Common use of Confirming Documentation Clause in Contracts

Confirming Documentation. Landlord shall, upon request, execute, acknowledge and deliver to each leasehold mortgagee an agreement prepared at the sole cost and expense of Xxxxxx, in form satisfactory to the leasehold mortgagee and to Landlord, between Landlord, Tenant and the leasehold mortgagee confirming the provisions of this Section. Any additional reasonable costs incurred by Landlord in connection with the agreement, including reasonable attorneys’ fees, shall be paid by Tenant or the leasehold mortgagee. The term “mortgage,” as used in this Section, shall include deeds of trust and/or whatever security instruments are used in the Commonwealth of Kentucky from time to time, as well as financing statements, security agreements and other documentation required pursuant to the Uniform Commercial Code.

Confirming Documentation. Landlord shall, upon request, execute, acknowledge and deliver to each leasehold mortgagee an agreement prepared at the sole cost and expense of XxxxxxTenant, in form satisfactory to the leasehold mortgagee and to Landlord, between Landlord, Tenant and the leasehold mortgagee confirming the provisions of this Section. Any additional reasonable costs incurred by Landlord in connection with the agreement, including reasonable attorneys’ fees, shall be paid by Tenant or the leasehold mortgagee. The term “mortgage,” as used in this Section, shall include deeds of trust and/or whatever security instruments are used in the Commonwealth of Kentucky from time to time, as well as financing statements, security agreements and other documentation required pursuant to the Uniform Commercial Code.