Common use of LESSOR'S ASSIGNMENT Clause in Contracts

LESSOR'S ASSIGNMENT. All rights of Lessor hereunder, in the rent and in the Equipment may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in which event Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee any defense, set-off, recoupment, claim or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 hereof and this paragraph 16, this Lease inures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors and assigns of the parties hereto.

Appears in 2 contracts

Samples: Master Lease Agreement (Carbide Graphite Group Inc /De/), Master Lease Agreement (Whiteford Partners L P)

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LESSOR'S ASSIGNMENT. All rights of the Lessor hereunder, in the rent and in the Equipment hereunder may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, part without notice to the Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under If the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in which event Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 hereof. If Lessor assigns this Lease or the monies rentals due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee whether as security for any defenseof its indebtedness or otherwise, set-off, recoupment, claim no breach or counterclaim which Lessee may have against Lessor, whether arising default by the Lessor under this Lease or pursuant to any other transaction agreement between the Lessor or the Lessee, if any, shall excuse performance by the Lessee of any provision hereof. No assignee of Lessor shall be obligated to perform any duty, covenant or condition required to be performed hereunder by the Lessor. Xxxxxx agrees to provide prompt and Lesseefull cooperation with the requirements of Xxxxxx's lenders, including, without limitation, executing such forms of lease subordination, estoppel, UCC financing statements and other documents as may be required by Xxxxxx's lender within three (3) business days of when requested. Subject Failure of Lessee to paragraph 15 hereof and perform its obligations under this paragraph 16Paragraph 24 shall be considered a Default under this Lease. Additionally, Xxxxxx agrees to direction from Xxxxxx's lender on or after receipt by Xxxxxx of such direction from Xxxxxx's lender. Except as provided in this Lease, a person who is not a party to this Lease inures shall not have any rights to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors and assigns enforce any term of the parties heretothis Lease.

Appears in 1 contract

Samples: Equipment Lease Agreement

LESSOR'S ASSIGNMENT. All rights of Lessor hereunder, in the rent and in the Equipment may be assigned, pledged, mortgaged, . transferred, or otherwise disposed of, either in whole or in part, without notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in which event Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 18 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee any defense, set-off, recoupment, claim or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 16 hereof and this paragraph 1617, this Lease inures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors and assigns of the parties hereto.

Appears in 1 contract

Samples: Master Lease Agreement (Judge Group Inc)

LESSOR'S ASSIGNMENT. All (a) Without the consent of the Lottery Commission or the Nevada gaming authorities, only if such consent is required under applicable law, Lessor shall not assign, bail, sublease, hypothecate, transfer or dispose of the Equipment or any interest in this Lease. (b) Subject to any consents required by subparagraph (a) above, until such time as there is no further possibility of fundings under the discretionary leasing facility as described in the Proposal, whether because the Proposal has expired or terminated or because the amounts have been paid in full to Lessee or otherwise, Lessor shall not assign, bail, sublease, hypothecate, transfer or dispose of the Equipment or any interest in this Lease without the prior written consent of the Lessee which consent shall not be unreasonably withheld; PROVIDED HOWEVER, that a transfer of Lessor's interest as a result of the Lessor's merger or consolidation with or acquisition by another bank or other licensed lending institution or of a change in the organizational structure of the Lessor shall not require the consent of the Lessee; and provided further that on and after such time as there is no further possibility of fundings under the discretionary leasing facility pursuant to the Proposal, all rights of Lessor hereunder, hereunder in the rent Rents and in the Equipment may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such dutyall duties, covenantcovenants, and condition conditions under the Lease unless and until its proposed assignee is approved by the Lottery Commission and consented to by the Lessee, (but only if such consent is required under subparagraph (a) hereof) at which time such assignee can expressly assumes assume Lessor's obligations, in which event and if expressly assumed, the Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 18 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee any defense, set-off, recoupment, claim or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 16 hereof and this paragraph 1617, and subject to paragraph 9 hereof, this Lease inures to the benefit of, and is binding upon, upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.

Appears in 1 contract

Samples: Master Lease Agreement (MTR Gaming Group Inc)

LESSOR'S ASSIGNMENT. All rights of Lessor hereunder, hereunder in the rent Rents and in the Equipment may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without following notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in which event Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 18 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee any defense, set-off, recoupment, claim or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 16 hereof and this paragraph 1617, this Lease inures to the benefit of, and is binding upon, upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.

Appears in 1 contract

Samples: Master Lease Agreement (Suprema Specialties Inc)

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LESSOR'S ASSIGNMENT. All rights of Lessor hereunder, in the rent hereunder and in the any Item of Equipment may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in such obligations at which event time Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers powers, and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 Paragraph 22 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest hereintherein, Lessee agrees not to assert against Lessor's assignee any defense, set-set off, recoupment, claim claim, or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 Paragraph 20 hereof and this paragraph 16Paragraph 21, this Lease inures to the benefit of, and is binding upon, the heirs, legatees, personal representatives, successors successors, and assigns of the parties hereto.

Appears in 1 contract

Samples: Master Lease Agreement (Obsidian Enterprises Inc)

LESSOR'S ASSIGNMENT. All rights of Lessor hereunder, hereunder in the rent Rents and in the Equipment may be assigned, pledged, mortgaged, transferred, or otherwise disposed of, either in whole or in part, without notice to Lessee. No such assignee shall be obligated to perform any duty, covenant, or condition required to be performed by Lessor under the terms of this Lease unless such assignee expressly assumes such obligations. Lessor shall remain liable to Lessee hereunder to perform such duty, covenant, and condition unless such assignee expressly assumes Lessor's obligations, in which event Lessee hereby releases Lessor from such obligations. Such assignee shall have all rights, powers and remedies given to Lessor by this Lease, and shall be named as lender loss payee or co-insured under all policies of insurance maintained pursuant to paragraph 17 18 hereof. If Lessor assigns this Lease or the monies due or to become due hereunder or any other interest herein, Lessee agrees not to assert against Lessor's assignee any defense, set-off, recoupment, claim or counterclaim which Lessee may have against Lessor, whether arising under this Lease or any other transaction between Lessor and Lessee. Subject to paragraph 15 16 hereof and this paragraph 1617, this Lease inures to the benefit of, and is binding upon, upon the heirs, legatees, personal representatives, successors and assigns of the parties hereto.

Appears in 1 contract

Samples: Master Lease Agreement (Media Sciences International Inc)

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