Collection of Rent. If Tenant’s interest in this Lease is assigned, Landlord may elect to collect Rent directly from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (a “Transferee”) to make payments of rent or other consideration directly to Landlord upon receipt of any notice from Landlord requesting such action. Landlord may apply all such amounts collected to Rent due or coming due hereunder, and no such collection or application shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the acceptance by Landlord of such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in the Premises, or be deemed to constitute, or serve as a substitute for, or any waiver of, any consent of Landlord required under this Section 11.
Appears in 3 contracts
Samples: Office Lease Agreement (Thimble Point Acquisition Corp.), Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 3 contracts
Samples: Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc), Net Lease Agreement (Integrated Device Technology Inc)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all rights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 2 contracts
Samples: Improvement Agreement (Calix, Inc), Net Lease Agreement (Proteinsimple)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, subject to applicable cure periods, or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name sxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all rights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 2 contracts
Samples: Net Lease Agreement (Trident Microsystems Inc), Net Lease Agreement (Laserscope)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, subject to applicable cure periods, or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name sue xxx or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all rights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 2 contracts
Samples: Net Lease Agreement (Laserscope), Net Lease Agreement (Laserscope)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all rights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 2 contracts
Samples: Lease Agreement (Rambus Inc), Improvement Agreement (Bloom Energy Corp)
Collection of Rent. If Tenant hereby irrevocably gives to and ------------------ confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, subject to applicable cure periods, or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all nights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 1 contract
Samples: Net Lease Agreement (Navisite Inc)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name sxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; provided, however, that so long as no Default by Tenant exists or except as provided by the provisions of Paragraph 24.2(b) above, Tenant shall have the right to make payments of rent or other consideration directly to Landlord upon receipt collect such rent. During the period of any notice from Landlord requesting such action. Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligations under this Lease; provided, however, that so long as no Default by Tenant exists or except as provided by the provisions of Paragraph 24.2 above, Tenant shall have the right to make payments of rent or other consideration directly to Landlord upon receipt collect such rent. During the period of any notice from Landlord requesting such action. Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 23, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant or except as provided by the provisions of Paragraph 23.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name sue xxx or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Leasesubtenants. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 1 contract
Samples: That Certain Lease Agreement (Nhancement Technologies Inc)
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Section 11.2, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant or except as provided by the provisions of Section 11.2.3 above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name sue xxx or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, Landlord shall determine in Landlord's sole discretion. "Rent" shall not include any revenue or income received by Tenant from any third party pursuant to any "co-location" agreement or any waiver of, any consent other agreement or arrangement whereby such party compensates Tenant for use of Landlord required under this Section 11or connection to Tenant's equipment located on the Premises.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant, subject to applicable cure periods, or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as subtenants. In the event of a permitted TransfereeDefault by Tenant, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent Landlord shall have all rights provided by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator in the Building, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant shall not operate to vest in the person so named any right or interest in this Lease or in and by law, and Landlord may, upon re-entry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and ------------------ confers upon Landlord, as security for Tenant’s interest in 's obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord's application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant's obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default, subject to applicable cure periods, by Tenant or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord's own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, toward Tenant's obligations under this Lease. Landlord's collection of such collection or application rents shall be deemed a waiver of any of Landlord’s rights or remedies hereunder, or the not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon reentry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord's sole discretion.
Appears in 1 contract
Collection of Rent. If Tenant hereby irrevocably gives to and confers upon Landlord, as security for Tenant’s interest in obligations under this Lease is assignedLease, Landlord may elect the right, power and authority to collect Rent directly all rents from the assignee. If the Premises or any part thereof is sublet or used or occupied by anyone other than Tenant, Landlord may, after any Default(s) by Tenant (or if Tenant becomes insolvent or rejects this Lease or any relevant sublease under section 365 of the Bankruptcy Code), collect from the subtenant or occupant all amounts due from such party to Tenant. Tenant hereby authorizes and directs any assignee or subtenant (of all or any part of the Premises as permitted by this Paragraph 24, or otherwise, and Landlord, as assignee of Tenant, or a “Transferee”) to make payments of receiver for Tenant appointed on Landlord’s application, may collect such rent or other consideration directly to Landlord upon receipt and apply it toward Tenant’s obligations under this Lease; provided, however, that until the occurrence of any notice from Landlord requesting Default by Tenant or except as provided by the provisions of Paragraph 24.2(c) above, Tenant shall have the right to collect such actionrent. Upon the occurrence of any Default by Tenant, Landlord may apply all at any time without notice in Landlord’s own name xxx for or otherwise collect such amounts collected to Rent rent, including rent past due or coming due hereunderand unpaid, and no such collection or application shall be deemed a waiver apply the same, less costs and expenses of any of operation and collection, including reasonable attorneys’ fees, toward Tenant’s obligations under this Lease. Landlord’s rights or remedies hereunder, or the collection of such rents shall not constitute an acceptance by Landlord of attornment by such party as a permitted Transferee, or the release of Tenant or any Guarantor from any of its obligations under or in connection with this Lease. The consent by Landlord to any Transfer shall not relieve Tenant from obtaining the express written consent of Landlord to any other Transfer. The listing of any name other than that of Tenant on any door of the Premises or on any directory or in any elevator subtenants; in the Buildingevent of a Default by Tenant, or otherwise, or the acceptance of Rent for the Premises from any entity other than Tenant Landlord shall not operate to vest in the person so named any right or interest in have all rights provided by this Lease or in and by law, and Landlord may, upon reentry and taking possession of the Premises, eject all parties in possession or be deemed to constituteeject some and not others, or serve eject none, as a substitute for, or any waiver of, any consent of Landlord required under this Section 11shall determine in Landlord’s sole discretion.
Appears in 1 contract