Assignment to Mortgagee. The right, title and interest of Assignee in and to this Assignment has been assigned to and is subject to a security interest in favor of Wilmington Trust Company, as Mortgagee under the Trust Indenture, for the benefit of the Noteholders and the Indenture Indemnitees referred to in such Trust Indenture, all to the extent provided in such Trust Indenture. Assignor hereby consents to such assignment and to the creation of such security interest in and to this Assignment.
Assignment to Mortgagee. 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.
Assignment to Mortgagee. The right, title and interest of the Assignee in and to this Restated Assignment has, contemporaneously with the execution and delivery hereof, been assigned to and is subject to a security interest in favor of the Mortgagee (as such terms and the other capitalized terms used hereinafter in this sentence are defined in Appendix A to the Lease) under the Trust Indenture, for the benefit of the Loan Participants and the Note Holders referred to the Trust Indenture, all to the extent provided in such Trust Indenture. The Assignor hereby consents to such assignment and to the creation of such security interest in and to this Restated Assignment.
Assignment to Mortgagee. In the event of the foreclosure of this Mortgage or other transfer of the title to the Property in extinguishment of the Secured Indebtedness, all right, title and interest of Mortgagor in and to any insurance policy, or premiums or payments in satisfaction of claims or any other rights under these insurance policies and any other insurance policies covering the Property shall pass to the transferee of the Property.
Assignment to Mortgagee. Mortgagor hereby assigns to Mortgagee the 365(h) Election with respect to each Mortgaged Lease until the Secured Obligations have been indefeasibly paid in full in cash. Mortgagor acknowledges and agrees that the foregoing assignment of the 365(h) Election and related rights is one of the rights that Mortgagee may use at any time to protect and preserve Mortgagee’s other rights and interests under this Mortgage. Mortgagor further acknowledges that exercise of the 365(h) Election in favor of terminating any Mortgaged Lease would constitute waste prohibited by this Mortgage.
Assignment to Mortgagee. Mortgagor hereby assigns to Mortgagee the 365(h) Election with respect to each Mortgaged Lease until the Obligations have been indefeasibly paid in full in cash, the Letters of Credit have expired or are terminated, and the Commitments terminated. Mortgagor acknowledges and agrees that the foregoing assignment of the 365(h) Election and related rights is one of the rights that Mortgagee may use at any time to protect and preserve Mortgagee’s other rights and interests under this Mortgage. Mortgagor further acknowledges that exercise of the 365(h) Election in favor of terminating any Mortgaged Lease would constitute waste prohibited by this Mortgage.
Assignment to Mortgagee. Tenant acknowledges that this Lease has been or will be assigned by Landlord to the holder or holders of a Mortgage pursuant to an Assignment of Rents and Leases (or similar document) and agrees not to look to such holders as mortgagee, mortgagee in possession or successor in title to the Premises for accountability for the Security Deposit required under this Lease unless such sum has actually been received in cash by such holder or holders as security for Tenant’s performance under this Lease. In addition, any letter of credit or other instrument that Tenant provides to Landlord in lieu of a cash security deposit (if any) will, if permitted by applicable Laws, name the holder of the first priority Mortgage as payee or mortgagee thereunder (or, at such holder’s option, be fully assigned to and held by such holder).
Assignment to Mortgagee. The Tenant declares that the Landlord may assign the Landlord's rights under this Lease to a purchaser of the property or to lender or lenders as collateral security for any loan to the Landlord and in the event that such an assignment is given and executed by the Landlord and notification is given to the Tenant, the Tenant, if so requested, will without cost, at any time, and from time to time:
Assignment to Mortgagee. 13 ARTICLE IV. BOOKS, RECORDS AND ACCOUNTS
Assignment to Mortgagee. Mortgagor hereby assigns to Mortgagee the 365(h) Election with respect to any Facility Lease. Mortgagor acknowledges and agrees that the foregoing assignment of the 365(h) Election and related rights is one of the rights that Mortgagee may use at any time to protect and preserve Mortgagee's other rights and interests under this Leasehold Mortgage. Mortgagor further acknowledges that exercise of the 365(h) Election in favor of terminating any Facility Lease would constitute waste prohibited by this Leasehold Mortgage. Mortgagor acknowledges and agrees that the 365(h) Election is in the nature of a remedy available to Mortgagor under a Facility Lease, and is not a property interest that Mortgagor can separate from the Facility Lease as to which it arises. Therefore, Mortgagor agrees and acknowledges that exercise of the 365(h) Election in favor of preserving the right to possession under a Facility Lease shall not be deemed to constitute Mortgagee's taking or sale of the Mortgaged Property (or any element thereof) and shall not entitle Mortgagor to any credit against the Obligations secured hereunder or otherwise impair Mortgagee's Remedies.
