Common use of Assignment of Subrents Clause in Contracts

Assignment of Subrents. Tenant assigns to Landlord all subrents and other sums falling due from subtenants, licensees, and concessionaires (herein called subtenants) during any period in which Landlord has the right under this lease, whether exercised or not, to reenter the Premises for Tenant’s default, and Tenant shall not have any right to such sums during that period. This assignment is subject and subordinate to any and all assignments of the same subrents and other sums made, before the default in question, to a mortgagee under any mortgage permitted by provisions of this lease relating to purchase or construction of improvements. Landlord may at Landlord’s election reenter the Premises and improvements with or without process of law, without terminating this lease, and either or both collect these sums or bring action for the recovery of the sums directly from such obligors. Landlord shall receive and collect all subrents and avails from reletting, applying them: first, to the payment of reasonable expenses (including attorneys’ fees or brokers’ commissions or both) paid or incurred by or on behalf of Landlord in recovering possession, placing the Premises and improvements in good condition, and preparing or altering the Premises or improvements for reletting; second to the reasonable expense of securing new Tenants; third, to the fulfillment of Tenant’s covenants to the end of the term; and fourth, to Landlord’s uses and purposes. Tenant shall nevertheless pay to Landlord on the due dates specified in this lease the equivalent of all sums required of Tenant under this lease plus Landlord’s expenses, less the avails of the sums assigned and actually collected under this provision. Landlord may proceed to collect either the assigned sums or Tenant’s balances or both, or any installment or installments of them, either before or after expiration of the term, but the period of limitations shall not begin to run on Tenant’s payments until the due date of the final installment to which Landlord is entitled nor shall it begin to run on the payments of the assigned sums until the due date of the final installment due from the respective obligors.

Appears in 1 contract

Samples: Ground Lease (Mission Community Bancorp)

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Assignment of Subrents. Tenant assigns to Landlord all subrents and other sums falling due from subtenants, licensees, licensees and concessionaires (herein called subtenantsreferred to as “Subtenants” in this Section 9.06) during any period in which Landlord has the right under this leaseLease, whether exercised or not, to reenter the Leased Premises for Tenant’s default, and Tenant shall not have any right to such sums during that period. This assignment is subject and subordinate to any and all assignments of the same subrents and other sums made, before the default in question, to a mortgagee under any mortgage permitted by provisions of this lease relating to purchase or construction of improvements. Landlord may at Landlord’s election reenter the Leased Premises and improvements Improvements with or without process of law, without terminating this leaseLease, and either either, or both both, collect these sums or bring action for the recovery of the sums directly from such obligorsSubtenants. Landlord shall receive and collect apply all such collected subrents and avails from reletting, applying them: first, to the payment of reasonable expenses (including attorneys’ fees or brokers’ commissions or both) paid or incurred by or on behalf of Landlord as provided in recovering possession, placing the Premises and improvements in good condition, and preparing or altering the Premises or improvements for reletting; second to the reasonable expense of securing new Tenants; third, to the fulfillment of Tenant’s covenants to the end of the term; and fourth, to Landlord’s uses and purposesSection 9.07. Tenant shall nevertheless pay to Landlord on the due dates specified in this lease Lease the equivalent of all sums required of Tenant under this lease Lease, plus Landlord’s expenses, less the avails proceeds of the sums assigned and actually collected under this provisionSection 9.06. Landlord may proceed to collect either the assigned sums or Tenant’s balances balances, or both, or any installment or installments of them, either before or after expiration of the termterm of the Lease, but the period of limitations shall not begin to run on any of Tenant’s payments until the due date of the final installment to which Landlord is entitled under this Lease, nor shall it begin to run on the payments any of the sums assigned sums under this Section 9.06 until the due date of the final installment due from the respective obligorsSubtenants.

Appears in 1 contract

Samples: Lease Agreement

Assignment of Subrents. Tenant LESSEE assigns to Landlord COUNTY all subrents and other sums falling due from subtenants, licensees, licensees and concessionaires (herein called "subtenants") during any period in which Landlord COUNTY has the right under this lease, whether exercised or not, to reenter re-enter the Premises premises for Tenant’s LESSEE's default, and Tenant LESSEE shall not have any right to such sums during that period. This assignment is subject and subordinate to any and all assignments of the same subrents and other sums made, before the default in question, to a mortgagee under any mortgage permitted by provisions of this lease relating to purchase or construction of improvements. Landlord During the period LESSEE is in default, COUNTY may at Landlord’s election reenter re-enter the Premises premises and improvements with or without process of law, without terminating this lease, and either or both collect these sums or bring action for the recovery of the sums directly from such obligors, or both. Landlord COUNTY shall receive and collect all subrents and avails proceeds from reletting, applying them: first, to the payment of reasonable expenses (including attorneys' fees or brokers' commissions or both) paid or incurred by or on behalf of Landlord COUNTY in recovering possession, placing the Premises premises and improvements in good condition, and preparing or altering the Premises premises or improvements for reletting; second second, to the reasonable expense of securing new Tenantslessees; third, to the fulfillment of Tenant’s LESSEE's covenants to the end of the term; and fourth, to Landlord’s COUNTY's uses and purposes. Tenant LESSEE shall nevertheless pay to Landlord COUNTY on the due dates specified in this lease the equivalent of all sums required of Tenant LESSEE under this lease lease, plus Landlord’s COUNTY's expenses, less the avails proceeds of the sums assigned and actually collected under this provision. Landlord COUNTY may proceed to collect either the assigned sums or Tenant’s LESSEE's balances or both, or any installment or installments of them, either before or after expiration of the term, but the period of limitations shall not begin to run on Tenant’s LESSEE's payments until the due date of the final installment to which Landlord COUNTY is entitled nor shall it begin to run on the payments of the assigned sums until the due date of the final installment due from the respective obligors.

Appears in 1 contract

Samples: Lithia Motors Inc

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Assignment of Subrents. Tenant assigns to Landlord all subrents and other sums falling due from subtenants, licensees, and concessionaires (herein called subtenants) during any period in which Landlord has the right under this leaseLease, whether exercised or not, to reenter re-enter the Premises for Tenant’s 's default, and Tenant shall not have any right to such sums during that period. This assignment is subject and subordinate to any and all assignments of the same subrents and other sums madeLandlord may, before the default in question, to a mortgagee under any mortgage permitted by provisions of this lease relating to purchase or construction of improvements. Landlord may at Landlord’s election reenter 's election, re-enter the Premises and improvements with or without process of law, without terminating this leaseLease, and either or both collect these sums or bring action for the recovery of the sums directly from such obligors. Landlord shall receive and collect all subrents and avails from reletting, applying them: first, to the payment of reasonable expenses (including attorneys' fees or brokers' commissions or both) paid or incurred by or on behalf of Landlord in recovering possession, possession and placing the Premises and improvements in good condition; second, and preparing or altering the Premises or improvements for reletting; second to the reasonable expense of securing new Tenantslessees; third, to the fulfillment of Tenant’s 's covenants to the end of the termTerm; and fourth, to Landlord’s uses and purposesTenant. Tenant shall nevertheless pay to Landlord on the due dates specified in this lease Lease the equivalent of all sums required of Tenant under this lease Lease, plus Landlord’s 's expenses, less the avails of the sums assigned and actually collected under this provision. Landlord may proceed to collect either the assigned sums or Tenant’s balances 's balances, or both, or any installment or installments of themthe, either before or after expiration of the termTerm, but the period of limitations shall not begin to run on Tenant’s 's payments until the due date of the final installment to which Landlord is entitled entitled, nor shall it begin to run on the payments of the assigned sums until the due date of the final installment due from the respective obligors.

Appears in 1 contract

Samples: Lease Agreement (Charlotte Russe Holding Inc)

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