FACILITY MORTGAGES. 49 Section 19.1 Landlord May Grant Lien..........................................................49
FACILITY MORTGAGES. 80 20.1 Landlord May Grant Liens...........................................80
FACILITY MORTGAGES. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance, security interest or title retention agreement ("ENCUMBRANCE") upon the Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing provided that the principal amount of such borrowing, financing or refinancing does not exceed 80% of the then Fair Market Value of the Property. Any such Encumbrance (I) shall contain the right to prepay (whether or not subject to a prepayment penalty, which penalty shall be paid by Landlord), (ii) shall provide that it is subject to the rights of Tenant under this Lease, including the rights of Tenant to acquire the Property pursuant to the applicable provisions of this Lease; provided, however, that Tenant agrees that it will not unreasonably withhold its consent to any request by Landlord that Tenant subordinate this Lease to any mortgage or deed of trust that may hereafter from time to time be recorded on the Property, and to any and all advances made or to be made thereunder, and to renewals, replacements and extensions thereof and (iii) shall be paid in full and released and reconveyed in the event Tenant purchases the Property pursuant to this Lease, unless Tenant elects to assume such Encumbrance. Any such subordination, however, shall be subject to the condition precedent that the mortgagee under such mortgage or the beneficiary under such deed of trust enter into a written non- disturbance and attornment agreement with Tenant, in form and content satisfactory to Tenant, whereunder it is agreed that in the event of a sale or foreclosure under such mortgage or deed of trust, the purchaser of the Properly (including the mortgagee or beneficiary under such mortgage or deed of trust), shall acquire or hold the Property subject to this Lease so long as Tenant is not in default hereunder, and so long as Tenant recognizes such purchaser as the Landlord under this Lease and agrees, if requested to do so, to attorn to such purchaser and, if instructed to do so by such purchaser, to make rental payments directly to it.
FACILITY MORTGAGES. 65 19.1 Subordination........................................................................................65 19.2 Attornment...........................................................................................66 19.3 Rights of Mortgagees and Assignees...................................................................66
FACILITY MORTGAGES. 54 (a) Cooperation in Obtaining Facility Mortgages.....................................................55 (b) Compliance With Facility Mortgages..............................................................55 (c) Escrow Reserve Accounts Under Facility Mortgages................................................55 55. Escrows Held by Facility Mortgagee.......................................................................56 56.
FACILITY MORTGAGES. (a) Cooperation in Obtaining Facility Mortgages. Tenant agrees, at Landlord's cost and expense, to cooperate with Landlord's reasonable requests to assist Landlord in obtaining one (1) or more Facility Mortgage(s) with respect to Landlord's fee interest in one (1) or more of the Leased Properties. Subject to the execution of a reasonably satisfactory confidentiality agreement, and provided there is no violation of (i) any security, health, safety, or confidentiality requirements of any Governmental Agency or imposed by applicable law or regulations and/or (ii) Tenant's ordinary business practices and standard resident agreements, if any requiring Tenant to maintain the confidential nature of certain personal information relating to individual residents living in the applicable Facility, Tenant agrees to provide such information as is reasonably requested by Landlord or any proposed Facility Mortgagee with respect to Tenant, Guarantor or the operation of the applicable Leased Property or Leased Properties to facilitate in obtaining such Facility Mortgage.
FACILITY MORTGAGES. 59 19.1 Subordination...................................................................................................59 19.2 Attornment......................................................................................................60 19.3
FACILITY MORTGAGES. (a) Cooperation in Obtaining Facility Mortgages. Tenant agrees, at Landlord's cost and expense, to cooperate with Landlord's reasonable requests to assist Landlord in obtaining one (1) or more Facility Mortgage(s) with respect to Landlord's fee interest (or ground leasehold interest for each property with a Ground Lease) in one (1) or more of the Leased Properties. Subject to the execution of a reasonably satisfactory confidentiality agreement, and provided there is no violation of (i) any security, health, safety, or confidentiality requirements of any Governmental Agency or imposed by applicable law or regulations and/or (ii) Tenant's ordinary business practices and standard resident agreements, if any requiring Tenant to maintain the confidential nature of certain personal information relating to individual residents living in the applicable Facility, Tenant agrees to provide such information as is reasonably requested by Landlord or any proposed Facility Mortgagee with respect to Tenant, Guarantor or the operation of the applicable Leased Property or Leased Properties to facilitate in obtaining such Facility Mortgage.
FACILITY MORTGAGES. 55 19.1Subordination.......................................................55 ------------- 19.2Attornment..........................................................56 ---------- 19.3Rights of Mortgagees and Assignees..................................56 ----------------------------------
FACILITY MORTGAGES. 20.1 Landlord May Grant Liens 20.2 Subordination of Lease