Exercise of Lessor Rights. Lessee hereby acknowledges and agrees that the rights and powers of Lessor under this Lease have been assigned to the Agent pursuant to the terms of the Security Agreement and the other Operative Agreements. Lessor and Lessee hereby acknowledge and agree that (a) the Agent shall, in its discretion, direct and/or act on behalf of Lessor pursuant to the provisions of Sections 8.2(h) and 8.6 of the Participation Agreement, (b) all notices to be given to Lessor shall be given to the Agent and (c) all notices to be given by Lessor may be given by the Agent, at its election.
Exercise of Lessor Rights. The Lessee hereby acknowledges and agrees that the rights and powers of the Lessor under this Lease have been collaterally assigned to the Agent pursuant to the terms of the Security Agreement and the other Operative Agreements, and that the Lessor has encumbered the Properties by various Mortgage Instruments made by the Lessor in favor of the Agent, all as security for certain indebtedness and obligations described therein of the Lessor to the Agent, the Lenders and the Holders under the Operative Agreements. Lessee hereby consents to said assignment and said Mortgage Instruments in favor of the Agent and further acknowledges and agrees as follows:
(a) In the event that a court of competent jurisdiction rules that this Lease constitutes a mortgage, deed of trust, security deed or other secured financing as is the intent of the parties, then the Lessor and the Lessee agree that the Lessor's collateral assignment of this Lease to the Agent shall be deemed to be a collateral assignment of such mortgage, deed of trust, security deed or other secured financing, and the Agent as such collateral assignee shall be entitled to exercise any and all rights and remedies of the Lessor set forth herein during the existence of any Event of Default, including without limitation the Lessor's rights to obtain a receiver, to obtain possession of the Properties and the rents and revenues thereof, to foreclose this Lease, to sell the Lessee's interest in the Properties, and to exercise any other rights or remedies that may then be available to the Lessor under applicable law on account of such Event of Default.
(b) Lessee's interest in the Properties is junior and subordinate to the lien of any Mortgage Instruments made by the Lessor in favor of the Agent against the respective Properties from time to time in connection with the Operative Agreements; provided, however, that for so long as no Event of Default shall have occurred and be continuing, (i) the Agent shall not disturb Lessee's possession of the Properties through any foreclosure or other remedial action against the Properties under any Mortgage Instrument, and (ii) if Lessor's interest in any Property shall be transferred to any Person other than the Lessee as the result of the Agent's foreclosure or other remedial action under any Mortgage Instrument, the Lessee shall (upon request of the Agent) attorn to such transferee and recognize the transferee as the Lessee's landlord under this Lease.
(c) During the existenc...
Exercise of Lessor Rights. Lessee hereby acknowledges and agrees that the rights and powers of Lessor under this Lease have been assigned to the Agent pursuant to the terms of the Security Agreement and the other Operative Agreements.
Exercise of Lessor Rights. 37 30.13 Submission To Jurisdiction; Waivers................................................................................ 37 30.14 USURY SAVINGS PROVISION............................................................................................ 38 EXHIBITS -------- EXHIBIT A - Lease Supplement No. ___ EXHIBIT B - Memorandum of Lease and Lease Supplement No.___ LEASE AGREEMENT --------------- (Capital One Services, Inc.) (Tax Retention Operating Lease Agreement) THIS LEASE AGREEMENT (Capital One Services, Inc.) (Tax Retention Operating Lease) (as amended, supplemented or modified from time to time, this "Lease"), ----- dated as of September 3, 1999, is between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, having its principal office at 00 Xxxxx Xxxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx 00000, not individually, but solely as Owner Trustee under the Capital One Realty Trust 1998-1, as lessor (the "Lessor"), and CAPITAL ONE SERVICES, INC., a Delaware corporation, having its ------ principal place of business at 0000 Xxxxxxxx Xxxx Xxxxx, Xxxxx 0000, Xxxxx Xxxxxx, XX 00000, as lessee (the "Lessee"). ------
Exercise of Lessor Rights. Lessee hereby acknowledges and agrees that the rights and powers of Lessor under this Lease have been assigned to the Bank pursuant to the terms of the Security Agreement and the other Operative Agreements. Lessor and Lessee hereby acknowledge and agree that (a) the Bank shall, in its discretion, direct and/or act on behalf of Lessor pursuant to the provisions of Sections 8.2(h) and 8.6 of the Participation Agreement, (b) all notices to be given to Lessor shall be given to the Bank and (c) all notices to be given by Lessor may be given by the Bank, at its election.
Exercise of Lessor Rights. 39 30.13 SUBMISSION TO JURISDICTION; VENUE; ARBITRATION................ 39 30.14 USURY SAVINGS PROVISION....................................... 39 EXHIBITS EXHIBIT A - Lease Supplement No. ____ EXHIBIT B - Memorandum of Lease and Lease Supplement No. ____ LEASE AGREEMENT THIS LEASE AGREEMENT dated as of June 2, 1999 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Lease") is between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, having its principal office at 79 South Main Street, Salt Lake Cixx, Xxxx 00000, xxx xxxxxxxxxxxx, xxx xxxxxx xs the Owner Trustee under the DTSD Realty Trust 1999-1, as lessor (the "Lessor"), and DOLLAR TREE DISTRIBUTION, INC., a Virginia corporation, having its principal place of business at 500 Volvo Parkway, Chesapeake, Xxxxxxxx 00000, xx xxxxxx (xxx "Xxxxxx").
Exercise of Lessor Rights. 42 30.13 SUBMISSION TO JURISDICTION; VENUE; ARBITRATION.................................................43 30.14
Exercise of Lessor Rights. 42 30.13 SUBMISSION TO JURISDICTION; VENUE..................................................................42 30.14 USURY SAVINGS PROVISION............................................................................42 EXHIBITS EXHIBIT A - Lease Supplement No. ____ EXHIBIT B - Memorandum of Lease and Lease Supplement No. ____ LEASE AGREEMENT THIS LEASE AGREEMENT dated as of February 26, 2001 (as amended, modified, extended, supplemented, restated and/or replaced from time to time, this "Lease") is between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, having its principal office at 79 Sxxxx Xxxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx 00000, xx Owner Trustee under the Storage Centers Trust 2001, as lessor (the "Lessor"), and SHURGARD STORAGE CENTERS, INC., a Washington corporation, having its principal place of business at 1155 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx, 00000, xx lessee (the "Lessee").
Exercise of Lessor Rights. Lessee hereby acknowledges and agrees that the rights and powers of Lessor under this Lease have been assigned to the Agent pursuant to the terms of the Security Agreement and the other Operative Agreements. Lessor and Lessee hereby acknowledge and agree that (a) the Agent shall, in its discretion, direct and/or act on behalf of Lessor pursuant to the provisions of Sections 8.2(e) and 8.6 of the Participation Agreement, (b) all notices to be given to Lessor shall be given to the Agent and (c) all notices, consents or approvals to be given by Lessor shall be given by the Agent on behalf of Lessor, and Lessee shall be entitled to rely thereon.
Exercise of Lessor Rights. 40 EXHIBITS EXHIBIT A Lease Supplement No. __ .................................................................. 43 EXHIBIT B Other Names And Locations of Lessee....................................................... 53 EXHIBIT C-1 Form of Memorandum of Lease............................................................... 54 EXHIBIT C-2 Form of Memorandum of Lease and Lease Supplement.......................................... 55 LEASE AGREEMENT THIS LEASE AGREEMENT (as amended, supplemented or modified from time to time, this "Lease"), dated as of June 19, 1997, is between FIRST SECURITY BANK, NATIONAL ASSOCIATION, a national banking association, having its principal office at 79 Sxxxx Xxxx Xxxxxx, Xxxx Xxxx Xxxx, Xxxx 00000, xxt individually, but solely as Owner Trustee under the Wackenhut Corrections Trust 1997-1, as lessor (the "Lessor"), and WACKENHUT CORRECTIONS CORPORATION, a Florida corporation, having its principal place of business at 4200 Xxxxxxxxx Xxxxx, #000, Xxxx Xxxxx Xxxxxxx, Xxxxxxx 00000-0000 xx lessee (the "Lessee") provided that in the case of a Property with an alternate Lessee, as described in Section 2.5 below, such alternate Lessee shall also be deemed a "Lessee" with respect to such Property).
