Landlord’s Assignment. 14.1 The Landlord may assign its rights under this Lease to a lending institution as collateral security and in the event that such an assignment is given and executed by the Landlord and notification thereof is given to the Tenant by or on behalf of the Landlord, it is expressly agreed between the Landlord and the Tenant that this Lease shall not be canceled or modified for any reason whatsoever without the consent in writing of such lending institution. 14.2 This Lease and all rights of the Tenant hereunder shall be subject and subordinate at all times to any and all mortgages, hypothecs or trust deeds of hypothec, mortgage and pledge affecting the Leased Assets which have been executed or which may at any time hereafter be executed and any and all extensions and renewals thereof and substitutions therefor. The Tenant agrees to execute any instrument which the Landlord may deem necessary or desirable to evidence the subordination of this Lease to any or all such underlying leases, mortgages, hypothecs or trust deeds of hypothec, mortgage and pledge. However, the Tenant will be required to subordinate the Lease only if such mortgagee or hypothecary creditor agrees to enter into a non-disturbance agreement in a form acceptable to the Tenant acting reasonably, whereby the mortgagee or hypothecary creditor accepts the attornment to the mortgagee or hypothecary creditor by the Tenant and permits the Tenant to remain in possession of the Leased Assets, as long as the Tenant is not in default hereunder. 14.3 The Tenant agrees to execute and deliver, at any time and from time to time, upon the request of the Landlord or of the landlord under any underlying lease or of the holder of any such mortgage, hypothec or trust deed of hypothec, mortgage and pledge, any instrument which may be necessary or appropriate to evidence such attornment. 14.4 The Tenant will upon request of the Landlord furnish to each creditor under a mortgage, hypothec or trust deed of hypothec, mortgage and pledge a written statement that this Lease is in full force and effect and that the Landlord has complied with all its obligations under this Lease and any other reasonable written statement, document or estoppel certificate requested by any such creditor and/or acquirer.
Appears in 2 contracts
Samples: Lease Agreement (Harris Stratex Networks, Inc.), Lease Agreement (Harris Stratex Networks, Inc.)
Landlord’s Assignment. 14.1 The Landlord may shall have the right to transfer, assign and convey, in whole or in part, the Leased Property and any and all of its rights under this Lease to by any conveyance that constitutes a lending institution as collateral security and in the event that such an assignment is given and executed by the Landlord and notification thereof is given to the Tenant by or on behalf of the LandlordPermitted Transfer. (However, it is expressly agreed between the Landlord and the Tenant that this Lease shall not be canceled or modified for any reason whatsoever without the consent in writing of such lending institution.
14.2 This Lease and all rights of the Tenant hereunder Permitted Transfer shall be subject to all of the provisions of each and subordinate at all times to any and all mortgages, hypothecs or trust deeds of hypothec, mortgage and pledge affecting every agreement concerning the Leased Assets which have been executed Property then existing between Landlord and Tenant, including without limitation this Lease and the Purchase Agreement.) If Landlord sells or which may at otherwise transfers the Leased Property and assigns its rights under this Lease, the Purchase Agreement and the Pledge Agreement pursuant to a Permitted Transfer, then to the extent Landlord's successor in interest confirms its liability for the obligations imposed upon Landlord by this Lease, the Purchase Agreement and the Pledge Agreement on and subject to the express terms and conditions set out herein and therein, the original Landlord shall thereby be released from any time hereafter be executed obligations thereafter arising under this Lease, the Purchase Agreement and any the Pledge Agreement, and all extensions Tenant will look solely to each successor in interest of Landlord for performance of such obligations. However, notwithstanding anything to the contrary herein contained, if withholding taxes are imposed on the rents and renewals thereof and substitutions therefor. The Tenant agrees other amounts payable to execute any instrument which the Landlord may deem necessary or desirable to evidence the subordination hereunder because of Landlord's assignment of this Lease to any citizen of, or all such underlying leasesany corporation or other entity formed under the laws of, mortgagesa country other than the United States, hypothecs or trust deeds of hypothec, mortgage and pledge. However, the Tenant will shall not be required to subordinate compensate such assignee for the Lease only if such mortgagee or hypothecary creditor agrees to enter into a non-disturbance agreement in a form acceptable to withholding tax. Further, during the Tenant acting reasonably, whereby the mortgagee or hypothecary creditor accepts the attornment to the mortgagee or hypothecary creditor by the Tenant Term and permits the Tenant to remain in possession of the Leased Assets, as so long as no Event of Default has occurred and is continuing, Landlord shall not decrease the Tenant percentage of Base Rent it (and/or its Affiliates) is entitled to receive and retain under the Participation Agreement below ten percent (10%) without Tenant's consent, which consent will not in default hereunderbe unreasonably withheld.
14.3 The Tenant agrees to execute and deliver, at any time and from time to time, upon the request of the Landlord or of the landlord under any underlying lease or of the holder of any such mortgage, hypothec or trust deed of hypothec, mortgage and pledge, any instrument which may be necessary or appropriate to evidence such attornment.
14.4 The Tenant will upon request of the Landlord furnish to each creditor under a mortgage, hypothec or trust deed of hypothec, mortgage and pledge a written statement that this Lease is in full force and effect and that the Landlord has complied with all its obligations under this Lease and any other reasonable written statement, document or estoppel certificate requested by any such creditor and/or acquirer.
Appears in 2 contracts
Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp)