Mortgaging of the Leasehold. Tenant, and every permitted successor and assign of Tenant, shall have the right to encumber its interest in this Lease without Landlord’s prior consent, provided that: (a) no Event of Default has occurred and remains uncured under this Lease; and (b) all rights acquired under the Leasehold Mortgage shall be subject to each of the provisions set forth in this Lease and to all rights and interests of the Landlord therein. If, from time to time, Tenant or Tenant’s permitted successors or assigns shall encumber this Lease with a Leasehold Mortgage, and if the Leasehold Mortgagee delivers to Landlord an executed counterpart of such Leasehold Mortgage, together with each assignment thereof certified by the holder of the Leasehold Mortgage to be true, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording data with respect to the Leasehold Mortgage, Xxxxxxxx agrees that, anything in this Lease to the contrary notwithstanding, from and after the date of receipt by Landlord of such notice and for the duration of such Leasehold Mortgage, the provisions of this Article XIII shall apply.
Mortgaging of the Leasehold. Notwithstanding any provision of this Lease to the contrary, Tenant shall have the right, at any time and from time to time during the Term, and in each case without the consent of Landlord, to mortgage all or any portion of Tenant’s leasehold estate created by this Lease (whether or not such mortgage shall also cover other properties), and give as collateral to Leasehold Mortgagee(s) an assignment of and security interest in (i) the Facility and any other Improvements constructed on the Premises by Xxxxxx and Xxxxxx’s interest (as ground tenant) in and to the Premises, (ii) the rents, income, receipts, revenues, issues and profits due to Tenant from the Premises, (iii) any subleases entered into by Tenant, and (iv) Tenant’s entire interest in this Lease and the leasehold estate created hereby; provided, however, that, in order for such mortgage to be a Leasehold Mortgage entitled to the benefits hereof: (x) no such mortgage shall be a lien on all or any portion of Landlord’s fee simple interest in the Premises (“Landlord’s Estate”), and (y) a copy of such mortgage shall be delivered to Landlord (together with written notice specifying the name and address of the Leasehold Mortgagee). Notwithstanding the foregoing, Tenant shall not have the right in any circumstance to encumber or subordinate Landlord’s Estate, Xxxxxxxx’s interest in this Lease or the rent and other amounts due Landlord under this Lease. Nothing contained in this ARTICLE XIII shall be deemed to grant any lien or other encumbrance encumbering Landlord’s Estate. Tenant shall promptly deliver to Landlord all notices of default under any Leasehold Mortgage that are delivered to Tenant by the Leasehold Mortgagee. In negotiating any Leasehold Mortgage, Tenant shall use commercially reasonable efforts to cause such mortgage to include provisions (A) affording Landlord the right (but not the obligation) to cure any Tenant defaults and recover all costs and expenses associated with curing such default from Tenant, and (B) requiring Leasehold Mortgagee to send all notices of default to Tenant thereunder concurrently to Landlord; provided, however, Tenant shall not be in breach of this sentence if Leasehold Mortgagee does not agree to include such provisions in the Leasehold Mortgage.
Mortgaging of the Leasehold
