Common use of Assignment of Subleases Clause in Contracts

Assignment of Subleases. Tenant hereby assigns to Landlord, effective upon the occurrence of any Event of Default hereunder, and so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default by Tenant, Landlord may collect the rents and other payments from any and all Subtenants and apply the net amount collected to the rent and other sums payable hereunder, and may enforce the provisions of any such Sublease directly against the Subtenant thereunder in the name of Landlord or of Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed to be a waiver of any agreement, term, covenant or condition of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, have acknowledged and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the Sublease.

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rental in this Lease reserved and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns assigns, transfers and sets over unto Landlord subject to the conditions hereinafter set forth, all of Tenant's right, title and interest in and to all subleases now or hereafter made and in and to all concession agreements now or hereafter made affecting any part of the Premises, and hereby confers upon Landlord, effective upon its agents and representatives, a right of entry in and sufficient possession of the occurrence Premises to permit and insure the collection by Landlord of said rentals and other moneys, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord may, in the exercise of said right, use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any person whomsoever, Tenant hereby agreeing in said contingency to hold Landlord safe and harmless from any claim of any Event character by any person arising out of or in connection with the entry by Landlord and taking possession of the Premises; provided, however, that such assignment shall become operative and effective only in the event that this Lease and the term hereof shall be cancelled or terminated pursuant to the terms, covenants and conditions hereof, or in the event of repossession under dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, or in the event of a Default by Tenant hereunder, and so long then only as to such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant subleases and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default by Tenant, concession agreements that Landlord may collect the rents and other payments from any and all Subtenants and apply the net amount collected elect to the rent and other sums payable hereunder, and may enforce the provisions of any such Sublease directly against the Subtenant thereunder in the name of Landlord or of Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed to be a waiver of any agreement, term, covenant or condition of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, have acknowledged and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the Subleasetake over.

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns to assigns, transfers and sets over unto Landlord, effective upon the occurrence of any Event of Default hereunder, and so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry in, and sufficient possession of the Premises to permit and insure the collection by Tenant, Landlord may collect of the rents and other payments from any and all Subtenants and apply the net amount collected to the rent rentals and other sums payable under the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all lawful force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however that such assignment shall become operative and effective only if (a) an event of default by Tenant shall occur under this Lease and only for such period as the event of default shall continue in effect or (b) this Lease shall be canceled or terminated pursuant to the terms, covenants and conditions hereof or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof or (d) a receiver for the Premises is appointed by reason of a Tenant default hereunder, and then only as to such of the Subleases that Landlord may enforce elect to take over and assume. At such time as Landlord determines that an assignment has become operative and effective as provided herein Landlord may, without further authorization from Tenant, direct Sublessees to pay all rent and other amounts due under the provisions Subleases directly to Landlord. At any time and from time to time upon Landlord’s demand, Tenant promptly shall deliver to Landlord a schedule of any such all Subleases, setting forth the names of all Sublessees, with a photostat copy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease directly against shall provide that the Subtenant Sublessee thereunder in the name shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord, an estoppel certificate confirming with respect to such Sublease the information set forth in Section 19.4 hereof. Until any assignment becomes operative or effective under this Section, Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed may further assign, transfer and set over unto any Leasehold Mortgagee all of Tenant’s right, title and interest in and to be a waiver of any agreementall Subleases, termsubject, covenant or condition however, to the terms of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, have acknowledged and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the SubleaseLease.

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rental and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns to assigns, transfers and sets over unto Landlord, effective upon the occurrence of any Event of Default hereunder, and so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default the rights of any Mortgagee (provided that the Mortgagee thereunder is an Institutional Lender) under any assignment of Subleases and/or rents made in connection with a Mortgage in favor of such Mortgagee, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry in, and sufficient possession of, the Premises to permit and insure the collection by Tenant, Landlord may collect of the rents and other payments from any and all Subtenants and apply the net amount collected to the rent rentals and other sums payable hereunderunder the Subleases. The exercise of the right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, that such assignment shall become operative and effective only if (a) and as long as an Event of Default shall occur and remain uncured, or (b) this Lease and the Term shall be canceled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof or applicable law, and may enforce the provisions of any then only as to such Sublease directly against the Subtenant thereunder in the name of Landlord or of Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed to be a waiver of any agreement, term, covenant or condition of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended Subleases that Landlord has agreed to be self-operative, Landlord shall execute, have acknowledged take over and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the Subleaseassume.

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns to assigns, transfers and sets over unto Landlord, effective upon the occurrence of any Event of Default hereunder, and so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, the Premises to permit and insure the collection by Tenant, Landlord may collect of the rents and other payments from any and all Subtenants and apply the net amount collected to the rent rentals and other sums payable hereunderunder the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may enforce use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, that such assignment shall become operative and effective only if (a) an Event of a Default shall occur, or (b) this Lease and the Term shall be cancelled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, or (d) a receiver for the Premises is appointed pursuant to applicable Laws, and then only as to such of the subleases that Landlord may elect to take over and assume. At any such time and from time to time within five (5) days after Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all Subtenants, with a photocopy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease directly against shall provide that the Subtenant thereunder in the name shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Tenant but for Landlord's sole benefitLandlord and Mortgagee, an estoppel certificate confirming with respect to such sublease the information set forth in Section 14.1 hereof. No such collection or enforcement by Landlord will be deemed to be a waiver of any agreement, term, covenant or condition Concurrently with the execution of this Lease by Lease, Tenant is executing and delivering to Landlord or an Assignment of Sublease(s) in the acceptance by forms set forth in Exhibit “9.5,” which Landlord of any Subtenant. The assignment shall place in this Section shall be subordinate the public records to any document the assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, have acknowledged and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the SubleaseSublease(s).

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns to assigns, transfers and sets over unto Landlord, effective upon the occurrence of any Event of Default hereunder, and so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the obligations of Tenant as landlord under any such Sublease, subject to Section 17.2. After default the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry in, and sufficient possession of; the Premises to permit and insure the collection by Tenant, Landlord may collect of the rents and other payments from any and all Subtenants and apply the net amount collected to the rent rentals and other sums payable under the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all lawful force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however that such assignment shall become operative and effective only if (a) an event of default by Tenant shall occur under this Lease and only for such period as the event of default shall continue in effect or (b) this Lease shall be canceled or terminated pursuant to the terms, covenants and conditions hereof or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof or (d) a receiver for the Premises is appointed by reason of a Tenant default hereunder, and then only as to such of the Subleases that Landlord may enforce elect to take over and assume. At such time as Landlord determines that an assignment has become operative and effective as provided herein Landlord may, without further authorization from Tenant, direct Sublessees to pay all rent and other amounts due under the provisions Subleases directly to Landlord. At any time and from time to time upon Landlord’s demand, Tenant promptly shall deliver to Landlord a schedule of any such all Subleases, setting forth the names of all Sublessees, with a photostat copy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease directly against shall provide that the Subtenant Sublessee thereunder in the name shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord, an estoppel certificate confirming with respect to such Sublease the information set forth in Section 19.4 hereof. Until any assignment becomes operative or effective under this Section, Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed may further assign, transfer and set over unto any Leasehold Mortgagee all of Tenant’s right, title and interest in and to be a waiver of any agreementall Subleases, termsubject, covenant or condition however, to the terms of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, have acknowledged and shall deliver such instruments of subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such default has been cured, Tenant thereafter shall have the right to collect future rents and other payments from any and all Subtenants and otherwise enforce the provisions of the SubleaseLease.