Leasehold Mortgage Provisions. The provisions of this Section 23 shall supersede any contrary or inconsistent provisions in this Ground Lease and in the event of any inconsistency or conflict between the provisions of this Section 23 and any other provision of this Ground Lease, the provisions of this Section shall govern and control.
Leasehold Mortgage Provisions. (i) The Mortgagor covenants and agrees as follows: (a) to promptly pay all rent, additional rent and other sums or charges required to be paid by the tenant under the Leases; (b) to promptly and faithfully observe, perform and comply with all the terms, covenants and provisions thereof on its part to be observed, performed and complied with, at the times set forth therein; (c) not to do, permit, suffer or refrain from doing anything as a result of which, there could be a default under or breach of any of the terms thereof; (d) not to cancel, or terminate the Lease; nor to suffer or permit such cancellation or termination, not to modify, amend or in any way alter or permit the alteration of any of the material terms thereof, nor to surrender the property demised thereunder, (e) to give the Mortgagee immediate notice of any default by anyone thereunder and to promptly deliver to the Mortgagee copies of each notice of default and all other notices, communications, plans, specifications and other similar instruments received or delivered by the Mortgagor in connection therewith; (f) not to waive, excuse or discharge any of the obligations and agreements of the landlord thereunder, (g) to furnish to the Mortgagee such information and evidence as the Mortgagee may reasonably request concerning the Mortgagor's due observance, performance and compliance with the terms, covenants and provisions thereof; and (h) that any material default of the tenant thereunder shall constitute a default under this Mortgage.
(ii) In the event of any material default by the Mortgagor in the performance of any of its obligations under the Lease, including, without limitation, any default in the payment of rent and other charges and impositions made payable by the tenant thereunder, which default shall continue beyond the applicable' grace period, if any, then, in each and every case, the Mortgagee may, at its option and without notice, cause the default or defaults to be remedied and otherwise exercise any and all of the rights of the Mortgagor thereunder in the name of and on behalf of the Mortgagor. The Mortgagor shall, on demand, reimburse the Mortgagee for all advances made and expenses incurred by the Mortgagee in curing any such default (including, without limitation, reasonable attorneys' fees), together with interest thereon computed at the Post-Default Rate from the date that an advance is made or expense is incurred to and including the date the same is paid. Upon receipt b...
Leasehold Mortgage Provisions. Mortgagor hereby represents and warrants to, and covenants with, Mortgagee as follows:
Leasehold Mortgage Provisions. Tenant shall be entitled to subject its leasehold estate and all of its rights and interests in and to the Premises under this Lease (sometimes referred to herein as the “Leasehold Interest”) to a mortgage, mortgages, deed of trust or deeds of trust from time to time on the Leasehold Interest its rights, title, and interests in and to the Premises under or pursuant to this Lease (each a “Leasehold Mortgage”), for the benefit of, and to secure financing from, any mortgage lender(s) from time to time providing construction, interim, or permanent financing or refinancing for the Installations and/or the business of Tenant being conducted on the Premises (each a “Leasehold Mortgagee”). There may be one or more Leasehold Mortgages and Leasehold Mortgagees, at Tenant’s discretion. To facilitate the financing of the Installations, Xxxxxxxx agrees to the following:
Leasehold Mortgage Provisions. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the absolute right (without Landlord’s consent), at any time and from time to time, to mortgage the leasehold interest herein demised on such terms, conditions and maturity as Tenant shall determine, and to enter into any and all extensions, modifications, amendments, replacements, and refinancings of any such leasehold mortgage or mortgages as Tenant may desire. If Tenant, or Tenant’s successors or assigns shall mortgage said leasehold interest, then as long as any such leasehold mortgage or mortgages shall remain unsatisfied of record, the following provisions shall apply, notwithstanding anything to the contrary contained in this Lease, and any pertinent provisions of this Lease shall be deemed to be amended and modified to the extent necessary so as to provide as follows:
(a) Landlord’s rights to cancel, surrender, accept a surrender, or modify this Lease shall be subject to the rights of the leasehold mortgagee under this Section 11.17.
(b) Landlord, upon serving upon Tenant any notice of default pursuant to the provisions of Section 11.17 hereof, or any other notice under the provisions of or with respect to this Lease, shall also serve a copy of such notice on the holder of such mortgage, at the address furnished to Landlord by such holder, and no notice by Landlord to Tenant hereunder shall be deemed to have been duly given unless 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 and until a copy thereof has been so served; provided, however, that Landlord’s obligation to give or provide the holder of any such mortgage with any notice shall be contingent upon such holder providing written notice to Landlord of its existence and setting forth the address to which all such notices are to be delivered. To be effective, the notice by the holder to Landlord must cite this Lease by its full name and its Effective Date (shown on page 1) and must cite this Section 11.17.
(c) Any holder of such mortgage, in case Tenant shall be in default hereunder, shall, within the period and otherwise as herein provided, have the right to remedy such default, or cause the same to be remedied, and Landlord shall accept such performance by or at the instance of such holder as if the same had be...
Leasehold Mortgage Provisions. [INTENTIONALLY OMITTED]
Leasehold Mortgage Provisions. The provisions of this Article 7 shall apply in the event that, and so long as, any portion of the Property consists of Mortgagor’s interests as tenant under any lease or leases (collectively, including the Existing Ground Lease, the “Ground Leases”). Unless otherwise expressly provided, the lien of this Mortgage shall encumber all of Trustor’s rights and interests under and in connection with any Ground Lease, including without limitation, renewal and extension rights, options to expand, and purchase options (all of which rights shall be collectively referred to herein as a “Ground Leasehold”). Trustor hereby agrees, with respect to each Ground Lease, as follows:
Leasehold Mortgage Provisions. Trustor hereby warrants and represents as follows with respect to: Hale Lane Peek Dennison and Howard Xxxxxxxxx xxx Xxxxxxxxxxx xx Xxx Las Vegas, Nevada (702) 222-2500
Leasehold Mortgage Provisions. (a) For the purpose of this Section 41, the following definitions shall apply: The term “Mortgagee” shall mean any bank, bank holding company, savings and loan association, trust company, credit corporation, insurance company or pension fund (including any entity acting as trustee or agent for any of the foregoing), having assets in excess of One Billion Dollars ($1,000,000,000.00), or a wholly-owned subsidiary of any of the foregoing entities. The term “Nominee” shall mean a direct or indirect wholly-owned subsidiary of a Mortgagee.
Leasehold Mortgage Provisions. 20 (iii) EXHIBIT J OFFICER'S SOLVENCY CERTIFICATE I, the undersigned, the Chief [Accounting] Officer of ElderTrust, a real estate investment trust organized and existing under the laws of the State of Maryland (the "REIT"), do hereby certify on behalf of the REIT that:
1. This Certificate is furnished pursuant to Section [4.14(a)] of the Credit Agreement, dated as of January 30, 1998, among the REIT, ElderTrust Operating Limited Partnership, a Delaware limited partnership (the "Borrower"), the lenders from time to time party thereto, and German American Capital Corporation, as Administrative Agent (such Credit Agreement, as in effect on the date of this Certificate, being herein called the "Credit Agreement"
