Landlord’s Consents. Promptly following the Closing Date and from time to time thereafter, each Borrower shall, and the Company shall cause each present and future Subsidiary to, use commercially reasonable efforts to obtain and deliver to Agent an agreement, release and consent to the security interest of Agent and the Lenders in the Collateral, in form and substance reasonably acceptable to Agent from any present or future owner or landlord of any real property leased by a Loan Party as lessee (each a “Landlord’s Consent”).
Landlord’s Consents. The Seller shall cause, on or before the expiration of thirty (30) days after the Closing Date, the Company to obtain from its landlords (to the extent required under the pertinent premises leases) written consent to the assignment of said leases to the Buyer which assignment is deemed to have resulted from the transactions contemplated by this Agreement.
Landlord’s Consents. Landlord hereby consents to, and agrees that the Leasehold Mortgages may contain provisions for any or all of the following:
(i) An assignment of Tenant's share of the net proceeds from available insurance coverage or from any award or other compensation resulting from a total or partial taking of the Leasehold by condemnation;
(ii) The entry by the Lender upon the Leasehold during business hours, without notice to Landlord or Tenant, to view the state of the Leasehold;
(iii) A default by Tenant under the Lease being deemed to constitute a default under the Leasehold Mortgages;
(iv) An assignment of Tenant's right, if any, to terminate, cancel, modify, change, supplement, alter, or amend the Lease, including, without limitation, Tenant's right under Section 365(h) (1) of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq. (the "Bankruptcy Code"), to elect to treat the Lease as terminated, and an assignment of all of Tenant's other rights under the Federal Bankruptcy Code;
(v) An assignment of any sublease to which a Leasehold Mortgage is subordinated; and
(vi) The following rights and remedies (among others) to be available to the Lender upon the default under any Leasehold Mortgage:
(A) The foreclosure of the Leasehold Mortgages pursuant to a power of sale, by judicial proceedings or other lawful means and the sale of the Leasehold to the purchaser at the foreclosure sale and a subsequent sale or sublease of the Leasehold by such purchaser if the purchaser is a Lender or its nominee or designee; provided, however that Lender and Tenant agree that, in connection therewith, any outstanding tax-exempt economic development revenue bonds for the Leasehold improvements shall be redeemed and/or discharged in full unless the Landlord consents to such bonds remaining outstanding, which consent shall be conditioned upon the receipt of an opinion of nationally recognized bond counsel to the effect that the acquisition of the Leasehold by such purchaser or its successor and the use of the Leasehold by such purchaser or its successor will not result in interest on such bonds being includable in the gross income of the holders of such bonds for Federal income tax purposes;
(B) The appointment of a receiver, irrespective of whether the Lender accelerates the maturity of all indebtedness secured by the Leasehold Mortgages;
(C) The right of the Lender or the receiver appointed under subparagraph (B) above to enter and take possession of the Leasehold, to manage and...
Landlord’s Consents. BORROWER will obtain the Landlord's Consents for the locations set forth in Section 4.5(a) above and any others which AGENT using its reasonable commercial judgment deems necessary or desirable, provided, however, that in the event that despite BORROWER's best efforts BORROWER is unable to deliver to AGENT any Landlord's Consent required hereunder, AGENT and the LENDERS will forbear from requiring such Landlord's Consent upon the condition that BORROWER shall, from time to time upon the reasonable request of AGENT (such request to be deemed reasonable if, so long as no Event of Default has occurred and is continuing, made no more than twice a year), report to AGENT all rent payments made by BORROWER to the owner or owners of the locations set forth in Section 4.5 above, it being understood that BORROWER's failure to provide AGENT with proof of any such rent payment within 15 days of AGENT's request therefor will be sufficient evidence that an Event of Default has occurred hereunder. During any period of time that BORROWER fails to provide AGENT with proof of its rent payment as aforesaid and not in limitation of any other right of AGENT hereunder, AGENT may reserve from BORROWER's availability to borrow under the Revolving Loan the amount of rental which became due and owing from the date of the last proof submission by BORROWER. END OF ARTICLE V
Landlord’s Consents. Whenever under this Lease Landlord’s consent or approval is expressly or impliedly required, the same may be arbitrarily withheld except as otherwise specified herein.
Landlord’s Consents. (a) Until the Closing Date, Xxxxxx will use all reasonable efforts (subject to the provisions of paragraph (d) below) to obtain the Headquarters Landlord's Consent.
(b) Until the last Store Transfer Closing Date (and thereafter to the extent contemplated by the proviso to Section 2.3(a)), Xxxxxx will use all reasonable efforts (subject to the provisions of paragraph (d) below) to obtain Store Landlords' Consents in respect of each of the Store Leases on or before the Store Transfer Closing Date with respect to such Store Lease.
(c) Xxxxxxx will have the right to participate in such efforts and to engage a consultant of its choosing to advise it in connection with such participation, and Xxxxxx will cooperate with Xxxxxxx and Xxxxxxx'x consultant in all reasonable respects relating to Xxxxxx'x undertakings under paragraphs (a) and (b) of this Section 5.5. -----------
(d) Xxxxxxx will bear all expenses incurred by it in connection with its rights and obligations under this Section 5.5 (including any expense ----------- associated with the retaining by Xxxxxxx of the consultant contemplated by paragraph (c) above). Xxxxxx will bear all expenses incurred by it in connection with its obligations under this Section 5.5, will pay all state and local ----------- transfer taxes payable in respect of the assignment of the Store Leases and, if necessary to obtain the consent of any of such landlords, will pay or reimburse to the respective landlords under the Headquarters Lease and the Store Leases all reasonable fees, costs and expenses incurred by such landlords in connection with the granting of the Headquarters Landlord's Consent and the Store Landlords' Consents contemplated thereby, provided that the amount of any such -------- transfer taxes, together with any such reasonable fees, costs and expenses reimbursable to such landlords, does not exceed $1,000 with respect to the Headquarters Lease, $1,000 with respect to any Store Lease or $100,000 in the aggregate as to all such Store Leases.
Landlord’s Consents. A Landlord's Consent, duly executed by the owner of each leased premises identified on Schedule 4.12, 4.13 or 4.15 to the Parent Loan Agreement where Collateral or Third Party Collateral is located other than 4209 Vineland Road, Orlando, Florida;
Landlord’s Consents. On or before the Closing Date, Sellers shall cause Sigma6 to obtain from its landlords (to the extent required under the pertinent premises lease) written consent to the assignment of all leases being assumed by Buyer, which assignments are deemed to have resulted from the transactions contemplated by this Agreement.
Landlord’s Consents. If required by Agent or Required Lenders, Borrower shall and shall cause each Loan Party to, use its best efforts to obtain and deliver to Agent from time to time an agreement, release and consent to the security interest of Agent and the Lenders in the Collateral, in form and substance reasonably acceptable to Agent from any owner or landlord of any real property leased by a Borrower as lessee (each a “Landlord’s Consent”).
Landlord’s Consents. Unless otherwise expressly provided in this Lease, all consents and approvals to be given by Landlord may be withheld for any reason or no reason, at Landlord's sole discretion, and any such action shall not be deemed inconsistent with any covenant of good faith and fair dealing otherwise implied by law to be a part of this Lease. Landlord's failure to respond to a request for consent or approval from Tenant with thirty (30) days (or such other period as may be provided in this Lease) shall be deemed to constitute the granting of such consent or approval.
