of the Lessee under this Agreement, the Lessee does hereby assign, transfer and set over to the Agency, all of the Lessee’s right, title and interest in and to the Sublease Agreement, including all sublease rentals, revenues and receipts therefrom, and the right to enforce all of the Lessee’s rights and remedies thereunder, provided, so . So long as there shall exist no Event of Default has occurred and nor any default by the Lessee has satisfied and is then presently satisfying all payments required in the performance of any obligation contained herein to be made performed or to cause to be performed beyond any applicable notice and grace period, the Agency under this Agreement, Lessee shall have waives the right to utilize such excess sublease rentalsenter the Facility for the purpose of collecting rent and to let the Facility or any part thereof, revenues and receipts as the Lessee determines in its sole may continue to collect rents at the time of and absolute discretionto retain, use and enjoy the same and to let the Facility or any part thereof, all subject to the provisions thereof. The Lessee agrees not to terminate, terminate or modify or amend the Sublease Agreement or any of the terms thereof, or grant any material concessions in connection therewith, either orally or in writing, or to accept a surrender thereof, without the prior written consent of the Agency, which consent shall not be unreasonably withheld, conditioned or delayed, and any attempted termination, modification or amendment of the Sublease Agreement without such written consent shall be null and void. In the exercise of the powers herein granted, no liability shall be asserted or enforced against the Agency, all such liability being hereby expressly waived and released by the Lessee. The Agency shall not be obligated to perform or discharge any obligation, duty or liability under the Sublease Agreement, or under or by reason of this assignment.
Appears in 1 contract
Samples: Lease Agreement