Existing Subleases Clause Samples

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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”) and agree that they shall be deemed to satisfy the requirement of this Article XXIII. 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 Ten Million and No/100 Dollars ($10,000,000) 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. “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” to the Lease shall be amended to add reference to those Existing Subleases identified on Exhibit C attached hereto.
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Existing Subleases. (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. (ii) In addition, to the extent that there is a fire or casualty while the PWC Sublease is in effect, and as a result of such fire or casualty, PWC exercises any termination rights it may have under the PWC Lease, Premises B shall be added to the "Premises" as of the effective date of such termination on the terms and conditions of this Lease (except as expressly provided below), and in such event, Article VI of this Lease shall control as though Premises B were part of the Premises as of the date of such fire or casualty, including any abatement and termination rights; provided, however, with respect to Premises B, any period for notices due from Landlord under Article VI which is measured from the date of the casualty, and any period under Article VI which is measured from the date of the casualty, shall be instead measured from the date of addition of Premises B to the Premises hereunder; and provided further, that for the period from the addition of Premises B to the Premises pursuant to this Section 9.25(a) through the Premises B Commencement Date (as defined in Section 1.1 above), subject to any applicable abatement ri...
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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. 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. 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. “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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Related to Existing Subleases

  • Existing Leases (1) Exhibit "E" sets forth a true, correct and complete list of the Existing Leases for the related Premises and the information with respect to the Existing Leases set forth in Exhibit "E" hereto is true, correct and complete in all material respects, (2) no tenants are entitled to any rebates, rent concessions or free rent except as may be expressly set forth in the Existing Leases or on Exhibit "E", (3) no rents due under any of the Existing Leases are presently assigned, hypothecated or encumbered by Seller, other than in connection with any mortgage encumbering the Premises which shall be satisfied in connection with the closing for the Property in question, (4) there are no unpaid brokerage commissions or unpaid landlord obligations for tenant improvements in connection with the current term of occupancy of tenants under the Existing Leases, (5) no rent under any of the Existing Leases has been prepaid (except for rental for the current month and payments that are required to be made in advance pursuant to the terms and provisions of the Existing Leases and except for prepayments set forth either in the Existing Leases or as set forth on Exhibit "E"), (6) as of the Closing Date no Existing Lease shall be terminated by agreement with the tenant (except by reason of a default by the tenant thereunder or except for notices given to indicate the landlord's intention not to permit the term of the lease to continue or be renewed for an additional term), (7) no tenant has notified Seller in writing of its intent to terminate its lease prior to expiration of the term of such lease, (8) no written notice of any default under the Existing Leases has been given or received by the related Seller, and (9) the copies of the Existing Leases delivered to Buyer are true, correct and complete copies thereof.

  • Subleases (a) Except as set forth in this Section 25.2(a), Lessee may not sublet any Property or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, which consent may be given or withheld in the sole discretion of each such party. (b) Lessee may, without the consent of Lessor or the Agent, sublet a Property only if: (i) Lessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease, each Lease Supplement and the other Operative Agreements; (ii) Such sublease is in writing and is expressly subject and subordinate to the rights of the Lessor, the Agent, the Lenders and the Holders under this Lease, the Security Agreement, each Mortgage Instrument and all other Operative Agreements; and (iii) Such sublease is on commercially reasonable terms and at market rates, and has a term that does not extend past the Expiration Date, and such Property is at all times used for the purposes set forth in this paragraph and in the definition of "Property." (c) No sublease or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to the Property so sublet. (d) Each insurance policy carried by Lessee pursuant to ARTICLE XIV hereof shall be endorsed to name each sublessee under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent. (e) Promptly but in any event within five (5) days following the execution and delivery of any sublease permitted by this ARTICLE XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Properties described in such Lease Supplement from Lessor, and (without limiting the generality of SECTIONS 25.2(A) - (D)) any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.

  • New Leases Continue its present rental program and efforts at such Seller’s Property to rent vacant space in accordance with past practices; provided that, without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s sole discretion, such Seller shall not (i) execute any new lease, license or other occupancy agreement, (ii) amend, supplement, terminate, accept the surrender of, renew or otherwise modify any existing Lease, (iii) approve any assignment or sublease of any existing Lease, or (iv) waive any right or obligation thereunder; provided, however, that, in the case of any amendment, supplement, termination, surrender, renewal or modification of any existing Lease as set forth in clause (ii) above, if such existing Lease expressly and specifically sets forth the terms of any such amendment, supplement, termination, surrender, renewal or modification and requires the landlord under the Lease to acknowledge or counter-sign the same, in which case, the Buyer’s consent shall not be required, but Seller shall provide the Buyer with written notice of (and to the extent such amendment, supplement or modification modifies the rental terms of such Lease which rental amount is not specifically stated in such Lease, the Buyer shall have an opportunity to review and comment upon) such amendment, supplement, termination, surrender, renewal or modification at least five (5) Business Days prior to the date of execution. If such Seller enters into any new lease, license or other occupancy agreement, or renews any existing Lease (each such new lease, license, occupancy agreement and renewal, a “New Lease”) after the date hereof in accordance with the terms of this Section 3.2(d), then each such lease, license, occupancy agreement and renewal shall be included in the definition of “Leases” herein and added to Schedule 3.2(c) attached hereto, shall be assigned to and assumed by the Buyer at the Closing in accordance with this Agreement. If the Buyer does not reject or approve a new lease, license, occupancy agreement, renewal or a Lease amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new lease, license, occupancy agreement, renewal or Lease amendment; provided that such notice includes specific reference to this Section 3.3(d) and the deemed approval provision hereof.

  • Assignments and Subleases A. The Concessionaire shall not assign this Lease in whole or in part, nor sublet all or any part of the Properties, such as vending and game machines, without first obtaining the written consent of the Director. In the event the Director consents to any such assignment or sublease, the Concessionaire shall remain primarily liable for the payments herein provided, unless expressly provided otherwise by the written consent of the Director. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting created by operation of law. If this Lease is assigned, or if the Properties or any part thereof is underlet or occupied by anybody other than the Concessionaire without the consent of the Director as hereinabove provided, the Department may collect rent from the assignee, undertenant, or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as the Concessionaire, or a release of the Concessionaire from further performance by the Concessionaire of the terms contained in this Lease. B. Notwithstanding any assignment or sublease, the Concessionaire shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease, including payment terms as specified herein based on total dollar revenues, including the total sale amount of consigned items.

  • Leases (a) Grantor will not (i) execute an assignment of the rents or any part thereof from the Premises without Beneficiary's prior consent, (ii) except where the lessee is in default thereunder, terminate or consent to the cancellation or surrender of any lease of the Premises or of any part thereof, now existing or hereafter to be made, having an unexpired term of one (1) year or more, provided, however, that any lease may be cancelled if promptly after the cancellation or surrender thereof a new lease is entered into with a new lessee having a credit standing at least equivalent to that of the lessee whose lease was cancelled, on substantially the same terms as the terminated or cancelled lease, (iii) modify any such lease so as to shorten the unexpired term thereof or so as to decrease, waive or compromise in any manner the amount of the rents payable thereunder or materially expand the obligations of the lessor thereunder, (iv) accept prepayments of more than one month of any installments of rents to become due under such leases, except prepayments in the nature of security for the performance of the lessees thereunder, (v) modify, release or terminate any guaranties of any such lease or (vi) in any other manner impair the value of the Mortgaged Property or the security hereof. (b) Grantor will not execute any lease of all or a substantial portion of the Premises except for actual occupancy by the lessee thereunder or its property manager, and will at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all leases of the Premises or portions thereof now or hereafter existing, on the part of the lessor thereunder to be kept and performed and will at all times do all things reasonably necessary to compel performance by the lessee under each lease of all obligations, covenants and agreements by such lessee to be performed thereunder. If any of such leases provide for the giving by the lessee of certificates with respect to the status of such leases, Grantor shall exercise its right to request such certificates within five (5) days of any demand therefor by Beneficiary and shall deliver copies thereof to Beneficiary promptly upon receipt. (c) In the event of the enforcement by Trustee or Beneficiary of the remedies provided for hereby or by law, the lessee under each of the leases of the Premise will, upon request of any person succeeding to the interest of Grantor as a result of such enforcement, automatically become the lessee of said successor in interest, without change in the terms or other provisions of such lease, provided, however, that said successor in interest shall not be bound by (i) any payment of rent or additional rent for more than one (1) month in advance, except prepayments in the nature of security for the performance by said lessee of its obligations under said lease or (ii) any amendment or modification of the lease made without the consent of Beneficiary or such successor in interest. Each lease shall also provide that, upon request by said successor in interest, such lessee shall execute and deliver an instrument or instruments confirming such attornment.