Leases and Tenancies to lease or licence any Charged Assets to any person on any terms and for any rent or fee, to agree to any change to such terms or rent and to accept any surrender of such lease or licence on any terms (including the payment of any surrender premium) and to make agreements and arrangements with and make allowances to any lessees, tenants or other persons from whom any rents and profits may be payable, in each case it shall think fit;
Leases and Tenancies. (a) If any claim is made against Purchaser by any Tenant asserting an offset against rent or otherwise, including any rent over-charges or failure in construction or to provide services, with respect to any matter which arose prior to Closing, Seller shall indemnify and hold Purchaser harmless for all losses, damages and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred by Purchaser in connection thereof. After Purchaser shall receive notice of a claim that may give rise to an indemnity hereunder, Purchaser shall notify Seller; provided, however, the failure to give any notice shall not relieve Seller from any liability hereunder unless such failure impairs the right to defend such action. In the event any claim is brought against Purchaser with respect to which Seller may have liability under the indemnity agreement contained in this Paragraph 7.(a), the claim may, upon written agreement of Seller that it is obligated to indemnify against the particular claim under the indemnity agreement contained herein, be settled by Seller with the prior written consent of Purchaser, which shall not be unreasonably withheld.
(b) Purchaser shall assume the Leases following the Closing and shall indemnify and hold Seller harmless for all losses, damages and expenses (including, without limitation, reasonable attorneys' fees and costs) incurred by Seller arising from any claim by a Tenant in respect to any obligation to Tenant assumed by Purchaser or any advance rental credited to Purchaser. After Seller shall receive notice of a claim that may give rise to an indemnity hereunder, Seller shall notify Purchaser; provided, however, the failure to give any notice shall not relieve Purchaser from any liability hereunder unless such failure impairs the right to defend such action. In the event any claim is brought against Seller with respect to which Purchaser may have liability under the indemnity agreement contained in this Paragraph 7.(b), the claim may, upon written agreement of Purchaser that it is obligated to indemnify against the particular claim under the indemnity contained herein, be settled by Purchaser with the prior written consent of Seller, which shall not be unreasonably withheld.
(c) Seller agrees not to apply or return any security deposit in whole or in part. At the Closing, Seller shall turn over to Purchaser all Tenant security deposits plus any interest earned thereon for the benefit of Tenant together with an updat...
Leases and Tenancies. Grantor shall submit to the Grantee for Grantee’s examination and approval in writing, which approval shall not be unreasonably withheld or delayed prior to the execution, delivery and commencement thereof, all leases, tenancies and occupancies of the Premises and any part thereof; any such leases, tenancies and occupancies, not so approved, shall not he valid; and Grantor at its cost and expense, upon request of Grantee, shall cause any parties in possession of the Premises under any such leases, tenancies and occupancies, not so approved, to vacate and surrender possession and control of the Premises immediately; and Grantor acknowledges that Grantee may from time to time at its option enter upon the mortgaged Premises and take any other action in court or otherwise to cause such parties to vacate the Premises; the costs and expenses of Grantee in so doing shall be paid by Grantor to Grantee on demand thereof and shall be part of the Obligations secured by this Mortgage as costs and expenses incurred to preserve and protect the security; such rights of Grantee shall be in addition to all its other rights as Mortgagee, including the right of foreclosure, for breach by Grantor in the requirements of this paragraph.
Leases and Tenancies. In respect of any property (including, without limitation, real property and buildings) or other asset held under lease, tenancy or license by any member of the Group, (i) such lease, tenancy or license (A) is in full force and effect, (B) has been duly authorized, executed and delivered by such member of the Group, and (C) is legal, valid, binding, subsisting and enforceable by such member of the Group in accordance with its terms; (ii) no default (or event which with notice, lapse of time, fulfillment of any condition and/or compliance with any formality would constitute a default) under such lease, tenancy or license by any member of the Group has occurred and is continuing or is likely to occur; (iii) no member of the Group is aware of any action of any nature that has been asserted by any person which (x) may be adverse to the rights or interests of such member of the Group under such lease, tenancy or license or (y) which may affect the rights of such member of the Group to the continued possession or use of such leased or licensed property or other asset;
Leases and Tenancies. Seller shall be permitted to lease the Properties subject to and in accordance with the following: (i) Seller shall interview prospective tenants, make credit and reference checks of prospective tenants for proposed leases of five thousand (5,000) square feet or more (and upon request of Purchaser, for proposed leases of less than five thousand (5,000) square feet) and furnish such information to Purchaser; (ii) the proposed tenant shall be a reputable entity with sufficient financial means in Seller's reasonable
Leases and Tenancies. The "Leases" shall mean all leases, including -------------------- any rents, issues and profits, if any, affecting the Property, or any part thereof, including the leases listed on Exhibit "B" attached to this Assignment.
Leases and Tenancies. To the best of Seller’s knowledge, there are no leases or occupancy agreements affecting the Property except the Lease. Except for the purchase option held by the Tenant pursuant to the provisions of the Lease, neither Seller nor the Trustee has granted any purchase option, right of first refusal or preferential purchase rights with respect to the Property or any part thereof. With respect to the Lease:
(i) The Lease is in full force and effect and has not been amended, modified or altered, in writing or otherwise, except as set forth in Schedule 4.1(d). Neither the Trustee nor Seller has given, nor has the Trustee or Seller received, any written notice of a default under the Lease that remains uncured. Tenant is not in default under or in arrears in the payment of any sums or, to the knowledge of Seller, in the performance of any obligations required of it under the Lease;
(ii) All obligations of the landlord under the Lease (“Landlord”) that have accrued as of the date hereof have been performed including, but not limited to, all required tenant improvements, cash or other inducements, rent abatements, installations and construction (for which payment in full has been made);
(iii) Seller has not received written notice from Tenant (a) requesting a reduction in the rent payable under the Lease, (b) advising Landlord that Tenant intends to assign its interest under the Lease, except for that certain notice letter dated December 29, 2000 from Brylane, L.P. (the predecessor-in-interest to Tenant) advising Landlord the Lease had been assigned to Xxxxxxxx’x of Boston, Inc., the general and limited partner of Brylane, L.P., (c) requesting any modification, amendment or termination of the Lease, or (d) indicating that Tenant has commenced a voluntary case or has had entered against it an order for relief under the United States Bankruptcy Code (Title 11 of the United States Code); and
(iv) A true, accurate and complete copy of the Lease has previously been delivered to Buyer.
Leases and Tenancies. The “Leases” shall mean all leases and any amendments thereto identified on Exhibit B attached to this Assignment.
Leases and Tenancies. Prior to the execution of the Contract the Seller shall disclose to the Buyer in writing all occupancies or rights to 130 occupancy, rental, rate, nature, duration and terms (including any special clauses or covenants) of all occupancies. Within ten (10) calendar days after 131 execution of Contract, Seller shall furnish to Buyer copies of all written leases and statements from each tenant verifying the accuracy of statements 132 previously furnished by Seller. If Xxxxxx is unable to obtain the foregoing statements from tenants, the same information may be provided in a Seller’s 133 Affidavit. If there is a material discrepancy between statements provided by Seller and verification received by Xxxxx, this Contract at Buyer’s option 134 may be cancelled and all deposits made shall be returned to Buyer. No new occupancies shall be created without the written consent of Buyer, which 135 consent shall not be unreasonably withheld. Seller shall deliver and assign all existing leases, unmodified, to Buyer at closing.
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