Further Amendments. Provided that no material default in the performance of Tenant’s obligations under this Agreement shall have occurred and remain uncured after the expiration of all applicable notice and cure periods, at Tenant’s request, Landlord shall (a) amend this Agreement to include any provision that may reasonably be requested by an existing or proposed Mortgagee, or by any entity that is proposing to directly or indirectly acquire any Project, and (b) shall execute such additional documents as may reasonably be required to evidence such Mortgagee’s or other entity’s rights hereunder; provided, however, that such amendment shall not materially impair the rights of Landlord under this Agreement, or extend the Term of this Agreement. Further, Landlord shall, within ten (10) days after written notice from Tenant or any existing or proposed Mortgagee, execute and deliver thereto a certificate to the effect that Landlord (a) recognizes a particular entity as a Mortgagee under this Agreement and (b) will accord to such entity all the rights and privileges of a Mortgagee hereunder.
Appears in 3 contracts
Samples: Land Lease Option and Lease Agreement, Land Lease Option and Lease Agreement, Land Lease Option and Lease Agreement
Further Amendments. Provided that no material default breach in the performance of Tenant’s obligations under this Agreement Lease shall have occurred and remain uncured after the expiration of all applicable notice and cure periods, at Tenant’s request, Landlord shall (ai) amend this Agreement Lease to include any provision that may reasonably be requested by an existing or proposed Mortgagee, or by any entity that is proposing to directly or indirectly acquire any Projectthe Solar Facility, and (bii) shall execute such additional documents as may reasonably be required to evidence such Mortgagee’s or other entity’s rights hereunder; provided, however, that such amendment shall not materially impair the rights of Landlord under this AgreementLease, or extend the Term of this AgreementLease. Further, Landlord shall, within ten (10) days after written notice from Tenant or any existing or proposed Mortgagee, execute and deliver thereto a certificate to the effect that Landlord (ai) recognizes a particular entity as a Mortgagee under this Agreement Lease and (bii) will accord to such entity all the rights and privileges of a Mortgagee hereunder.
Appears in 1 contract
Samples: Ground Lease Agreement
Further Amendments. Provided that no material default in the performance of Tenant’s obligations under this Agreement shall have occurred and remain uncured after the expiration of all applicable notice and cure periods, at Tenant’s request, Landlord shall (a) amend this Agreement to include any provision that may reasonably be requested by an existing or proposed Mortgagee, or by any entity that is proposing to directly or indirectly acquire any Project, and (b) shall execute such additional documents as may reasonably be required to evidence such Mortgagee’s or other entity’s rights hereunder; provided, however, that such amendment shall not materially impair the rights of Landlord under this Agreement, or extend the Term of this Agreement. Further, Landlord shall, within ten (10) days after written notice from Tenant or any existing or proposed Mortgagee, execute and deliver thereto a certificate to the effect that Landlord (a) recognizes a particular entity as a Mortgagee under this Agreement and (b) will accord to such entity all the rights and privileges of a Mortgagee hereunderMortgagee.
Appears in 1 contract
Further Amendments. Provided that no material default in the performance of Tenant’s obligations under this Agreement shall have occurred and remain Monetary Default then remains uncured after the expiration of all applicable notice and cure periods, at Tenant’s request, Landlord shall (ai) amend this Agreement Lease to include any provision that may reasonably be requested by an existing or proposed Assignee or Mortgagee, or by any entity that is proposing to directly or indirectly acquire any the Project, and (bii) shall execute such additional documents as may reasonably be required to evidence such Mortgagee’s or other entity’s rights hereunder; provided, however, that such amendment shall not materially impair the rights of Landlord under this AgreementLease, or nor extend the Term of this AgreementTerm. Further, Landlord shall, within ten (10) days after written notice from Tenant or any existing or proposed Mortgagee, execute and deliver thereto a certificate to the effect that Landlord (ax) recognizes a particular entity as a Mortgagee under this Agreement Lease and (by) will accord to such entity all the rights and privileges of a Mortgagee hereunder.
Appears in 1 contract
Samples: Solar Ground Lease Agreement