Existing Subleases Sample Clauses

Existing Subleases. Notwithstanding anything contained herein to the contrary, Lessor and Lessee acknowledge that there currently exist certain leases or subleases on the Leased Property as described on Exhibit E (collectively the “Existing Subleases”). Lessor hereby consents to the Existing Subleases. Any material modifications, amendments and restatements of the Existing Subleases or any Tenant Lease hereafter entered into (but excluding renewals and extensions that do not otherwise materially modify or amend the relevant Existing Sublease or Tenant Lease) must be approved by Lessor in accordance with this Article XXIII.
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Existing Subleases. Notwithstanding anything contained herein to the contrary, Lessor and Lessee acknowledge that there currently exist certain leases, subleases or licenses on the Leased Property, with annual rental payments in excess of One Million and No/100 Dollars ($1,000,000) as described on Exhibit C (collectively the “Existing Subleases”). Any material modifications, amendments and restatements of the Existing Subleases or any Tenant Lease hereafter entered into (but excluding renewals and extensions that do not otherwise materially modify or amend the relevant Existing Sublease or Tenant Lease) must be approved by Lessor in accordance with this Article XXIII.
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Existing Subleases. The applicable Seller agrees to retain all obligations and liabilities in connection with each Existing Sublease, and in no event shall such Seller’s interest in each Existing Sublease be assigned or transferred, in whole or in part, to Purchaser, and Purchaser shall not (and does not) assume any responsibility, obligations or liabilities in connection with the Existing Subleases. For the avoidance of doubt, at all times during the term of each Existing Sublease, such Existing Sublease shall (i) remain an agreement between the applicable Seller (or Tenant) and the tenant thereunder, such that the obligations under such Existing Sublease (on the part of landlord or property owner) are and shall remain the obligations of the applicable Seller (or be obligations of Tenant) and (ii) be subject and subordinate to the terms of the Lease. The provisions of this Section 9.1.10 shall survive Closing.
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Existing Subleases. (a) (i) The parties acknowledge and agree that as of the date hereof Tenant has subleased Premises B under a sublease dated as of July 28, 2014 (the "PWC Sublease") between Tenant and PricewaterhouseCoopers PRTM ("PWC") for a term scheduled to expire on March 31, 2019 (the "PWC Expiration Date"). Landlord and Tenant agree that in the event the PWC Sublease is terminated due to a termination of the master lease between Landlord and PWC (the "PWC Lease") resulting from a default of PWC thereunder, then immediately upon such termination, the Premises B Commencement Date shall occur and thereafter Premises B shall be directly leased by Landlord to Tenant on the terms and conditions of this Lease for the remainder of the Term except that from such date of termination through the PWC Expiration Date (as defined above), the Annual Fixed Rent and Additional Rent and other costs and charges for Premises B shall be as set forth in the PWC Lease. In no event shall Landlord be (i) deemed to have assumed any obligations as sublandlord under the PWC Sublease, (ii) liable for the failure of PWC to perform its obligations under the PWC Sublease or under the PWC Lease, or (iii) liable for any security deposit paid by Tenant to PWC. Nothing herein shall be deemed to constitute a waiver by Tenant of any claim against PWC as a result of such a default by PWC.
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Existing Subleases. Landlord and Applied Materials, Inc. (“AMAT”) entered into that certain Lease dated September 9, 1997 (the “AMAT Lease”) pursuant to which Landlord leased to AMAT all of the buildings in the Project, including the Buildings which comprise the Premises under this Lease. The term of the AMAT Lease with respect to such Buildings shall terminate on August 31, 2003 (i.e., the day before the Commencement Date under this Lease). AMAT and Tenant entered into that certain Sublease Agreement dated March 1999 (the “Proxim Sublease”), pursuant to which AMAT subleased a portion of the Premises consisting of Building A and Building B to Tenant for the remainder of the term of the AMAT Lease as it relates to Building A and Building B. AMAT and Vitria Technology, Inc., a California corporation (“Vitria”) entered into that certain Sublease Agreement dated April 6, 1999 (the “Vitria Sublease”), pursuant to which AMAT subleased the portion of the Premises consisting of Building C to Vitria for the remainder of the term of the AMAT Lease as it relates to Building C. Notwithstanding any provision herein to the contrary, this Lease shall automatically terminate in the event the Proxim Sublease terminates due to Tenant’s failure to timely perform its obligations under the Proxim Sublease and thereafter neither party shall have any further rights or obligations hereunder, except that Landlord shall be obligated to return to Tenant any Security Deposit funds previously delivered to Landlord in connection with this Lease.
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Existing Subleases. Notwithstanding anything contained herein to the contrary, Lessor and Lessee acknowledge that there currently exist certain leases or subleases on the Leased Property as described on Exhibit C (collectively the “Existing Subleases”). Any modifications, amendments and restatements of the Existing Subleases and any subleases hereafter entered into must be approved by Lessor in accordance with this Article XIX. Notwithstanding anything contained herein to the contrary, any proposed assignee of Lessee and any proposed Tenant must each have credit, financial, and operating characteristics that are equal to or stronger than Lessee.
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Existing Subleases. “Exhibit C” is deleted in its entirety and replaced with Exhibit C attached hereto to reflect the Existing Leases relating to each Facility.
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Existing Subleases. “Exhibit C” is deleted in its entirety and replaced with Exhibit C attached hereto to reflect the Existing Subleases relating to each new CHS Facility (as defined below).
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Existing Subleases. “Exhibit C” to the Lease shall be amended to add reference to those Existing Subleases identified on Exhibit C attached hereto.
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Related to Existing Subleases

  • 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.

  • Subleases (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.

  • Leases The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule I and made a part hereof, which rent roll is true, complete and accurate in all respects as of the Closing Date. Borrower is the owner and lessor (or sublessor) of landlord’s interest in the Leases. Except with respect to the Permitted Encumbrances, no Person has any possessory interest in the Property (or any portion thereof) or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, except as set forth on the rent roll attached hereto as Schedule I or in any tenant estoppel certificate delivered to Lender, there are no uncured defaults thereunder by Borrower nor, to the best of Borrower’s knowledge, any other party thereunder and, to the best of Borrower’s knowledge, there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, no Rent has been paid more than one (1) month in advance of its due date (other than in connection with the first month’s Rent under a new Lease). All security deposits are held by Borrower in accordance with applicable law. Except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, all work to be performed by Borrower under each Lease as of the Closing Date has been performed as required and has been accepted by the applicable Tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any Tenant as of the Closing Date has already been received by (or credited to) such Tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein, in each case, which is outstanding. To Borrower’s knowledge, no Tenant listed on Schedule I has assigned its Lease or except as set forth in any tenant estoppel certificate delivered to Lender, or as otherwise disclosed to Lender in the Lease or by Borrower, sublet all or any portion of the premises demised thereby, no such Tenant holds its leased premises under assignment. Except as disclosed to Lender or except as set forth in a Lease or in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. Except as disclosed to Lender or as set forth in the Leases or except as set forth in any tenant estoppel certificate delivered to Lender, no Tenant under any Lease has any right or option for additional space in the Improvements. Except as disclosed to Lender in writing or as set forth in the Leases or in any tenant estoppel certificate delivered to Lender, no tenant has (i) asserted any defense or otherwise sought or given notice (whether written or oral) that it intends to seek any relief or concessions with respect to the payment of rent or other sums or the performance of any obligations under its Lease or (ii) made any other bona fide request for or otherwise given written notice that it intends to seek any amendment, waiver, deferral, forbearance or other modification of any term or provision of its Lease, in each case (A) pursuant to any force majeure clause contained in its Lease or otherwise as a result of the COVID-19 pandemic or any Emergency Law and (B) other than requests, notices or defenses that have been withdrawn or resolved or are otherwise no longer outstanding.

  • Lease Agreements 13.1 The Customer shall provide FPL a copy of the lease agreement, as applicable, for any and all leased interconnection equipment.

  • Assignment and Subleasing During the Lease Term, the Lessee may assign, sublease or transfer to any Person, at any time, in whole or in part, its right, title or interest in, to or under this Lease or any portion of the Leased Property without the prior written consent of the Lessor so long as (v) any such assignment, sublease or transfer would not subject the Lessor to a violation of laws or regulations applicable to the Lessor including those promulgated by OFAC, (w) no Event of Default shall have occurred and be continuing or, after giving effect to such assignment, sublease or transfer, would exist, (x) any such sublease is expressly subject and subordinate to this Lease, (y) Lessee remains liable for all obligations under this Lease after giving effect to any such assignment, sublease or transfer, and (z) Lessor retains all of its interests in and benefits of the Cash Collateral and receives prior certification thereof from the Lessee and such other evidence thereof as the Lessor may reasonably request. Unless and until Lessee has exercised the Early Termination Option or the Purchase Option, no sublease may have a term that extends beyond the Base Term Expiration Date. In all cases, Lessee will promptly provide Lessor copies of each such assignment, sublease or transfer. No sublease will discharge or diminish any of the Lessee’s obligations hereunder and the Lessee shall remain directly and primarily liable under the Lease with respect to the Leased Property and the Operative Documents to which it is a party. Each sublease permitted hereby shall be made and shall expressly provide in writing that it is subject and subordinate to this Lease and the rights of the Lessor hereunder, shall expressly provide for the surrender of the Leased Property by the sublessee at the election of the Lessor after an Event of Default, shall provide that such provisions may be directly enforced by the Lessor and shall provide that such sublessee expressly agrees to comply with the use restrictions set forth in Article X hereof. Notwithstanding the first paragraph of this Article XII, Lessee may not assign or transfer its rights and obligations under this Lease and the other Operative Documents unless (a) on the effective date of any such assignment and transfer, no Event of Default exists, (b) the parties enter into an assignment agreement in form and substance reasonably satisfactory to the Lessor, (c) all filings of or in respect of any such assignment and transfer necessary to protect the rights of the Lessor in the Leased Property and the other Operative Documents are made in a timely fashion, (d) without limiting any provisions of this Article XII, any such assignment and transfer shall include an appropriate provision for the operation, maintenance and insurance of the Leased Property in accordance with the terms hereof, (e) the Lessor shall have received opinions of counsel with respect thereto and such other matters as the Lessor may reasonably request, (f) such assignment and transfer will not result in a Material Adverse Effect, (g) such assignment and transfer will not result in the imposition of any unindemnified Taxes, (h) the Lessor shall have received such other documents and instruments and the Lessee shall take such further acts as the Lessor may reasonably request to evidence and facilitate such assignment and transfer, provided that no such document or instrument shall increase Lessee’s obligations or diminish Lessee’s rights under the Operative Documents or otherwise, and (i) such assignment and transfer will not, with respect to the Lessor, violate the use restrictions set forth in Article X hereof or Applicable Laws and provided, further that, Lessee shall provide to the Lessor not less than thirty (30) days’ prior written notice of such assignment or transfer, such notice to identify the assignee or transferee. No such assignment and transfer will diminish or discharge any of the Lessee’s obligations under this Lease or the other Operative Documents.

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