Existing Leases. In addition to the representations and warranties --------------- set forth in the Absolute Assignment, Mortgagor represents and warrants to Mortgagee that, as of the date of this Mortgage and as to each existing Lease: (i) the Lease has been duly executed by the lessor and lessee thereunder, is in full force and effect and is valid, binding and enforceable against each of said parties in accordance with its terms; (ii) a complete copy of each commercial lease has been delivered to the Mortgagee and is a true, correct and complete copy of the entire Lease; (iii) neither the lessor nor the lessee has failed to comply with any obligation imposed upon such party thereunder except such lessees as are listed on Exhibit C annexed to the Absolute Assignment of Rents and Leases executed on this date by Mortgagor; (iv) neither the Lease, nor any Rents payable thereunder, have heretofore been sold, assigned, transferred or set over by any instrument now in force, nor, unless indicated to the contrary in the Assignment, is the Lease other than a direct lease from Mortgagor, or its predecessor in interest to a lessee; (v) no installment of Rents has been paid more than thirty (30) days prior to the due date for such installment; (vi) the lessee does not have and has not claimed any defense, abatement, deduction, offset, claim or counterclaim affecting the payment of Rents or compliance with the lessee's other obligations thereunder, and all Rents provided for in the Lease are currently being collected free thereof and without any violation of any law or other governmental regulation or requirement; (vii) the Lease contains no option to buy or right of first refusal with respect to an offer to sell the Mortgaged Property or any part thereof; (viii) Mortgagor has the sole and unconditional right and power to sell, assign, transfer and set over the Lease to Mortgagee and to confer upon Mortgagee the rights, interests, power and authority herein granted and conferred; and (ix) the Lease is, by its express terms, unconditionally subject and subordinate to the lien of this Mortgage or, in the case of the residential Leases, subject to the provisions of the Private Housing Finance Law.
Existing Leases. To Seller’s knowledge, (i) other than the Leases listed in the Rent Roll, Seller has not entered into any contract or agreement with respect to the occupancy of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the copies of the Leases heretofore delivered by Seller to Purchaser are true, correct and complete copies thereof; and (iii) the Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the tenants thereunder.
Existing Leases. Other than the Leases listed on Exhibit “E” attached hereto, Seller has not entered into any contract or agreement with respect to the occupancy of the Property or any portion or portions thereof which will be binding on Purchaser or the Property after the Closing. The copies of the Leases heretofore delivered or made available by Seller to Purchaser are true, correct and complete copies thereof, and the Leases have not been amended, modified or extended except as evidenced by amendments similarly delivered and listed on Exhibit “E” attached hereto and constitute the entire agreement between Seller and the tenant thereunder. Except as set forth in Exhibit “F” attached hereto, Seller has not given or received any written notice of any party’s default or failure to comply with the terms and provisions of any Lease which remains uncured.
Existing Leases. (i) Other than the Lease, Seller has not entered into any contract or agreement with respect to the occupancy or sale of the Property or any portion or portions thereof which will be binding on Purchaser after the Closing; (ii) the Lease has not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the Tenant thereunder; and (iii) to Seller’s knowledge, there are no existing defaults by Seller or Tenant under the Lease.
Existing Leases. Landlord shall not be liable for failure to give possession of the premises upon the commencement date of the lease by reason of the fact that the premises are not ready for occupancy or because a prior tenant or any other person is wrongfully holding over or is in wrongful possession, or for any other reason. Rent shall not commence until possession is given or is available, but the term herein shall not be extended.
Existing Leases. (i) Other than the Leases, Contributor has not entered into any contract or agreement with respect to the occupancy or sale of the Property or any portion or portions thereof which will be binding on GIPLP after the Closing; (ii) the Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Contributor and the Tenants thereunder; and (iii) to Contributor’s knowledge, there are no existing defaults for which written notice has been given by either Contributor or any of the Tenants under the Leases.
Existing Leases. There are no leases, licenses, or other occupancy agreements affecting any portion of the Property other than the Leases identified on Exhibit F. There are no lease term letters or leases delivered for execution to prospective tenants of the Property except for prospective lease transactions that, although at one time actively pursued, are not currently being pursued by Seller. The information contained in Exhibit F is true and correct. The copies of the Leases furnished by the Seller to the Purchaser are true and complete copies. Other than items included in Seller’s lease files which Seller has made available to Purchaser, Seller has executed no side letters or other understandings concerning the Leases. The Leases are in full force and effect, without any material default by the Seller or, to Seller’s knowledge, by any tenant thereunder. Except as set forth in Exhibit F All tenants required to pay rent or additional rent as of the Effective Date have paid such sums in full without set-off or counterclaim. Seller has not given or received any notice of default which remains uncured or unsatisfied with respect to any of the Leases. Seller has not granted to any tenant under a Lease or any other person or entity an option, right of first refusal, or right to purchase the Property or any part thereof or interest therein which is not contained in a recorded document listed as a Permitted Exception or in a Lease. All Security Deposits are set forth on Exhibit F. There are no Tenant Inducement Costs other than as set forth in Exhibit K.
Existing Leases. Subject to subsections (c)(iii) and (c)(iv)below, Seller shall be responsible for the cost of all tenant improvement work and leasing commissions for all Leases (and amendments thereto) entered into prior to the Effective Date, and Seller’s obligations with respect thereto shall survive the Closing.
Existing Leases. At Closing, pursuant to the Assignment and Assumption of Leases in the form annexed hereto as Exhibit “F”, Seller shall assign to Buyer the Existing Leases. During the period from the Effective Date through and including the last day of the Inspection Period, Seller shall have the right, upon notice to Buyer but without Buyer’s consent or approval, to enter into new leases for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases. During the period from and including the day immediately following the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases (other than those to which the tenant is entitled pursuant to the terms of the Existing Lease) without first submitting a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor’s consent is required) to Buyer for Buyer’s approval, which may not be unreasonably withheld or
Existing Leases. 8.1.1 The following provisions apply to a sale of leasehold land.
