Common use of Landlord May Grant Liens Clause in Contracts

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 17, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCE") upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Any such Encumbrance shall provide that it is subject to the rights of Tenant under this Lease, and shall further provide that so long as no Event of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant's right of quiet enjoyment provided in Section 18, shall not be disturbed in the event any such lienholder or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as Tenant is not in default hereunder.

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 17, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCEEncumbrance") upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Any such Encumbrance shall provide that it is subject to the rights of Tenant under this Lease, and shall further provide that so long as no Event of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant's right of quiet enjoyment provided in Section 18, shall not be disturbed in the event any such lienholder or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as Tenant is not in default hereunder.

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 17, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCE") upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Any such Encumbrance shall provide that it is subject to the rights of Tenant under this Lease, and shall further provide that so long as no Event of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including including, but without limitation limitation, Tenant's right of quiet enjoyment provided in Section 18, shall not be disturbed in the event any such lienholder or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the lien of a new Encumbrance on the Premises; provided, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as however, if Tenant is not then in default hereunder, then Tenant shall not be required to so subordinate this Lease unless the holder or beneficiary of such Encumbrance executes a nondisturbance agreement in conformity with the provisions of Section 18 hereof.

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 17, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCEEncumbrance") upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Any such -39- 45 Encumbrance shall provide that it is subject to the rights of Tenant under this Lease, and shall further provide that so long as no Event of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including including, but without limitation limitation, Tenant's right of quiet enjoyment provided in Section 18, shall not be disturbed in the event any such lienholder or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the lien of a new Encumbrance on the Premises; provided, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as however, if Tenant is not then in default hereunder, then Tenant shall not be required to so subordinate this Lease unless the holder or beneficiary of such Encumbrance executes a nondisturbance agreement in conformity with the provisions of Section 18 hereof.

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to xxxxxxx xo the terms and conditions set forth below in this Section 1722.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCEEncumbrance") upon the Premisesapplicable Leased Property, or any portion thereof or interest therein (including this Lease)therein, whether to secure any borrowing or other means of financing or refinancing or otherwiserefinancing. Any such Encumbrance shall include the right to prepay (whether or not subject to a prepayment penalty) and shall provide (subject to Section 22.2 below) that it is subject to the rights of Tenant under this the applicable Lease, and shall further provide that so long as no Event including the rights of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant to acquire such Leased Property pursuant to the applicable provisions of the applicable Lease (except Tenant's right of quiet enjoyment provided in Section 18, first refusal to purchase such Leased Property shall not be disturbed apply upon foreclosure or transfer in the event lieu thereof, provided, that any such lienholder purchaser or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant transferee (a) shall subordinate this Lease take title subject to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as to acquire such Leased Property pursuant to the applicable Lease, (b) shall agree to give Tenant is not the same notice, if any, given to Landlord of any default or acceleration of any obligation with respect to such Encumbrance, and (c) shall agree to permit Tenant to appear by its representative and bid at any sale in default hereunderforeclosure made with respect to any such Encumbrance).

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 1722.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCEEncumbrance") upon the Premisesapplicable Leased Property, or any portion thereof or interest therein (including this Lease)therein, whether to secure any borrowing or other means of financing or refinancing or otherwiserefinancing. Any such Encumbrance shall include the right to prepay (whether or not subject to a prepayment penalty) and shall provide (subject to Section 22.2 below) that it is subject to the rights of Tenant under this the applicable Lease, and shall further provide that so long as no Event including the rights of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant to acquire such Leased Property pursuant to the applicable provisions of the applicable Lease (except Tenant's right of quiet enjoyment provided in Section 18, first refusal to purchase such Leased Property shall not be disturbed apply upon foreclosure or transfer in the event lieu thereof, provided, that any such lienholder purchaser or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant transferee (a) shall subordinate this Lease take title subject to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as to acquire such Leased Property pursuant to the applicable Lease, (b) shall agree to give Tenant is not the same Notice, if any, given to Landlord of any default or acceleration of any obligation with respect to such Encumbrance, and (c) shall agree to permit Tenant to appear by its representative and bid at any sale in default hereunderforeclosure made with respect to any such Encumbrance).

Landlord May Grant Liens. (a) Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 1716.01, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCE") Lien upon its interest in the Leased Premises, or any portion thereof or interest therein (including this Lease)therein, whether to secure any borrowing or other means of financing or refinancing or otherwise. Any refinancing; PROVIDED, HOWEVER, that any such Encumbrance Lien: (i) shall not modify the terms of this Lease, except as expressly set forth in Section 16.02; (ii) shall not contain more restrictive terms and conditions than those currently contained in any Facility Mortgage; (iii) shall provide that it any insurance proceeds payable with respect to a Casualty shall be paid directly to Landlord unless Landlord is subject to in default under the rights terms of Tenant under this Lease, any Facility Mortgage; and (iv) shall further provide that so long as no Event of Default has occurred, neither Tenant nor any subtenant shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant's right of quiet enjoyment provided in Section 18, shall not be disturbed in the event any such lienholder or any other person takes its possession of the Premises through foreclosure proceeding or otherwise. Upon Premises. (b) Tenant shall, upon the request of LandlordLandlord or any existing, Tenant shall subordinate this Lease to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as Tenant is not in default hereunder.potential or

Landlord May Grant Liens. Without the consent of Tenant, Landlord may, subject to the terms and conditions set forth below in this Section 1722.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement ("ENCUMBRANCEEncumbrance") upon the Premisesapplicable Leased Property, or any portion thereof or interest therein (including this Lease)therein, whether to secure any borrowing or other means of financing or refinancing or otherwiserefinancing. Any such Encumbrance shall include the right to prepay (whether or not subject to a prepayment penalty) and shall provide (subject to Section 22.2 below) that it is subject to the rights of Tenant under this the applicable Lease, and shall further provide that so long as no Event including the rights of Default shall have occurred under this Lease, Tenant's occupancy hereunder, including but without limitation Tenant to acquire such Leased Property pursuant to the applicable provisions of the applicable Lease (except Tenant's right of quiet enjoyment provided in Section 18, first refusal to purchase such Leased Property shall not be disturbed apply upon foreclosure or transfer in the event lieu thereof, provided, that any such lienholder purchaser or any other person takes possession of the Premises through foreclosure proceeding or otherwise. Upon the request of Landlord, Tenant transferee (a) shall subordinate this Lease take title subject to the lien of a new Encumbrance on the Premises, on the condition that the proposed lender agrees not to disturb Tenant's rights under this Lease so long as to acquire such Leased Property pursuant to the applicable Lease, (b) shall agree to give Tenant is not the same notice, if any, given to Landlord of any default or acceleration of any obligation with respect to such Encumbrance, and (c) shall agree to permit Tenant to appear by its representative and bid at any sale in default hereunderforeclosure made with respect to any such Encumbrance).