Common use of COVENANTS OF TENANT Clause in Contracts

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lender. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant agrees for the benefit of Lender that, so long as the Mortgage remains a lien upon the Mortgaged Property, Tenant will not: (i) pay any rent more than 30 days in advance of accrual, except for prepayments of additional rent made on account of operating expenses and real estate taxes in accordance with the terms of the Lease; (ii) surrender the Tenant's estate under the Lease, other than by exercise of Tenant's express rights under the Lease; (iii) enter into any modification or amendment to the terms of the Lease except for (a) any amendment or modification specifically contemplated by the terms of the Lease, including, without limitation, amendments or modifications entered into in connection with Tenant's expansion and contraction rights; and (b) any amendment or modification that is of an administrative nature relating to the ordinary course of operation of the Building that does not purport to be amendments or modifications of the Lease and do not materially adversely affect the rights of Landlord, Lender or Purchaser provided that Tenant and/or Landlord shall pay have given Lender or Purchaser provided at least ten business days prior notice thereof. In the event that Tenant, without Lender's consent, enters into any modification or amendment of the Lease that is not of a type specified in clause (a) or (b) above, this Agreement will continue to be in full force and effect, except that neither Lender nor Purchaser shall be bound by such amendment or modification; or (iv) expressly consent to termination of the Lease by the Landlord thereunder other than a termination by the Landlord pursuant to the express provisions of the Lease. (b) If any act or omission of Landlord would give Tenant the right, immediately or after notice or lapse of a period of the time or both, to cancel or terminate the Lease or to claim a partial or total eviction or constructive eviction, Tenant shall give written notice of such act or omission to Lender all rent simultaneously with the giving of any notice thereof to Landlord as required under the Lease and other payments otherwise payable Tenant shall not exercise such right until: (i) Tenant has given written notice of such act or omission to Landlord and, concurrently therewith, to Lender; and (ii) Landlord shall have failed to cure the same within the time limits set forth in the Lease; and (iii) Lender or the Purchaser (if the Purchaser is not Lender) shall have failed to remedy such act or omission within the cure period available to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lenderplus 15 days. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a __ release and discharge of all liability of Tenant to Landlord for any such payments made to Lender. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) § 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lender. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s 's prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) ss. 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s 's. obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s 's prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lender. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s 's prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 1 I U.S.C. (S) ss. 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s 's obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s 's prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender as follows: (a) Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from Lender. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lender. (b) Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without Lender’s 's prior written consent. (c) Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, or other security instrument without the prior written consent of Lender. (d) In the event the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) 365(h), as amended. (e) Tenant shall not accept any waiver or release of Tenant’s 's obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without Lender’s 's prior written consent. (f) Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter the Premises and cure the default.

COVENANTS OF TENANT. Tenant covenants and agrees with Lender Xxxxxx as follows: (a) 5.1 Upon written demand from Lender which is also sent to Landlord, Tenant shall pay to Lender all rent and other payments otherwise payable to Landlord under the Lease upon written demand from LenderLease. The consent and approval of Landlord to this Agreement shall constitute an express authorization for Tenant to make such payments to Lender and a release and discharge of all liability of Tenant to Landlord for any such payments made to Lender, and Landlord agrees that Tenant shall have the right to rely on any such notice from Lender without incurring any obligation or liability to Landlord, and Tenant is hereby instructed to disregard any notice to the contrary received from Landlord or any third party. All such payments made by Tenant to Lender shall be credited to installments of rent otherwise payable to Landlord under the Lease. (b) 5.2 Tenant shall enter into no material amendment or modification of any of the provisions of the Lease without LenderXxxxxx’s prior written consent. (c) 5.3 Tenant shall not subordinate its rights under the Lease to any other mortgage, deed of trust, trust or other security instrument without the prior written consent of Lender. (d) In the event 5.4 If the Lease is rejected or deemed rejected in any bankruptcy proceeding with respect to Landlord, Tenant shall not exercise its option to treat the Lease as terminated under 11 U.S.C. (S) § 365(h), as amended. (e) 5.5 Tenant shall not accept any waiver or release of Tenant’s obligations under the Lease by Landlord, or any termination of the Lease by Landlord, without LenderXxxxxx’s prior written consent. (f) 5.6 Tenant shall promptly deliver written notice to Lender of any default by Landlord under the Lease. Lender shall have the right to cure such default within thirty (30) days after the receipt of such notice. Tenant Xxxxxx further agrees not to invoke any of its remedies under the Lease until the thirty (30) days have elapsed, or during any period that Lender is proceeding to cure the default with due diligence, or is attempting to obtain the right to enter obtain the Premises Property and cure the default.