Common use of Leases; Lease Approval; Lease Termination Clause in Contracts

Leases; Lease Approval; Lease Termination. (a) Unless otherwise consented to by Administrative Agent in writing, all Leases entered into after the date of this Agreement shall (i) be to unaffiliated third parties and under market terms (provided, “market terms” shall not be deemed to require market rents), including, without limitation, those relating to insurance, waiver of claims, damage and destruction, condemnation, notice to mortgagee and subordination and attornment, (ii) provide for uses of the relevant Property that are consistent with first-class management thereof, and (iii) be on a standard form lease reasonably approved by Administrative Agent subject to modification as reasonably required by the applicable Borrower. Additionally, a Borrower shall not execute any Major Lease nor materially modify or voluntarily terminate any such Major Lease (except for terminations by reason of a material default), in each case without Administrative Agent’s prior consent, not to be unreasonably withheld; provided, that any Major Lease with respect to more than the lesser of (i) twenty percent (20%) of the net rentable space of the Properties, in the aggregate (as of the date of determination) or (ii) the greater of A) twenty-five percent (25%) of the net rentable space of a Property or (B) 200,000 square feet of net rentable area or shall be subject to the reasonable approval of Requisite Lenders.

Appears in 1 contract

Samples: And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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Leases; Lease Approval; Lease Termination. (a) Unless otherwise consented to by Administrative Agent in writing, all Leases entered into after the date of this Agreement shall (i) be to unaffiliated third parties and under market terms (provided, "market terms" shall not be deemed to require market rents), including, without limitation, those relating to insurance, waiver of claims, damage and destruction, condemnation, notice to mortgagee and subordination and attornment, (ii) provide for uses of the relevant Property that are consistent with first-class management thereof, and (iii) be on a standard form lease reasonably approved by Administrative Agent subject to modification as reasonably required by the applicable Borrower. Additionally, a Borrower shall not execute any Major Lease nor materially modify or voluntarily terminate any such Major Lease (except for terminations by reason of a material default), in each case without Administrative Agent’s prior consent, not to be unreasonably withheld; provided, that any Major Lease with respect to more than the lesser of (i) twenty percent (20%) of the net rentable space of the Properties, in the aggregate (as of the date of determination) or (ii) the greater of A) twenty-five percent (25%) of the net rentable space of a Property or (B) 200,000 square feet of net rentable area or shall be subject to the reasonable approval of Requisite Lenders.

Appears in 1 contract

Samples: And Consolidated Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Leases; Lease Approval; Lease Termination. (a) Unless otherwise consented to by Administrative Agent in writing, all Leases entered into after the date of this Agreement shall (i) be to unaffiliated third parties and under market terms (provided, “market terms” shall not be deemed to require market rents), including, without limitation, those relating to insurance, waiver of claims, damage and destruction, condemnation, notice to mortgagee and subordination and attornment, (ii) provide for uses of the relevant Property that are consistent with first-class management thereof, and (iii) be on a standard form lease reasonably approved by Administrative Agent subject to modification as reasonably required by the applicable Borrower. Additionally, a Borrower shall not execute any Major Lease nor materially modify or voluntarily terminate any such Major Lease (except for terminations by reason of a material default), in each case without Administrative Agent’s prior consent, not to be unreasonably withheld; provided, that any Major Lease with respect to more than the lesser of (i) twenty percent (20%) of the net rentable space of the Properties, in the aggregate (as of the date of determination) or (ii) the greater of A) twenty-five percent (25%) of the net rentable space of a Property or (B) 200,000 100,000 square feet of net rentable area or shall be subject to the reasonable approval of Requisite Lenders.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

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Leases; Lease Approval; Lease Termination. (a) Unless otherwise consented to by Administrative Agent in writing, all Leases entered into after the date of this Agreement shall (i) be to unaffiliated third parties and under market terms (provided, “market terms” shall not be deemed to require market rents), including, without limitation, those relating to insurance, waiver of claims, damage and destruction, condemnation, notice to mortgagee and subordination and attornment, (ii) provide for uses of the relevant Property that are consistent with first-class management thereof, and (iii) be on a standard form lease reasonably approved by Administrative Agent subject to modification as reasonably required by the applicable Borrower. Additionally, a Borrower shall not execute any Major Lease nor materially modify or voluntarily terminate any such Major Lease (except for terminations by reason of a material default), in each case without Administrative Agent’s prior consent, not to be unreasonably withheld; provided, that any Major Lease with respect to more than the lesser (A) 175,000 square feet of net rentable area or (iB) twenty fifteen percent (2015%) of the net rentable space total square footage of the Properties, in the aggregate Properties (as of the date of determination) or (ii) the greater of A) twenty-five percent (25%) of the net rentable space of a Property or (B) 200,000 square feet of net rentable area or shall be subject to the reasonable approval of Requisite Lenders.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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