Financing by Lessor Sample Clauses
The "Financing by Lessor" clause defines the lessor's right or ability to obtain third-party financing for the leased asset or the lease transaction itself. In practice, this means the lessor may assign its rights under the lease to a lender or use the lease as collateral for a loan, often without requiring the lessee's consent. This clause facilitates the lessor's access to capital, enabling them to fund the acquisition of the leased asset or manage cash flow, and it clarifies the lessee's obligations in the event of such financing, thereby reducing uncertainty and supporting the lessor's business operations.
Financing by Lessor. 49 ARTICLE XXXVIII
Financing by Lessor. SNDA. Lessor may at any time and from time to time finance or refinance the Leased Premises and in connection therewith assign this Lease to the Property Lender providing such financing, so long as Lessor uses commercially reasonable efforts to obtain a SNDA of this Lease from any such Property Lender, acceptable to Lessee and similar in form and substance to that set forth in Exhibit C. Nothing herein shall be construed as requiring Lessee to subordinate its interests in this Lease to the lien of a future Property Lender in the absence of an SNDA.
Financing by Lessor. Any mortgage made by Lessor (referred to herein as "Lessor Mortgage") covering its interest in the Premises shall be subject to the rights of Lessee and any Leasehold Mortgagees in the Premises, as set forth in this Lease. Lessor agrees that any such Lessor Mortgage shall include a clause stating that such Lessor Mortgage is so subject as set forth above, but any such Lessor Mortgage shall automatically be subject to this Lease regardless of whether or not any such clause is in fact included in such Lessor Mortgage. The basic substance of the foregoing provisions shall be included in the short form Lease described in Section 11.23. If any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under, any Lessor Mortgage or if Lessor sells, conveys or otherwise transfers its interest in the Premises, Lessee hereby agrees to attorn to whatever party legally succeeds to the interest of Lessor in the Premises.
Financing by Lessor. Lessor agrees that, if it grants or creates any mortgage, lien, encumbrance or other title retention agreement ("Encumbrances") upon the Leased Property, the holder of each such Encumbrance shall simultaneously agree (a) to give Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such Encumbrance or any sale in foreclosure of such Encumbrance, (b) to permit Lessee to cure any such default on Lessor's behalf within any applicable cure period, in which event Lessor agrees to reimburse Lessee for any and all out-of-pocket costs and expenses incurred to effect any such cure (including reasonable attorneys' fees), (c) to permit Lessee to appear with its representatives and to bid at any foreclosure sale with respect to any such Encumbrance, (d) to enter into an agreement with Lessee containing the provisions described in Article XXXIX of this Lease, and (e) Lessor and Lessor's successor and assigns, further agrees that no such Encumbrance shall in any way prohibit, derogate from, or interfere with Lessee's right and privilege to collaterally assign its leasehold and contract rights hereunder provided such collateral assignment and rights granted to the assignee thereunder shall be subordinate to the rights of the holder of an Encumbrance as provided in Article XXXIX hereof.