Election To Declare Lease Superior. If any mortgagee, receiver or other secured party elects to have this Lease and the interest of Lessee hereunder, be superior to any Mortgage and evidences such election by notice given to Lessee, then this Lease and the interest of Lessee hereunder shall be deemed superior to any such Mortgage, whether this Lease was executed before or after such Mortgage and in that event such mortgagee, receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of such Mortgage and had been assigned to such mortgagee, receiver or other secured party.
Appears in 8 contracts
Samples: Master Lease Agreement, Master Lease Agreement (ARC Group, Inc.), Master Lease Agreement (21st Century Oncology Holdings, Inc.)
Election To Declare Lease Superior. If any mortgagee, receiver or other secured party elects to have this Lease and the interest of Lessee Tenant hereunder, be superior to any Mortgage and evidences such election by notice given to LesseeTenant, then this Lease and the interest of Lessee Tenant hereunder shall be deemed superior to any such Mortgage, whether this Lease was executed before or after such Mortgage and in that event such mortgagee, receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of such Mortgage and had been assigned to such mortgagee, receiver or other secured party.
Appears in 3 contracts
Samples: Master Lease Agreement (Party City Holdco Inc.), Master Lease Agreement (Bob Evans Farms Inc), Master Lease Agreement (Bob Evans Farms Inc)
Election To Declare Lease Superior. If any mortgagee, receiver or other secured party elects to have this Lease and the interest of Lessee hereunder, hereunder be superior to any Mortgage and evidences such election by notice given to Lessee, then this Lease and the interest of Lessee hereunder shall be deemed superior to any such Mortgage, whether this Lease was executed before or after such Mortgage and in that event such mortgagee, receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of such Mortgage and had been assigned to such mortgagee, receiver or other secured party.
Appears in 3 contracts
Samples: Lease Agreement (Four Corners Property Trust, Inc.), Revolving Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.)
Election To Declare Lease Superior. If any mortgageeLender, receiver or other secured party elects to have this Lease and the interest of Lessee Tenant hereunder, be superior to any Mortgage and evidences such election by notice given to LesseeTenant, then this Lease and the interest of Lessee Tenant hereunder shall be deemed superior to any such Mortgage, whether this Lease was executed before or after such Mortgage and in that event such mortgageeLender, receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of such Mortgage and had been assigned to such mortgageeLender, receiver or other secured party.
Appears in 3 contracts
Samples: Facility Lease Agreement (MedEquities Realty Trust, Inc.), Master Lease Agreement (MedEquities Realty Trust, Inc.), Master Lease Agreement (MedEquities Realty Trust, Inc.)
Election To Declare Lease Superior. If any mortgagee, receiver or other secured party elects to have this Lease Lease, and the interest of Lessee Tenant hereunder, be superior to any Mortgage and evidences such election by notice given to LesseeTenant, then this Lease and the interest of Lessee Tenant hereunder shall be deemed superior to any such Mortgage, whether this Lease was executed before or after such Mortgage and in that event such mortgagee, receiver or other secured party shall have the same rights with respect to this Lease as if it had been executed and delivered prior to the execution and delivery of such Mortgage and had been assigned to such mortgagee, receiver or other secured party.
Appears in 1 contract
Samples: Lease Agreement (Stryve Foods, Inc.)