Collateral Assignment of Lease. FOR VALUE RECEIVED, the undersigned, DC Lisbon Cinema, LLC, a Delaware limited liability company, as Borrower, does hereby transfer, sell, assign, set over and convey unto Northlight Trust I, a Delaware statutory trust, as Lender, all of its right, title and interest in and to that certain Lease Agreement more particularly described on the attached Exhibit A, as collateral security for Borrower’s obligations to Lender under that certain Loan Agreement between Borrower and certain of its affiliates, and Xxxxxxxx’s parent, Digital Cinema Destinations Corp., a Delaware corporation, of even date herewith (the “Loan”).
Collateral Assignment of Lease. THIS COLLATERAL ASSIGNMENT OF LEASE (“Assignment”) is made as of the date of the last signature below, among (1) K.P. SPORTS, INC., a Maryland corporation (“Assignor”), having an address c/o Under Armour Performance Apparel, 0000 Xxxx Xxxxxx, Baltimore, Maryland 21230, (2) PRUDENT CAPITAL I, LP, a Maryland limited partnership (the “Assignee”) having an address at , and (3) HULL POINT, LLC (“Landlord”) having an address at Tide Point, 0000 Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000.
Collateral Assignment of Lease. With respect to any assignment by Landlord of either (i) the Landlord's interest in this Lease, or (ii) the Annual Fixed Rent, Additional Rent and other payments payable to Landlord hereunder, whether conditional in nature or otherwise, Xxxxxx agrees:
(a) that the execution thereof by Xxxxxxxx and the acceptance thereof by the assignee shall not be deemed an assumption by such assignee of any of the obligations of Landlord hereunder, unless such assignee shall, by notice sent to Tenant, expressly otherwise elect; and
(b) that, except as aforesaid, such assignee shall be treated as having assumed Landlord's obligations hereunder only upon foreclosure of such assignee's mortgage or the taking of possession of the Building.
Collateral Assignment of Lease. Lessor, in consideration of the premises and for other good and valuable consideration, the receipt whereof is hereby acknowledged, and as security for the payment of the principal of, and all interest and all other sums payable on, the Notes and all other sums payable by Lessor to Assignee under the Loan Agreement or under any of the other Operative Documents and the performance and observance by Lessor for the benefit of Assignee or the Lenders of the provisions of each thereof, whether contained therein or incorporated therein by reference, has assigned, transferred, conveyed and set over, and by these presents does assign, transfer, convey and set over, to Assignee, for the benefit of Assignee and the Lenders, all of Lessor's interest in, to and under the Lease and all of Lessor's estate, right, title, interest, claim and demand as Lessor under the Lease, and all existing or future amendments, supplements or modifications of the Lease; TOGETHER WITH all rights, powers, privileges, options and other benefits of Lessor under the Lease, including, without limitation (a) the right to receive and collect all Rent, income, revenues, issues, profits, Loss Proceeds, bankruptcy claims, liquidated damages, purchase price proceeds (pursuant to Article VI of the Lease, or otherwise), the Applicable Percentage Amount, and other payments, tenders and security payable to or receivable by Lessor under the Lease, to be applied in accordance with Section 3.3 of the Loan Agreement; (b) the right, subject to the provisions of Section 9.5 of the Participation Agreement and not to the exclusion of Lessor, to give and withhold all waivers, consents, modifications, amendments and agreements under or with respect to the Lease; (c) the right, not to the exclusion of Lessor, to give and receive copies of all notices and other instruments or communications under or pursuant to the Lease; (d) the right to take such action upon the occurrence and during the continuance of a Lease Event of Default as shall be permitted by the Lease or by Applicable Laws and Regulations; and (e) the right to do any and all other things whatsoever which Lessor or any lessor under the Lease, as the case may be, is or may be entitled to do thereunder; TOGETHER WITH the right and power to execute and deliver as agent and attorney-in-fact of Lessor under the Lease an appropriate deed, bill of sale or other instruments of transfer necessary or appropriaxx xor the conveyance and transfer to Lessee of Lessor...
Collateral Assignment of Lease. With respect to any assignment by the Lessor of the Lessor's interest in this lease or the rental and other payments payable hereunder, conditional in nature or otherwise, which assignment is made to the holder of a first mortgage on the Lessor's estate, the Lessee agrees:
(a) that the execution thereof by the Lessor and the acceptance thereof by the holder of such mortgage shall never be deemed an assumption by such holder of any of the obligations of the Lessor hereunder, unless such holder shall, by written notice sent to the Lessee, expressly otherwise elect; and
(b) that, except as aforesaid, such holder shall be treated as having assumed the Lessor's obligations hereunder only upon foreclosure of such holder's mortgage and the taking of possession of the Premises.
Collateral Assignment of Lease. Tenant acknowledges that Landlord may assign the Lease and the rents thereunder to Mortgagee as additional collateral for the loan secured by the Superior Mortgage. Tenant agrees that if Mortgagee, pursuant to the assignment, and whether or not it becomes a mortgagee in possession, shall give written notice to Tenant that Mortgagee has elected to require Tenant to pay to Mortgagee the rent and other charges payable by Tenant under the Lease, Tenant shall, until Mortgagee shall have canceled such election, thereafter pay to Mortgagee all rent and other sums payable under the Lease and such payments to Mortgagee shall be treated as payments made under the Lease. Tenant hereby covenants and agrees that Tenant shall not subordinate the Lease to any lien or encumbrance (other than the Superior Mortgage) without Mortgagee’s prior written consent.
Collateral Assignment of Lease. 33 ARTICLE X - MISCELLANEOUS PROVISIONS ------------------------------------ 10.1 Notices from One Party to the Other ........................... 33 10.2
Collateral Assignment of Lease. Notwithstanding any provision hereof to the contrary, to secure the payment of indebtedness due by Lessee, Lessee shall have the right, without Lessor's consent or approval, to assign and transfer its right, title and interest in, to and under the Lease, provided, however, no such assignment shall require Lessor to amend or modify the terms of the Lease. Lessee agrees to notify Lessor of the name and address of any assignee under any such collateral assignment.
Collateral Assignment of Lease duly executed by the Borrower or the Subsidiary, as the case may be, (unless despite the reasonable efforts of the Borrower or such Subsidiary, as the case may be, such Collateral Assignment has not been consented to by the landlord,
Collateral Assignment of Lease. A Collateral Assignment of Lease executed by each Borrower for each leased Facility of each Borrower together with an acknowledgment of each landlord of such leased Facility.
