Consent of Mortgagee. Any transfer for which consent is required pursuant to any mortgage, deed of trust, security interest, or title retention interest affecting the Land, Building or Project (the “Mortgage”) shall not be effective unless and until such consent is given by the holder of any note or obligation secured by a Mortgage (the “Mortgagee”).
Consent of Mortgagee. Without the prior written consent of all Leasehold Mortgagees, neither this Lease nor the leasehold estate created by this Lease shall be surrendered, cancelled, modified or amended (except with respect to termination pursuant to any eminent domain proceedings concerning the whole of the Premises, as provided in Article VII below), unless the mortgagee has had an opportunity to cure any default of Lessee pursuant to Section 5.2 and has failed to do so. No agreement purporting to surrender, cancel, terminate, modify or amend this Lease without such consent shall be valid or effective.
Consent of Mortgagee. If:
(a) the residential premises or any part thereof is at the date of this agreement or subsequently becomes subject to a mortgage, charge or other encumbrance; and
(b) this agreement would otherwise not be binding upon the mortgagee, chargee or encumbrancee, the lessor must at its own expense and without delay obtain the unconditional consent in writing to this agreement from the said mortgagee, chargee or encumbrancee.
Consent of Mortgagee. In connection with Mortgagor, the Servicer shall be authorized to act on behalf of and for the benefit of Mortgagee and the holders of the Notes. The initial Servicer is Northwestern Mutual and Mortgagor shall be given prior written notice by Northwestern Mutual and New York Life in the event of a change in the identity of the Servicer. All submissions, notices and requests for approvals, waivers or consents required to be made or obtained by Mortgagor, or given by Mortgagee, shall be made or obtained solely from, or given solely by, the Servicer, but a copy of all submissions, notices and requests for approvals, waivers or consents (together with supporting materials) shall be delivered to the holder of each of the Notes of which Mortgagor has notice (except to the extent that the holder of a Note is also the Servicer). Mortgagor shall be entitled to rely on any actions taken or consents, approvals and waivers granted by the Servicer as being taken in accordance with the terms of any servicing agreement between the Servicer and Mortgagee and the holders of the Notes, and pursuant to authority from Mortgagee and the holders of the Notes, and any actions taken or consents, approvals and waivers granted by the Servicer shall be binding upon and enforceable against Mortgagee and the holders of the Notes.
Consent of Mortgagee. Except as may be specifically provided for herein, whenever the consent or approval of the Mortgagee is required, the decision whether to consent or approve shall be in the sole and absolute discretion of the Mortgagee.
Consent of Mortgagee. The Developer warrants to the Council that it has obtained and is in possession of a written consent from the mortgagee in which the mortgagee consents to:
(a) the Developer entering into and performing its obligations under this Agreement and the lodgement of a caveat by the Council notifying its interest in the relevant folio of the register for the Land under the Real Property Xxx 0000 and agrees that;
(b) it will only exercise its rights under any mortgage, charge, lien, trust, power or retention of deposit arrangement in relation to the Land subject to the rights of Council and promptly upon request lodge at Land & Property information the relevant Certificate(s) of Title to enable registration of this Agreement under the Real Property Act in the relevant folios of the register of the Land.
Consent of Mortgagee. (a) The Customer will ensure that it obtains the consent of any mortgagee or chargee over the premises or the equipment to the terms of this Agreement within three (3) business days of the commencement date.
Consent of Mortgagee. Landlord and Tenant each covenant and agree that so long as there is in effect any collateral assignment of Landlord's rights under this Lease to any Landlord's Mortgagee, none of the following actions shall be taken without the prior written consent of Landlord's Mortgagee in each instance:
(a) This Lease will not be modified, altered or amended in any way (except as may be permitted in any Landlord's Mortgage);
(b) Xxxxxxxx and Xxxxxx will not agree to a cancellation of this Lease, nor will Tenant surrender its rights hereunder to Landlord (except in instances wherein the right to do so is expressly granted to Tenant under the other terms and provisions of this Lease);
(c) Landlord will not convey its fee interest in the Leased Premises to Tenant in a manner which will result in merger, nor take any other action which would result in merger, of Landlord's estate in the Leased Premises with Xxxxxx's leasehold under this Lease, unless, at the time of such conveyance, Tenant assumes in writing any unpaid balance owing and to become owing to any Landlord's Mortgagee which is secured by a collateral assignment of this Lease; but this does not prohibit an assignment of Xxxxxxxx's estate to Tenant by assignment specifically made subject to this Lease; and
(d) Tenant will not prepay, and Landlord will not accept prepayment of any installment or payment of rent more than thirty (30) days in advance of the due date thereof.
Consent of Mortgagee. No amendment, voluntary surrender or termination or modification of this Lease shall be valid or binding unless consented to in writing by the Mortgagee. The Mortgagee shall be a third party beneficiary of all provisions of this Lease providing rights to the Mortgagee and such provisions shall be deemed to have been entered into for the benefit of the Mortgagee and shall be enforceable by the Mortgagee.
Consent of Mortgagee. 11.1 The Lessor shall, at its own expense, procure the consent of any mortgagee of the Premises, which consent shall be in a form reasonably acceptable to the Lessee and which shall:
(a) continue in respect of any extension or renewal of the Term;
(b) acknowledge the right of the Lessee to remove its fixtures and fittings; and
(c) not impose any additional obligations on the Lessee.
