Common use of Conditions Precedent to New Lease Clause in Contracts

Conditions Precedent to New Lease. The provisions of Sections 31.6(i)(i) and 31.6(i)(ii) hereof notwithstanding, a Recognized Mortgagee shall have no right to continue this Lease unless the Recognized Mortgagee pays to Landlord, concurrently with the delivery of the Continuation Notice, all amounts due to Landlord under this Lease up to and including the date of the Continuation Notice and all expenses, including reasonable attorneys’ fees and disbursements and court costs, incurred by Landlord in connection with (1) the enforcement of Landlord’s rights and remedies with respect to all defaults or Events of Default in existence at the time of the Termination Notice, and (2) the review of any assignments and other instruments or documents prepared in connection with the Recognized Mortgagee’s election, nor shall the Recognized Mortgagee have the right to such new lease if by order of a court of competent jurisdiction the parties are not entitled to continue this Lease and effect the assignment thereof to the Recognized Mortgagee. To the extent not set forth in the notice given to the Recognized Mortgagee pursuant to Section 31.6(a) hereof, Landlord agrees to notify the Recognized Mortgagee, concurrently with the delivery of such new lease, of any unperformed Obligations of, and/or defaults by, Tenant, which, to the best of Landlord’s knowledge, then exist.

Conditions Precedent to New Lease. The provisions of Sections 31.6(i)(i) and 31.6(i)(iiSection 31.6(b) hereof notwithstanding, Landlord is not obligated to enter into a new lease with a Recognized Mortgagee shall have no right to continue this Lease Mortgagee: (i) unless the Recognized Mortgagee pays to Landlord, concurrently with the execution and delivery of the Continuation Noticesuch new lease, all amounts Charges due to Landlord under this Lease up to and including the date of the Continuation Notice commencement of such new lease and all expenses, including reasonable 152 attorneys’ fees and disbursements and court costs, incurred by Landlord in connection with (1A) the enforcement of Landlord’s rights and remedies with respect to all defaults or Events of Default in existence at the time of the Termination Noticetermination of the Lease (to the extent set forth in the notice to be delivered pursuant to Section 31.6(a) hereof), (B) the termination of this Lease and (2C) the review preparation of any assignments and other instruments or documents prepared such new lease; (ii) unless Landlord concurrently receives an assumption in connection with the writing by such Recognized Mortgagee, its designees or nominee of Tenant’s electionobligations, nor shall if any, under the Recognized Mortgagee have the right Project Documents; and (iii) if Landlord is not then allowed to enter into such new lease if by order of a court of competent jurisdiction the parties are not entitled to continue this Lease and effect the assignment thereof to the Recognized Mortgageejurisdiction. To the extent not set forth in the notice given to the Recognized Mortgagee pursuant to Section 31.6(a) hereof, Landlord agrees to notify the Recognized Mortgagee, concurrently with the delivery giving of such new lease, of any unperformed Obligations of, and/or defaults by, Tenant, which, to the best of Landlord’s knowledge, then exist.

Conditions Precedent to New Lease. The provisions of Sections SECTIONS 31.6(i)(i) and 31.6(i)(ii) hereof notwithstanding, a Recognized Mortgagee shall have no right to continue this Lease unless the Recognized Mortgagee pays to Landlord, concurrently with the delivery of the Continuation Notice, all amounts due to Landlord under this Lease up to and including the date of the Continuation Notice and all expenses, including reasonable attorneys’ ' fees and disbursements and court costs, incurred by Landlord in connection with (1) the enforcement of Landlord’s 's rights and remedies with respect to all defaults or Events of Default in existence at the time of the Termination Notice, and (2) the review of any assignments and other instruments or documents prepared in connection with the Recognized Mortgagee’s 's election, nor shall the Recognized Mortgagee have the right to such new lease if by order of a court of competent jurisdiction the parties are not entitled to continue this Lease and effect the assignment thereof to the Recognized Mortgagee. To the extent not set forth in the notice given to the Recognized Mortgagee pursuant to Section SECTION 31.6(a) hereof, Landlord agrees to notify the Recognized Mortgagee, concurrently with the delivery of such new lease, of any unperformed Obligations of, and/or defaults by, Tenant, which, to the best of Landlord’s 's knowledge, then exist.

Conditions Precedent to New Lease. The provisions of Sections 31.6(i)(i) and 31.6(i)(iiSECTION 31.6(b) hereof notwithstanding, Landlord is not obligated to enter into a new lease with a Recognized Mortgagee shall have no right to continue this Lease Mortgagee: (i) unless the Recognized Mortgagee pays to Landlord, concurrently with the execution and delivery of the Continuation Noticesuch new lease, all amounts Charges due to Landlord under this Lease up to and including the date of the Continuation Notice commencement of such new lease and all expenses, including reasonable attorneys’ ' fees and disbursements and court costs, incurred by Landlord in connection with (1A) the enforcement of Landlord’s 's rights and remedies with respect to all defaults or Events of Default in existence at the time of the Termination Noticetermination of the Lease (to the extent set forth in the notice to be delivered pursuant to SECTION 31.6(a) hereof), (B) the termination of this Lease and (2C) the review preparation of any assignments and other instruments or documents prepared such new lease; (ii) unless Landlord concurrently receives an assumption in connection with the writing by such Recognized Mortgagee’s election, nor shall its designees or nominee of Tenant's obligations, if any, under the Recognized Mortgagee have the right Project Documents; and (iii) if Landlord is not then allowed to enter into such new lease if by order of a court of competent jurisdiction the parties are not entitled to continue this Lease and effect the assignment thereof to the Recognized Mortgageejurisdiction. To the extent not set forth in the notice given to the Recognized Mortgagee pursuant to Section SECTION 31.6(a) hereof, Landlord agrees to notify the Recognized Mortgagee, concurrently with the delivery giving of such new lease, of any unperformed Obligations of, ; and/or defaults by, Tenant, which, to the best of Landlord’s 's knowledge, then exist.