Common use of Lessor May Grant Liens Clause in Contracts

Lessor May Grant Liens. Without the consent of Tenant, Lessor may, subject to the terms and conditions set forth below in this Section 38.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“Encumbrance”) upon any Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, (a) shall agree to give Tenant the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.1Article XXXIV, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“Encumbrance”) upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance may (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease and (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.134.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“Encumbrance”) upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance shall (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease and (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property and (d) shall agree not to disturb Tenant’s possession so long as Tenant is not in default in performing attorn to the new mortgagee, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and agreeing, for itself and its obligations hereundersuccessors and assigns, to comply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of Tenant, ---------------------- Lessor may, subject to the terms and conditions set forth below in this Section ------- 38.1, from time to time, directly or indirectly, create or otherwise cause to ---- exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon ----------- any Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE Article XXXVIII, (a) shall agree to give Tenant the same notice, if any, given --------------- to Lessor of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-of- pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s 's possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.134.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance shall (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease and (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property and (d) shall agree not to disturb Tenant’s possession so long as Tenant is not in default in performing attorn to the new mortgagee, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and agreeing, for itself and its obligations hereundersuccessors and assigns, to comply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of Tenant, Lessor may, subject to the terms and conditions set forth below in this Section 38.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“Encumbrance”) upon any Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE Article XXXVIII, (a) shall agree to give Tenant the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of Tenant, Lessor ---------------------- may, subject to the terms and conditions set forth below in this Section 38.1, ------------ from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any ----------- Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE Article ------- XXXVIII, (a) shall agree to give Tenant the same notice, if any, given to Lessor ------- of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s 's possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.134.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance shall (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease, (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of Tenant, Lessor may, subject to the terms and conditions set forth below in this Section 38.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE Article XXXVIII, (a) shall agree to give Tenant the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s 's possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of Tenant, Lessor ----------------------- may, subject to the terms and conditions set forth below in this Section 38.1, ------------ from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any ----------- Leased Property or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE Article ------- XXXVIII, (a) shall agree to give Tenant the same notice, if any, given to Lessor ------- of any default or acceleration of any obligation underlying any such mortgage or any sale in foreclosure under such mortgage, (b) shall agree to permit Tenant to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant shall be reimbursed by Lessor for any and all out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), (c) shall agree to permit Tenant to appear by its representative and to bid at any sale in foreclosure made with respect to any such mortgage and (d) shall agree not to disturb Tenant’s 's possession so long as Tenant is not in default in performing its obligations hereunder.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.1Article XXXIV, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any a Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance may (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Master Lease and (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Master Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Master Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.1Article XXXIV, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance may (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease and (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ ' fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.134.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“"Encumbrance”") upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance shall (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease, (c) contain the Agreement by the holer of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s 's behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect affect any such cure (including reasonable attorneys’ ' fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article XXXIV.

Lessor May Grant Liens. Without the consent of TenantLessee, Lessor may, subject to the terms and conditions set forth below in this Section 38.133.1, from time to time, directly or indirectly, create or otherwise cause to exist any lien, encumbrance or title retention agreement (“Encumbrance”) upon any the Leased Property Property, or any portion thereof or interest therein, whether to secure any borrowing or other means of financing or refinancing. Any lender, which takes an interest in the applicable Leased Property pursuant to this ARTICLE XXXVIII, such Encumbrance shall (a) shall agree contain the right to prepay (whether or not subject to a prepayment penalty); (b) provide that it is subject to the rights of Lessee under this Lease, (c) contain the Agreement by the holder of the Encumbrance that it will (1) give Tenant Lessee the same notice, if any, given to Lessor of any default or acceleration of any obligation underlying any such mortgage Encumbrance or any sale in foreclosure under such mortgageEncumbrance, (b2) shall agree to permit Tenant Lessee to cure any such default on Lessor’s behalf within any applicable cure period, and Tenant Lessee shall be reimbursed by Lessor for any and all costs incurred in effecting such cure, including without limitation out-of-pocket costs incurred to effect any such cure (including reasonable attorneys’ fees), ) and (c3) shall agree to permit Tenant Lessee to appear by its representative and to bid at any sale in foreclosure made with respect to any such Encumbrance. Upon the request of Lessor, Lessee shall subordinate this Lease to the lien of a new mortgage on the Leased Property, on the condition that the proposed mortgagee executes a non-disturbance agreement recognizing this Lease, and (d) shall agree not agreeing, for itself and its successors and assigns, to disturb Tenant’s possession so long as Tenant is not in default in performing its obligations hereundercomply with the provisions of this Article 33.