Common use of Cancellation; Surrender; Modification; Amendment Clause in Contracts

Cancellation; Surrender; Modification; Amendment. There shall be no cancellation, surrender (which term shall be deemed to include any determination by Tenant to treat this Lease as terminated under 11 U.S.C. § 365(h) if Landlord rejects this Lease in a bankruptcy or insolvency proceeding affecting Landlord) or modification of this Lease which is binding on any Permitted Lender (other than correction of scrivener’s errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent Landlord or Tenant from terminating this Lease pursuant to the express terms hereof, subject, however, to each Permitted Lender’s rights to obtain a New Lease in accordance with Section 10.3.2(d)). Tenant hereby advises Landlord that Tenant is assigning any right which it may have to object to any sale of Landlord’s interests in the Premises and the Improvements free and clear of this Lease under the terms of 11 U.S.C. § 363(f)(2) to the Permitted Lenders to act on Tenant’s behalf and any such objection by Permitted Mortgage Lenders shall be as effective as if made by Tenant and, for the benefit of Landlord, Tenant hereby waives any and all right to object to any sale of Landlord’s interests in the Premises so assigned to the Permitted Lenders. So long as a Permitted Encumbrance remains outstanding, Landlord shall not consent to any amendment or modification of this Lease that is not consented to in writing by each Permitted Lender with an outstanding Permitted Lease Encumbrance of which Landlord has received notice.

Cancellation; Surrender; Modification; Amendment. There shall be no cancellation, surrender (which term shall be deemed to include any determination by Tenant RIDA to treat this Lease Sublease as terminated under 11 U.S.C. § 365(h) if Landlord City rejects this Lease Sublease in a bankruptcy or insolvency proceeding affecting LandlordCity) or modification of this Lease Sublease which is binding on any Permitted Lender (other than correction of scrivener’s errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent Landlord City or Tenant RIDA from terminating this Lease Sublease pursuant to the express terms hereof, subject, however, to each the rights of the Permitted Lender’s Lender designated to exercise the cure rights to obtain a New Lease Sublease in accordance with Section 10.3.2(d9.3(b)(iv)). Tenant RIDA hereby advises Landlord City that Tenant RIDA is assigning any right which it may have to object to any sale of LandlordCity’s interests in the Premises and the Improvements Facility free and clear of this Lease Sublease under the terms of 11 U.S.C. § 363(f)(2) to the Permitted Lenders to act on TenantRIDA’s behalf and any such objection by Permitted Mortgage Lenders shall be as effective as if made by Tenant RIDA and, for the benefit of LandlordCity, Tenant RIDA hereby waives any and all right to object to any sale of LandlordCity’s interests in the Premises Facility so assigned to the Permitted Lenders. So long as a Permitted Financing Encumbrance remains outstanding, Landlord City shall not grant consent or deemed consent to any amendment or modification of this Lease Sublease that is not consented to in writing by each Permitted Lender with an outstanding Permitted Lease Sublease Financing Encumbrance of which Landlord City has received notice.

Cancellation; Surrender; Modification; Amendment. There shall be no voluntary cancellation, surrender (which term shall be deemed to include any determination rejection by Tenant to treat the City of this Lease as terminated under 11 U.S.C. § 365(h) if Landlord rejects this Lease Sublease in a bankruptcy or insolvency proceeding affecting LandlordBankruptcy Case in which the City is a debtor) or modification of this Lease which Sublease that is binding on any Permitted Lender (other than correction of scrivener’s errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent Landlord City or Tenant RIDA from terminating this Lease Sublease pursuant to the express terms hereof, subject, however, to each the rights of the Permitted Lender’s Lender designated to exercise the cure rights to obtain a New Lease Sublease in accordance with Section 10.3.2(d9.3(b)(iv)). Tenant RIDA hereby advises Landlord City that Tenant RIDA is assigning any right which that it may have to object to any sale of LandlordCity’s interests in the Premises and the Improvements Facility free and clear of this Lease Sublease under the terms of 11 U.S.C. § 363(f)(2) to the Permitted Lenders to act on TenantRIDA’s behalf and any such objection by Permitted Mortgage Lenders shall be as effective as if made by Tenant RIDA and, for the benefit of LandlordCity, Tenant RIDA hereby waives any and all right to object to any sale of LandlordCity’s interests in the Premises so Facility solely to the extent assigned to the Permitted LendersLender or a SPE Lender Affiliate. So long as a Permitted Financing Encumbrance remains outstanding, Landlord City shall not grant consent or be deemed to consent to any voluntary cancellation, surrender, amendment or modification of this Lease Sublease that is not consented to in writing by each Permitted Lender with an outstanding Permitted Lease Sublease Financing Encumbrance of which Landlord City has received notice.

Cancellation; Surrender; Modification; Amendment. There shall be no cancellation, surrender (which term shall be deemed to include any determination by Tenant to treat this Lease as terminated under 11 U.S.C. § 365(h) if Landlord rejects this Lease in a bankruptcy or insolvency proceeding affecting Landlord) or modification of this Lease which is binding on any Permitted Lender (other than correction of scrivener’s errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent Landlord or Tenant from terminating this Lease pursuant to the express terms hereof, subject, however, to each the rights of the Permitted Lender’s Lender designated to exercise the cure rights to obtain a New Lease in accordance with Section 10.3.2(d)). Tenant hereby advises Landlord that Tenant Xxxxxx is assigning any right which it may have to object to any sale of Landlord’s interests in the Premises and the Improvements free and clear of this Lease under the terms of 11 U.S.C. § 363(f)(2) to the Permitted Lenders to act on TenantXxxxxx’s behalf and any such objection by Permitted Mortgage Lenders shall be as effective as if made by Tenant and, for the benefit of Landlord, Tenant hereby waives any and all right to object to any sale of Landlord’s interests in the Premises so assigned to the Permitted Lenders. So long as a Permitted Financing Encumbrance remains outstanding, Landlord shall not consent to any amendment or modification of this Lease that is not consented to in writing by each Permitted Lender with an outstanding Permitted Lease Financing Encumbrance of which Landlord has received notice.