Common use of Leasehold Mortgage of Premises Clause in Contracts

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's consent to create a security interest in Tenant's leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the Landlord holds fee title to the Property, the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises (instead of fee title), but that upon the expiration or termination of this Lease and reversion of the Premises’ title to Tenant, the Existing Deed of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease to be given to a Leasehold Mortgagee shall be extended and given to the beneficiaries under the Existing Deed of Trust. Landlord agrees that this Lease shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgagee.

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's ’s consent to create a security interest in Tenant's ’s leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or trust, collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the In addition, if Landlord holds fee title to the Property, Premises subject to the Existing Deed lien of Trust (a fee deed of trust executed by Tenant as defined in Section 38) will be amended trustor prior to encumber only the Tenant’s leasehold interest in acquisition of the Premises by Landlord, then (instead i) such fee deed of trust shall be deemed to be a Leasehold Mortgage for the purposes of this Lease, (ii) the beneficiary under such fee title), but that upon deed of trust shall be deemed to be a Leasehold Mortgagee for the expiration or termination purposes of this Lease and reversion shall be entitled to all of the Premises’ title to Tenant, the Existing Deed rights and privileges of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease to be given to a Leasehold Mortgagee under the terms and provisions of this lease, (iii) such fee deed of trust shall be extended deemed to be the most senior Leasehold Mortgage, and given to (iv) the beneficiaries beneficiary under the Existing Deed such fee deed of Trust. Landlord agrees that this Lease trust shall be subject and subordinate deemed to any Leasehold Mortgage presently existing or hereafter created upon have satisfied the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights notice requirements under this Lease to the Leasehold Mortgageesection 17.2.

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's ’s consent to create a security interest in Tenant's ’s leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or trust, collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the Landlord In addition, if landlord holds fee title to the Propertypremises subject to the lien of a fee deed of trust executed by tenant as trustor prior to the acquisition of the premises by landlord, then (i) such fee deed of trust shall be deemed to be a leasehold mortgage for the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises (instead of fee title), but that upon the expiration or termination purposes of this Lease lease, (ii) the beneficiary under such fee deed of trust shall be deemed to be a leasehold mortgagee for the purposes of this lease and reversion shall be entitled to all of the Premises’ title to Tenantrights and privileges of a leasehold mortgagee under the terms and provisions of this lease, the Existing Deed (iii) such fee deed of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease trust shall be deemed to be given to a Leasehold Mortgagee the most senior leasehold mortgage, and (iv) the beneficiary under such fee deed of trust shall be extended and given deemed to have satisfied the beneficiaries notice requirements under the Existing Deed of Trust. Landlord agrees that this Lease shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgageesection 17.2.

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's consent to create a security interest in Tenant's leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or trust, collateral assignment or otherwise. Any such security interest shall be referred to herein as a “"Leasehold Mortgage,” " and the holder of a Leasehold Mortgage shall be referred to herein as a “"Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the Landlord " In addition, if landlord holds fee title to the Propertypremises subject to the lien of a fee deed of trust executed by tenant as trustor prior to the acquisition of the premises by landlord, then (i) such fee deed of trust shall be deemed to be a leasehold mortgage for the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises (instead of fee title), but that upon the expiration or termination purposes of this Lease lease, (ii) the beneficiary under such fee deed of trust shall be deemed to be a leasehold mortgagee for the purposes of this lease and reversion shall be entitled to all of the Premises’ title to Tenantrights and privileges of a leasehold mortgagee under the terms and provisions of this lease, the Existing Deed (iii) such fee deed of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease trust shall be deemed to be given to a Leasehold Mortgagee the most senior leasehold mortgage, and (iv) the beneficiary under such fee deed of trust shall be extended and given deemed to have satisfied the beneficiaries notice requirements under the Existing Deed of Trust. Landlord agrees that this Lease shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgageesection 17.2.

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's ’s consent to create a security interest in Tenant's ’s leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or trust, collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the Landlord In addition, if landlord holds fee title to the Propertypremises subject to the lien of a fee deed of trust executed by tenant as trustor prior to the acquisition of the premises by landlord, then (i) such fee deed of trust shall be deemed to be a leasehold mortgage for the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises (instead of fee title), but that upon the expiration or termination purposes of this Lease lease, (ii) the beneficiary under such fee deed of trust shall be deemed to be a leasehold mortgagee for the purposes of this lease and reversion shall be entitled to all of the Premises’ title to Tenantrights and privileges of a leasehold mortgagee under the terms and provisions of this lease, the Existing Deed (iii) such fee deed of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease trust shall be deemed to be given to a Leasehold Mortgagee shall be extended and given to the beneficiaries under the Existing Deed of Trust. Landlord agrees that this Lease shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premisesmost senior leasehold mortgage, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgagee.and

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's ’s consent to create a security interest in Tenant's ’s leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties Parties acknowledge and agree that upon the Commencement Date and as long as the Landlord holds fee title to the Property, the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises Property (instead of fee title), but that upon the expiration or termination of this Lease and reversion of the Premises’ Property’s title to Tenant, the Existing Deed of Trust Trust, if not then previously released of record, will again encumber fee title to the PremisesProperty. All protections and notices required by this Lease to be given to a Leasehold Mortgagee shall be extended and given to the beneficiaries under the Existing Deed of Trust. Landlord agrees that this Lease shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to Leasehold Mortgagee a subordination, non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgagee.

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions of this Lease, Tenant or any successor is hereby given the absolute right without the Landlord's ’s consent to create a security interest in Tenant's ’s leasehold interest under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or trust, collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties acknowledge and agree that upon the Commencement Date and as long as the Landlord In addition, if landlord holds fee title to the Propertypremises subject to the lien of a fee deed of trust executed by tenant as trustor prior to the acquisition of the premises by landlord, then (i) such fee deed of trust shall be deemed to be a leasehold mortgage for the Existing Deed of Trust (as defined in Section 38) will be amended to encumber only the Tenant’s leasehold interest in the Premises (instead of fee title), but that upon the expiration or termination purposes of this Lease lease, (ii) the beneficiary under such fee deed of trust shall be deemed to be a leasehold mortgagee for the purposes of this lease and reversion shall be entitled to all of the Premises’ title to Tenantrights and privileges of a leasehold mortgagee under the terms and provisions of this lease, the Existing Deed (iii) such fee deed of Trust will again encumber fee title to the Premises. All protections and notices required by this Lease trust shall be deemed to be given to a Leasehold Mortgagee the most senior leasehold mortgage, and (iv) the beneficiary under such fee deed of trust shall be extended deemed to have satisfied the notice requirements under section 17.2. If XX Xxxxxx Xxxxx Bank, N.A. is the beneficiary of such fee deed of trust, then the name and given to the beneficiaries under the Existing Deed address of Trust. Landlord agrees that this Lease such beneficiary for notice purposes shall be subject and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premisesbe: XX Xxxxxx Chase Bank, and to any amendmentsN.A., modifications10 South Dearborn, renewals and extensions thereof19th floor, and Tenant shall execute and deliver to Leasehold Mortgagee Xxxxxxx, Xxxxxxxx 00000, Attention: Xxxxxx X. Xxxxxxxx‌‌‌ With a subordinationcopy to: Attention: Xxxxxxx x. Xxxxx 000 Xxxxx Xxxxxxx Xxxxxx, nonXxxxx 00, XX0 0000 Xxxxxxx, Xxxxxxx 00000-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgagee.0000

Leasehold Mortgage of Premises. 4.1 Subject to the applicable provisions Tenant and any Successor Owner (as hereafter defined) of this Lease, Tenant all or any successor portion of the Premises, is hereby given the absolute right without the Landlord's consent to create a security interest in Tenant's leasehold interest (or any Successor Owner’s interest) under this Lease (and in any subleases and the rents, income and profits therefrom) by mortgage, deed of trust or collateral assignment or otherwise. Any such security interest shall be referred to herein as a “Leasehold Mortgage,” and the holder of a Leasehold Mortgage shall be referred to herein as a “Leasehold Mortgagee.” The parties Parties acknowledge and agree that upon the Commencement Date and as long as the Landlord holds fee title to the PropertyPremises, the Existing Deed of Trust and any replacement deed of trust securing a new loan (as defined in Section 38a “Replacement Deed of Trust”) will be amended to become a Leasehold Mortgage and encumber only the Tenant’s leasehold interest in the Premises Property (instead of fee title), but that upon the expiration or termination of this Lease and reversion of the Premises’ Premise’s title to Tenant, the Existing Deed of Trust (and any Replacement Deed of Trust) will again encumber fee title to the Premises. All protections and notices required by this Lease to be given to a Leasehold Mortgagee shall be extended and given to the beneficiaries under the Existing Deed of Trust or any Replacement Deed of Trust. Landlord agrees that to sign such agreements and acknowledgements as are consistent with this Lease shall be subject Agreement and subordinate to any Leasehold Mortgage presently existing or hereafter created upon the Premises, and to any amendments, modifications, renewals and extensions thereof, and Tenant shall execute and deliver to reasonably required by a Leasehold Mortgagee in connection with a subordinationLeasehold Mortgage, including but not limited to by way of example, a recognition agreement, estoppel certificate, or subordination non-disturbance and attornment agreement in a form reasonably acceptable to Leasehold Mortgagee, in recordable form, wherein Tenant shall subordinate its rights under this Lease to the Leasehold Mortgageeagreement.