Common use of Enforcement of Leases Clause in Contracts

Enforcement of Leases. Mortgagor shall (a) submit any and all proposed Leases (including subleases provided to Mortgagor for approval) to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee true and complete copies of all Leases; and (g) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's prior written consent, Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 12 contracts

Samples: Mortgage (Progress Precision Inc.), Progress Precision Inc., Progress Precision Inc.

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Enforcement of Leases. Mortgagor Trustor shall (a) submit any and all proposed Leases (including subleases provided to Mortgagor Trustor for approval) to Mortgagee Beneficiary for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee Beneficiary with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee Beneficiary with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee Beneficiary true and complete copies of all Leases; and (g) deliver to Mortgagee Beneficiary all such further information, and execute and deliver to Mortgagee Beneficiary such further assurances and assignments, with respect to the Leases as Mortgagee Beneficiary may from time to time reasonably request. Without MortgageeBeneficiary's prior written consent, Mortgagor Trustor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 6 contracts

Samples: Lakes Entertainment Inc, Lakes Entertainment Inc, Lakes Entertainment Inc

Enforcement of Leases. Mortgagor shall (a) submit any and all proposed Leases which individually grant the use of more than 3,000 square feet (including any subleases which individually grant the use of more than 3,000 square feet) provided to Mortgagor for approval) approval to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee true and complete copies of all Leases; and (g) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's prior written consent, Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modifymodify any of the Leases so as to reduce the length of the Lease terms or the Rents due thereunder, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 2 contracts

Samples: Financing Agreement (Lakes Entertainment Inc), Lakes Entertainment Inc

Enforcement of Leases. Mortgagor Trustor shall (a) submit any and all proposed material Leases that affect the Trustor’s operations on the Trust Property (including subleases provided to Mortgagor Trustor for approval) to Mortgagee Beneficiary for approval prior to the execution thereof or consent thereto, as applicable, such consent not to be unreasonably conditioned, withheld or delayed; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) except for a termination right granted to a tenant pursuant to the terms of a Lease, maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee Beneficiary with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee Beneficiary with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee Beneficiary true and complete copies of all Leases; and (g) deliver to Mortgagee Beneficiary all such further information, and execute and deliver to Mortgagee Beneficiary such further assurances and assignments, with respect to the Leases as Mortgagee Beneficiary may from time to time reasonably request. Without Mortgagee's Beneficiary’s prior written consent, Mortgagor which consent shall not be unreasonably withheld with respect to clause (iv) below, Trustor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 2 contracts

Samples: Security Agreement and Fixture Filing (Gsi Group Inc), Security Agreement and Fixture (Gsi Group Inc)

Enforcement of Leases. Mortgagor shall So long as the License is in effect, Grantor shall: (a) submit any and all proposed Leases (including subleases provided utilizing other than the form approved by Beneficiary pursuant to Mortgagor for approval) the Loan Agreement to Mortgagee Beneficiary for approval prior to the execution thereof thereof, which approval shall not be unreasonably withheld or consent thereto, as applicabledelayed; (b) duly and punctually perform and comply with any and all representations, warranties, covenants covenants, and agreements expressed as binding upon the lessor under any LeaseLease except as may be limited by Grantor’s ordinary course of business; (c) maintain each Lease of the Leases in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (e) deliver to Beneficiary copies of all Leases if and as requested by Beneficiary; and (f) deliver to Mortgagee true and complete copies of all Leases; and (g) deliver to Mortgagee all Beneficiary such further information, and execute and deliver to Mortgagee Beneficiary such further assurances and assignments, with respect to the Leases as Mortgagee Beneficiary may from time to time reasonably request. Without Mortgagee's Beneficiary’s prior written consent, Mortgagor which approval shall not be unreasonably withheld or delayed, Grantor shall not: (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the LeasesLeases except in the ordinary course of business; or (v) assign or grant a security interest in or to the License or any of the Leases or and/or Rents. Nonmaterial modifications to existing leases need not be approved in advance by Beneficiary.

Appears in 1 contract

Samples: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)

Enforcement of Leases. Mortgagor Trustor shall (a) submit any and all proposed Leases (including subleases provided to Mortgagor Trustor for approval) to Mortgagee Beneficiary for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee Beneficiary with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee Beneficiary with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee Beneficiary true and complete copies of all Leases; and (g) deliver to Mortgagee Beneficiary all such further information, and execute and deliver to Mortgagee Beneficiary such further assurances and assignments, with respect to the Leases as Mortgagee Beneficiary may from time to time reasonably request. Without MortgageeBeneficiary's prior written consent, Mortgagor Trustor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.;

Appears in 1 contract

Samples: Lakes Entertainment Inc

Enforcement of Leases. Mortgagor shall (a) with respect to Leases to which a non- affiliate of Mortgagor is a party, submit any and all proposed Leases (including subleases provided to Mortgagor for approval) to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable, any and all proposed Leases (including subleases provided to Mortgagor for approval) for any portion of the Land that exceeds five thousand (5,000) square feet; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any LeaseLease in all material respects; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of a material default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (ed) appear in and defend any action or proceeding in any manner connected with any of the Leases; (fe) deliver to Mortgagee true and complete copies of all Leases; and (gf) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's ’s prior written consentconsent (which consent shall not be unreasonably withheld or delayed), Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modifymodify any material term of any Lease, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Ascendia Brands, Inc.)

Enforcement of Leases. Mortgagor shall (a) submit any and all proposed Leases (including subleases provided to Mortgagor for approval) entered into after the date hereof to Mortgagee for approval prior to the execution thereof or consent thereto, as applicablethereof; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease of the Leases in full force and effect during the term thereof; , (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (fe) deliver to Mortgagee true and complete copies of all Leases; and (gf) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's prior written consent, Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modifyamend, or accept the surrender of modify or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 1 contract

Samples: Iron Age Corp

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Enforcement of Leases. Mortgagor shall (a) with respect to Leases to which a non-affiliate of Mortgagor is a party, submit any and all proposed Leases (including subleases provided to Mortgagor for approval) to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable, any and all proposed Leases (including subleases provided to Mortgagor for approval) for any portion of the Land that exceeds five thousand (5,000) square feet; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any LeaseLease in all material respects; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of a material default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (ed) appear in and defend any action or proceeding in any manner connected with any of the Leases; (fe) deliver to Mortgagee true and complete copies of all Leases; and (gf) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's ’s prior written consentconsent (which consent shall not be unreasonably withheld or delayed), Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or modifymodify any material term of any Lease, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 1 contract

Samples: Ascendia Brands, Inc.

Enforcement of Leases. Mortgagor So long as the License is in effect, Grantor shall (ai) submit any and all proposed Leases utilizing other than the form approved by Beneficiary pursuant to the Loan Agreement (including subleases provided to Mortgagor the master lease and sublease utilized for approvaltemporary executive apartment leases to) to Mortgagee Beneficiary for approval prior to the execution thereof thereof, which approval shall not be unreasonably withheld or consent theretodelayed, as applicable; (bii) duly and punctually perform and comply with any and all representations, warranties, covenants covenants, and agreements expressed as binding upon the lessor under any Lease; Lease except as may be limited by Grantor's ordinary course of business, (ciii) maintain each Lease of the Leases in full force and effect during the term thereof; , (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (eiv) appear in and defend any action or proceeding in any manner connected with any of the Leases; , (fv) deliver to Mortgagee true and complete Beneficiary copies of all Leases; Leases if and as requested by Beneficiary, and (gvi) deliver to Mortgagee all Beneficiary such further information, and execute and deliver to Mortgagee Beneficiary such further assurances and assignments, with respect to the Leases as Mortgagee Beneficiary may from time to time reasonably request. Without MortgageeBeneficiary's prior written consent, Mortgagor which approval shall not be unreasonably withheld or delayed, Grantor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; , (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; , (iii) discount any future accruing Rents; , (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the Leases; Leases except in the ordinary course of business, or (v) assign or grant a security interest in or to the License or any of the Leases or and/or Rents. Non-material modifications In existing leases need not be approved in advance by Beneficiary.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Healthtech International Inc)

Enforcement of Leases. Mortgagor shall (a) submit any and all proposed Leases (including subleases provided to Mortgagor for approval) to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee true and complete copies of all Leases; and (g) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's ’s prior written consent, Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents, other than in the ordinary course of business; (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

Enforcement of Leases. Mortgagor shall (a) submit any and all proposed Leases (including including, without limitation, subleases provided to Mortgagor for approval) to Mortgagee for approval prior to the execution thereof or consent thereto, as applicable; (b) duly and punctually perform and comply with any and all representations, warranties, covenants and agreements expressed as binding upon the lessor under any Lease; (c) maintain each Lease in full force and effect during the term thereof; (d) provide Mortgagee with prompt notice of each notice of default sent to a tenant under a Lease, provide Mortgagee with prompt notice of each notice of default received from (or relating to) a tenant under a Lease, and otherwise promptly notify Mortgagee of any and all conditions or facts, as and when known to Mortgagor, that reasonably indicate that a material default or termination of a Lease may occur (other than by reason of the expiration of the term of such Lease); (e) appear in and defend any action or proceeding in any manner connected with any of the Leases; (f) deliver to Mortgagee true and complete copies of all Leases; and (g) deliver to Mortgagee all such further information, and execute and deliver to Mortgagee such further assurances and assignments, with respect to the Leases as Mortgagee may from time to time reasonably request. Without Mortgagee's ’s prior written consent, Mortgagor shall not (i) do or knowingly permit to be done anything to materially impair the value of any of the Leases; (ii) except for security or similar deposits, collect any of the Rent more than one (1) month in advance of the time when the same becomes due under the terms of any Lease; (iii) discount any future accruing Rents; (iv) materially amend or amend, modify, or accept the surrender of or terminate any of the Leases; or (v) assign or grant a security interest in or to the License or any of the Leases or Rents.

Appears in 1 contract

Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc)

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