Common use of Mortgage Loans, Leases and Rents Clause in Contracts

Mortgage Loans, Leases and Rents. With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall enforce all of the material terms, covenants and conditions contained in a related Mortgage Loan upon the part of the Borrower or a related Lease upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (vii) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 3 contracts

Samples: Master Indenture, Master Indenture (Spirit MTA REIT), Master Indenture (Spirit Realty Capital, Inc.)

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Mortgage Loans, Leases and Rents. With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or related Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of event of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall shall, consistent with the Property Management Agreement, enforce all of the material terms, covenants and conditions contained in a related the Mortgage Loan Loans upon the part of the Borrower or a related Lease and the Leases upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related the Mortgage Loan or the Monthly monthly Loan Payments or the lessor’s interest in a related the Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (viivi) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than not in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager terms or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with permitted under the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 2 contracts

Samples: Master Indenture (STORE CAPITAL Corp), Master Indenture (STORE CAPITAL Corp)

Mortgage Loans, Leases and Rents. (a) With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall enforce all of the material terms, covenants and conditions contained in a related Mortgage Loan upon the part of the Borrower or a related Lease upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (vii) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than not in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager terms or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with permitted under the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 1 contract

Samples: Master Indenture (Spirit Finance Corp)

Mortgage Loans, Leases and Rents. With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall enforce all of the material terms, covenants and conditions contained in a related Mortgage Loan upon the part of the Borrower or a related Lease upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (vii) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than in accordance with its terms, provided, that each the Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 1 contract

Samples: Master Indenture (Spirit Realty Capital, Inc.)

Mortgage Loans, Leases and Rents. With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall enforce all of the material terms, covenants and conditions contained in a related Mortgage Loan upon the part of the Borrower or a related Lease upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (vii) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than not in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager terms or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with permitted under the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 1 contract

Samples: Master Indenture (Spirit Finance Corp)

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Mortgage Loans, Leases and Rents. With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or related Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of event of default which such Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall shall, consistent with the Property Management Agreement, enforce all of the material terms, covenants and conditions contained in a related the Mortgage Loan Loans upon the part of the Borrower or a related Lease and the Leases upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, without limitation, collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related the Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related the Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (viivi) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related Lease other than not in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager terms or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with permitted under the Property Management Agreement. No Issuer shall agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 1 contract

Samples: Master Indenture (STORE CAPITAL Corp)

Mortgage Loans, Leases and Rents. (a) With respect to each Mortgaged Property, the related Issuer (i) shall observe and perform (or cause to be performed) all the obligations imposed upon the Borrower under the related Mortgage Loan or the lessor under the related Lease and shall not do or permit to be done anything to impair materially the value of any Mortgage Loan, Mortgaged Property or Lease as security, (ii) shall promptly send copies to the Indenture Trustee of all notices of default which such the Issuer shall send or receive under the Mortgage Loans and Leases, (iii) shall notify the Indenture Trustee in writing of any material change in the status of any tenancy at such the Mortgaged Property, including, without limitation, the vacating, surrender or going dark of any Tenant, even if such action is expressly permitted by the terms of such Tenant’s Lease, (iv) shall enforce all of the material terms, covenants and conditions contained in a related the Mortgage Loan upon the part of the Borrower or a related the Lease upon the part of the Tenant, as applicable, thereunder to be observed or performed (including, including without limitation, limitation collecting financial information from each Borrower or Tenant, as applicable), (v) shall not collect any Monthly Loan Payment or Monthly Lease Payment more than one month in advance (except that security deposits shall not be deemed Monthly Loan Payments or Monthly Lease Payments collected in advance), (vi) shall not execute any assignment of the Borrower’s interest in a related the Mortgage Loan or the Monthly Loan Payments or the lessor’s interest in a related the Lease or the Monthly Lease Payments except as permitted under the Property Management Agreement, and (vii) unless otherwise permitted under the Property Management Agreement, shall not consent to any assignment of or subletting under a related the Lease other than not in accordance with its terms, provided, that each Issuer shall be deemed to have satisfied its obligations in clauses (i) and (iv) above to the extent that it causes the Property Manager terms or Special Servicer, as applicable, to service and administer the Mortgage Loans and Mortgaged Properties and related Leases in accordance with permitted under the Property Management Agreement. No The Issuer shall not agree to any material modification of a related Mortgage Loan or Lease except in accordance with the terms of the Property Management Agreement.

Appears in 1 contract

Samples: Master Indenture (Spirit Finance Corp)

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