Ground Lease Assignable. The applicable Individual Borrowers’ respective interests in the Ground Leases are assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors (or, if any such consent is required, it has been obtained prior to the Closing Date). Each Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessor.
Appears in 4 contracts
Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (W2007 Grace Acquisition I Inc)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 3 contracts
Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Carter Validus Mission Critical REIT, Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ Owner’s respective interests in the Ground Leases are assignable to Mortgage Lender and Borrower’s interest in the applicable Individual Owner are assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors (or, if any such consent is required, it has been obtained prior to the Closing Date). Each Ground Lease is further assignable by Mortgage Lender, its successors and assigns without the consent of the applicable Ground Lessor.
Appears in 3 contracts
Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender Agent and the Lenders upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by LenderAgent or the Lenders, its successors and assigns without the consent of the applicable ground lessor. The Ground LessorLease permits the interest of the lessee thereunder to be encumbered by a leasehold mortgage and contains no restrictions on the identity of a leasehold mortgagee.
Appears in 2 contracts
Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ Owner’s respective interests in the Ground Leases are assignable to Mortgage Lender upon notice to, but without the consent of, the applicable Ground Lessors (or, if any such consent is required, it has been obtained prior to the Closing Date). Each Ground Lease is further assignable by Mortgage Lender, its successors and assigns without the consent of the applicable Ground Lessor.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower's interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 2 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Westfield America Inc)
Ground Lease Assignable. The Each applicable Individual Borrowers’ respective interests Leasehold Property Borrower's interest in the each Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors (ground lessor thereunder or, if any such consent in the event that it is requiredso assigned, it has been obtained prior to the Closing Date). Each Ground Lease is further assignable by Lenderto the trustee in a Securitization upon notice to, its successors and assigns but without a need to obtain the consent of the applicable Ground Lessorof, such ground lessor.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender Administrative Agent upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by LenderAdministrative Agent, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Samples: Loan and Security Agreement (Morgans Hotel Group Co.)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Datedate hereof). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable ground lessor except as otherwise expressly provided in the Ground LessorLease.
Appears in 1 contract
Samples: Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date)) in accordance with the terms thereof. Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice toto (and with a copy of the instrument), but without the consent of, the applicable Ground Lessors Lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable (after foreclosure or deed in lieu of foreclosure) by Lender, its successors and assigns without the consent of the applicable Ground Lessor.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Leasehold Borrower's interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Effective Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Samples: Loan Agreement (William Lyon Homes)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable ground lessor. The Ground LessorLease permits the interest of the lessee thereunder to be encumbered by a leasehold mortgage and contains no restrictions on the identity of a leasehold mortgagee.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Owner's interest in the Ground Leases are Lease is assignable to Lender upon notice toand, but without the consent of, the applicable Ground Lessors (or, if any such consent is required, it has been obtained prior to as of the Closing Date). Each , all required notices to, and/or consents from, the ground lessor under the Ground Lease is further assignable by have been made or obtained with respect to any such assignment to Lender, its successors and assigns without the consent of the applicable Ground Lessor.
Appears in 1 contract
Samples: Revolving Loan Agreement (Capital Lease Funding Inc)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Ground Lease Borrower’s interest in the Ground Leases are Lease, upon foreclosure or a conveyance in lieu of foreclosure, is assignable to Lender Agent upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by LenderAgent, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests in No Ground Lease expressly requires consent of the Ground Leases are assignable ground lessor thereunder for an assignment of Borrower’s interest thereunder to Lender upon notice to, but without the consent of, the applicable Ground Lessors (or, if any such consent is required, it has been obtained prior to the Closing Date). Each None of the Ground Lease is Leases expressly prohibits further assignable assignment by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the Ground Leases are Lease is assignable to the Lender upon notice to, but without the consent of, the applicable Ground Lessors Lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessor’s consent.
Appears in 1 contract
Samples: Leasehold Deed to Secure Debt and Security Agreement (Meredith Enterprises Inc)
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower's interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each The Ground Lease is further assignable contains no restrictions on assignment by Lender, its successors and assigns without the consent of the applicable Ground Lessorassigns.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower's interest in the Ground Leases are Lease is assignable to Lender upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date)) and compliance with Section 10.4 of the Ground Lease. Each Subject to Section 13.1 of the Ground Lease, the Ground Lease is further assignable by Lender, its successors and assigns without the consent of the applicable Ground Lessorground lessor.
Appears in 1 contract
Ground Lease Assignable. The applicable Individual Borrowers’ respective interests Borrower’s interest in the each Ground Leases are Lease is assignable to Lender Agent upon notice to, but without the consent of, the applicable Ground Lessors ground lessor (or, if any such consent is required, it has been obtained prior to the Closing Date). Each Ground Lease is further assignable (in its entirety) by LenderAgent upon notice to, its successors and assigns but without the consent of of, the applicable Ground Lessorground lessor.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)