Common use of Existing Leases Clause in Contracts

Existing Leases. As of the date hereof, Lessee is a party to --------------- existing leases on certain Transponders, and the lessees under certain of such leases are, in turn, sublessors under subleases, which leases and subleases (not including any Occasional Use Service Contract) are listed in Exhibit D-1 (as to the leases) and Exhibit D-2 (as to the subleases) (collectively, the "Existing Leases"). --------------- Contemporaneously with the execution and delivery of this Lease, Lessee is assigning to Lessor, pursuant to the Assignment Agreement dated as of December 27, 1991 between STLC and Owner Trustee, as additional security for all of Lessee's obligations hereunder its rights under such Existing Leases, with respect to the provision of transponder capacity on any Transponder and on the Satellite only (other than the Chevron, ISBN Space Segment Services Agreement Xx. XXXXX000, dated May 15, 1990); provided, however, that Lessee shall not be -------- ------- required to obtain an acknowledgment of or consent to such assignment from any Sublessee under any Existing Leases or to notify, and in connection therewith Lessor hereby agrees not to notify, any such Sublessees of the assignment unless an Event of Default shall have occurred and be continuing; and provided, -------- further, however, that Lessee shall remain primarily liable to such Sublessees ------- ------- to perform Lessee's obligations under the Existing Leases. In addition, Lessee shall remain primarily liable to Lessor for the performance of all of the terms of the Lease to the same extent as if such Existing Lease had not occurred.

Existing Leases. As (i) To Seller's knowledge, Exhibits C-1, C-2 and C-3 attached hereto are lists of each and every Lease affecting or encumbering all or a portion of the date hereofOffice Space, Lessee is a party to --------------- existing leases on certain TranspondersResidential Space or EntelCom System, and the lessees under certain of respectively, together with all Amendments thereof (such leases are, in turn, sublessors under subleases, which leases and subleases (not including any Occasional Use Service Contract) are listed in Exhibit D-1 (together with the Atrium Beverage Lease being hereinafter collectively referred to as to the leases) and Exhibit D-2 (as to the subleases) (collectively, the "Existing Leases"). --------------- Contemporaneously with . (ii) To Seller's knowledge, Schedule "1" attached hereto is a Rent Roll (herein so called) of the execution and delivery of this Lease, Lessee is assigning to Lessor, pursuant to the Assignment Agreement dated as of December 27, 1991 between STLC and Owner Trustee, as additional security for all of Lessee's obligations hereunder its rights under such Existing Leases, current through the date hereof, containing the following information for the Existing Leases where applicable: (1) the Tenant's name, (2) the suite, office or apartment number, (3) the approximate amount of square footage leased, (4) annual rent, (5) the amount of prepaid rental, (6) the amount of the security deposit, (7) the date of the Existing Lease, (8) any rent arrearages and (9) actual current rent with respect to such leased space as of the provision date of transponder capacity the Rent Roll. (iii) To Seller's knowledge, except as described on Schedule "2" attached hereto, (A) the Existing Leases are in full force and effect; (B) no Tenant has failed and is continuing to fail to observe or perform any Transponder agreement, covenant or obligation under an Existing Lease, including, but not limited to, the payment of any sum due under an Existing Lease; and (C) Seller is not aware of any failure of Seller, which is continuing, in the observance or performance of any agreement, covenant or obligation on the Satellite only part of the landlord/lessor under an Existing Lease. (iv) To Seller's knowledge, except as set forth on Schedule "2" attached hereto, there are no material disputes with any Tenant concerning any of the Existing Leases presently existing or threatened. (v) To Seller's knowledge, except for the Tenants in the Hotel, Seller and the Managers, and except as set forth on Schedule "2" attached hereto, there are no Persons occupying space in the Property as tenants, subtenants or occupants other than the Chevron, ISBN Space Segment Services Agreement Xx. XXXXX000, dated May 15, 1990); provided, however, that Lessee shall not be -------- ------- required to obtain an acknowledgment of or consent to such assignment from any Sublessee under any Existing Leases or to notify, and Tenants specifically named in connection therewith Lessor hereby agrees not to notify, any such Sublessees of the assignment unless an Event of Default shall have occurred and be continuing; and provided, -------- further, however, that Lessee shall remain primarily liable to such Sublessees ------- ------- to perform Lessee's obligations under the Existing Leases. In addition, Lessee shall remain primarily liable to Lessor for employees and agents of such Tenants, and, in the performance case of all Xxxx Xxxxx, who operates executive office suites on the fifth floor of the terms Office Center, licensees of the Lease to the same extent as if such Existing Lease had not occurredXx. Xxxxx.

Existing Leases. As of (i) Other than the date hereof, Lessee is a party to --------------- existing leases on certain Transponders, and the lessees under certain of such leases are, in turn, sublessors under subleases, which leases and subleases (not including any Occasional Use Service Contract) are Leases listed in Exhibit D-1 (as to the leases) and Exhibit D-2 (as to the subleases) (collectivelyRent Roll, the "Existing Leases"). --------------- Contemporaneously with the execution and delivery of this Lease, Lessee is assigning to Lessor, pursuant to the Assignment Agreement dated as of December 27, 1991 between STLC and Owner Trustee, as additional security for all of Lessee's obligations hereunder its rights under such Existing Leases, Seller has not entered into any contract or agreement with respect to the provision occupancy or sale of transponder capacity 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; (iii) except as provided on Schedule 4.1(e) attached hereto, the Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between Seller and the tenants thereunder; (iv) to Seller’s knowledge, there are no existing defaults by Seller or any Transponder tenant under any of the Leases; (v) Seller has paid all sales and use taxes that are due and owing on rentals paid under all of the Satellite only Leases; (other than vi) all Tenant Inducement Costs and all commissions that are or were due to any broker or salesperson in connection with the Chevron, ISBN Space Segment Services Agreement Xx. XXXXX000, dated May 15, 1990); provided, however, that Lessee Leases have been paid in full and Purchaser shall not be -------- ------- required liable for any Tenant Inducement Costs or commissions related to obtain an acknowledgment the Leases; (vii) Amendments of or consent to such assignment from any Sublessee under any Existing Leases or to notify, and License Agreements in connection therewith Lessor hereby agrees not to notify, any such Sublessees the form attached hereto as Exhibit “H” for each of the assignment unless an Event of Default License Agreements have been executed and delivered by each party thereto and are fully enforceable against each party thereto; and (viii) the Xxxxx Xxxxxx Termination Letter is in the form required under the Xxxxx Xxxxxx Lease to terminate the Xxxxx Xxxxxx Lease and prior to Closing, Seller shall have occurred taken all required actions and be continuing; and provided, -------- further, however, that Lessee shall remain primarily liable to such Sublessees ------- ------- to perform Lessee's obligations under the Existing Leases. In addition, Lessee shall remain primarily liable to Lessor for the performance of given all of required notices in accordance with the terms of the Xxxxx Xxxxxx Lease as required for the Xxxxx Xxxxxx Lease to be terminated on or before September 30, 2012 and assuming that the same extent as if Purchaser pays the Xxxxx Xxxxxx Termination Fee when such Existing fee is required to be paid, the Xxxxx Xxxxxx Lease had not occurredwill terminate according to its terms.

Existing Leases. As of the date hereof, Lessee is a party to --------------- existing leases on certain Transponders, and the lessees under certain of such leases are, in turn, sublessors under subleases, which leases and subleases (not including any Occasional Use Service Contract) are listed in Exhibit D-1 (as to the leases) and Exhibit D-2 (as to the subleases) (collectively, the "Existing Leases"). --------------- Contemporaneously with the execution and delivery of this Lease, Lessee is assigning to Lessor, pursuant to the Assignment Agreement dated as of December 27, 1991 between STLC and Owner Trustee, as additional security for all of Lessee's obligations hereunder its rights under such Existing Leases, with respect to the provision of transponder capacity on any Transponder and on the Satellite only (other than the Chevron, ISBN Space Segment Services Agreement Xx. XXXXX000, dated May 15, 1990); provided, however, that Lessee shall not be -------- ------- required to obtain an acknowledgment acknowledgement of or consent to such assignment from any Sublessee under any Existing Leases or to notify, and in connection therewith Lessor hereby agrees not to notify, any such Sublessees of the assignment unless an Event of Default shall have occurred and be continuing; and provided, -------- further, however, that Lessee shall remain primarily liable to such Sublessees ------- ------- to perform Lessee's obligations under the Existing Leases. In addition, Lessee shall remain primarily liable to Lessor for the performance of all of the terms of the Lease to the same extent as if such Existing Lease had not occurred.