Escrows and Application of Payments. As security for the ----------------------------------- performance of its obligations hereunder, Tenant hereby assigns to Landlord all its right, title and interest in and to all monies escrowed with Landlord under this Lease and all deposits with utility companies, taxing authorities, and insurance companies; provided, however, that Landlord shall not exercise its rights hereunder with respect to any Leased Property until an Event of Default has occurred in respect of such Leased Property. Any payments received by Landlord under any provisions of this Lease during the existence, or continuance of an Event of Default shall be applied to Tenant's obligations, first, to delinquent real estate taxes, unless such taxes are being protested in good faith and no lien has attached to any Leased Property with respect thereto, second, to currently due and owing real estate taxes, and next, to other Tenant's obligations in the order which Landlord may determine.
Appears in 8 contracts
Samples: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit)
Escrows and Application of Payments. As security for the ----------------------------------- performance of its obligations hereunder, Tenant hereby assigns to Landlord all its right, title and interest in and to all monies escrowed with Landlord under this Lease and all deposits with utility companies, taxing authorities, and insurance companies; provided, however, that Landlord shall not exercise its rights hereunder with respect to any Leased Property until an Event of Default has occurred in respect of such Leased Property. Any payments received by Landlord under any provisions of this Lease during the existence, or continuance of an Event of Default shall be applied to Tenant's obligations, first, to delinquent real estate taxes, unless such taxes are being protested in good faith and no lien has attached to any Leased Property with respect thereto, second, to currently due and owing real estate taxes, and next, to other Tenant's obligations in the order which Landlord may determine.
Appears in 5 contracts
Samples: Lease Agreement (Cross Continent Auto Retailers Inc M&l), Lease Agreement (Lithia Motors Inc), Lease Agreement (Capital Automotive Reit)
Escrows and Application of Payments. As security for the ----------------------------------- performance of its obligations hereunder, Tenant hereby assigns to Landlord all its right, title and interest in and to all monies escrowed with Landlord under this Lease and all deposits with utility companies, taxing authorities, and insurance companies; providedPROVIDED, howeverHOWEVER, that Landlord shall not exercise its rights hereunder with respect to any the Leased Property until an Event of Default has occurred in respect of such Leased Propertyoccurred. Any payments received by Landlord under any provisions of this Lease during the existence, existence or continuance of an Event of Default shall be applied to Tenant's obligations, first, ; first to delinquent real estate taxes, unless such taxes are being protested in good faith and no lien has attached to any the Leased Property with respect thereto, ; second, to currently due and owing real estate taxes, ; and next, to other Tenant's obligations in the order which Landlord may determine.
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Escrows and Application of Payments. As security for the performance ----------------------------------- performance of its obligations hereunder, Tenant hereby assigns to Landlord all its right, title and interest in and to all monies escrowed with Landlord under this Lease and all deposits with utility companies, taxing authorities, and insurance companies; provided, however, that Landlord shall not exercise its rights hereunder with respect to any Leased Property until an Event of Default has occurred in respect of such Leased Property. Any payments received by Landlord under any provisions of this Lease during the existence, or continuance of an Event of Default shall be applied to Tenant's obligations, first, to delinquent real estate taxes, unless such taxes are being protested in good faith and no lien has attached to any Leased Property with respect thereto, second, to currently due and owing real estate taxes, and next, to other Tenant's obligations in the order which Landlord may determine.
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