Mortgagee Notice. Until the Town Bodies have received, from a Mortgagee of which it has been made aware pursuant to Section 2 of this Exhibit, written notice that such Mortgagee’s Mortgage has been satisfied or otherwise released, the applicable Town Body shall deliver a Mortgagee Notice to such Mortgagee contemporarily with each notice or demand delivered to Company. No notice or demand delivered by a Town Body shall be effective unless and until a Mortgagee Notice is delivered in accordance with the terms and conditions of this Section.
Mortgagee Notice. Until YRC has received, from a Mortgagee of which it has been made aware pursuant to Section 2 of this Exhibit, written notice that such Mortgagee’s Mortgage has been satisfied or otherwise released, YRC shall deliver a Mortgagee Notice to such Mortgagee contemporarily with each notice or demand delivered to Developer. No notice or demand delivered by YRC shall be effective unless and until a Mortgagee Notice is delivered in accordance with the terms and conditions of this Section.
Mortgagee Notice. If at any time Authority gives notice of default under this Article to the Lessee and the Lessee's interest in the leased premises shall be subject to the lien of any mortgage as set out in paragraph XVIII C, and if Authority has been furnished with the names and addresses of said mortgagees, Authority shall at the same time as Authority gives notice of default to Lessee, give like written notice to said mortgagees. All such mortgagees shall have sixty (60) days within which to remedy such defaults; provided, however, such mortgagees shall have such longer period to correct any such defaults as are required to complete any mortgage foreclosure proceedings or other remedial action which such mortgagee elects to pursue to obtain possession of the demised premises so long as during such longer period the mortgagee causes all Basic Rent, Percentage Rent and Additional Rent and other amounts to be paid by Lessee hereunder, including past due payments, to be paid to Authority as herein provided, and otherwise performs the covenants of Lessee hereunder to the extent the same can be peformed without having possession of the demised premises. In order to assist the mortgagee of the leased premises in curing any such defaults, Authority hereby confers upon the mortgagee or any agents, receiver or trustee appointed by such mortgagee, the right in the event of a default under the terms of this Lease or any such mortgage to forthwith enter into and upon the leased premises and take possession thereof provided that such right is granted n any such mortgage, and further provided that said mortgagee causes all Basic Rent, Percentage Rent and Additional Rent and other amounts to be paid by Lessee hereunder, including past due payments to be paid to Authority as herein provided, and otherwise performs the covenants of Lessee hereunder as aforesaid.
Mortgagee Notice. 77 ARTICLE 16 AMENDMENT........................................................78 16.1 Method and Effect of Amendment...................................78 16.2 No Third Party Beneficiary......................................79
Mortgagee Notice. Any Mortgagee under a Mortgage affecting the Tract of a Party shall be entitled to receive notice of any Default by the Party as to such Tract, provided that such Mortgagee shall have delivered a copy of a notice substantially in the form hereinafter contained to each Party. The form of such notice shall be as follows: The undersigned, whose address is __________________________________ _____________________________________ does hereby certify that it is the "Mortgagee" (as such term is defined in the REA) of the Tract of land described on Exhibit "A" attached hereto and made a part hereof and being the Tract of Party ("Party") in Xxxxx County, Nevada. In the event that any notice shall be given of the Default of the Party as to whose Tract the Mortgage held by the undersigned applies, a copy thereof shall be delivered to the undersigned who shall have all rights of a Mortgagee to Cure such Default as specified in the REA. Failure to deliver a copy of such notice to the undersigned shall in no way affect the validity of the notice of Default as it respects such Party, but shall make the same invalid as it respects the Mortgagee of the undersigned, and such Mortgagee's Cure rights shall remain undisturbed. Any such notice to a Mortgagee shall be given in the same manner as provided in Article 14. In the event that any notice shall be given of the Default of a Party and such defaulting Party has failed to Cure or commence to Cure such Default as provided in this REA, then and in that event any such Mortgagee under a Mortgage affecting the Tract of the Defaulting Party shall be entitled to receive an additional notice, given in the manner provided in Article 14, that the Defaulting Party has failed to Cure or commence to Cure such Default. Each Mortgagee shall have thirty (30) days after receipt of said additional notice to Cure or, if such Default cannot be Cured within thirty (30) days, to commence to Cure any such Default and to prosecute said Cure continuously and diligently until completed (it being understood that such period beyond said thirty (30) days shall apply to events including, but not limited to, non-monetary Defaults temporarily incapable of a Cure by a Mortgagee due to (a) an automatic stay or (b) the requirement of possession); provided however, that any Default personal to a Party shall not prejudice the rights of any Mortgagee; provided further, however, no dispute of any nature between Mortgagees shall serve to toll or extend said Cure p...
Mortgagee Notice. Each Party serving a notice of default under this Agreement shall send by certified or registered United States mail, postage prepaid, a copy of such notice to any holder of a first mortgage (whether fee or leasehold) on the Tract of the Party so served provided such holder shall have sent the Party serving the notice of default a notice informing it of the existence of such mortgage and the address to which copies of such notices of default are to be sent, and such mortgagee shall be permitted to cure any such default not later than thirty (30) days after a copy of the notice of default shall have been sent to such defaulting Party and its mortgagee, provided that in the case of a default which cannot with diligence be remedied within such period of thirty (30) days, and if such mortgagee, within such thirty (30) day period shall have commenced curing such default, such mortgagee shall have such additional time as may be reasonably necessary in order to remedy such default with diligence and continuity.
Mortgagee Notice. In the event of any act or omission by Landlord under this Lease which would cause Landlord to be in default or give Tenant the right to terminate this Lease or to claim a partial or total eviction, Tenant will not exercise any such right until Tenant has given thirty (30) days written notice (by United States certified mail, postage prepaid) of such act or omission to Landlord, to the holder of any mortgage or deed of trust on the Premises, and to the assignee of any collateral assignment of this Lease (whose names and addresses Landlord agrees will be furnished to Tenant on request), and the holder of any Mortgage following the giving of such notice, shall have failed with reasonable diligence to commence cure within thirty (30) days of delivery of such notice and thereafter to pursue reasonable action to remedy the act or omission.
Mortgagee Notice. Notice of appointment of the arbitrators shall be given in all instances to any mortgagee who prior thereto shall have given Tenant a written notice specifying its name and address. If a dispute shall be submitted to arbitration as hereinabove provided, such mortgagee shall have the right to participate in such arbitration proceedings; provided, however, that such participation shall be in association with Landlord and shall not be deemed to entitle such mortgagee to appoint an additional arbitrator nor to enlarge Landlord's rights in such arbitration proceeding, it being the intention of the parties that such mortgagee shall have the right to be present and participate in the arbitration proceeding solely on behalf of Landlord.
Mortgagee Notice. Tenant shall send to the parties mentioned in Section 22.20(b) below copies of any notices served by Tenant to Landlord pursuant to this Article 15.
Mortgagee Notice. Tenant shall provide notice to every applicable Permitted Leasehold Mortgagee as to its election to acquire the Premises pursuant to Sections 11.1 or 11.2, above. Such notice shall be delivered within five (5) days following Xxxxxx’s notice to Landlord evidencing its intent to purchase the Premises
