Mortgaging of the Leasehold Sample Clauses

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.
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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.
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Mortgaging of the Leasehold. (a) The Lessee, and every permitted successor and assign of the Lessee, shall have the right in addition to any other rights granted in this Ground Lease to secure one or more financings or re-financings and may enter into a Primary Leasehold Mortgage in favor of a Primary Leasehold Mortgagee, and may otherwise encumber its interest in this Ground Lease, with the Lessor's consent, under any one or more leasehold deeds of trust or other security instrument pledging all or part of the Leasehold Estate to or for the benefit of a Permitted Leasehold Mortgagee, upon the condition that all rights acquired under any such financing or re-financing shall be subject to each of the provisions set forth in this Ground Lease and to all rights and interests of the Lessor herein (a "Permitted Leasehold Mortgage"), and provided, further that:
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Mortgaging of the Leasehold 
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Related to Mortgaging of the Leasehold

  • Ground Lease Reserved.

  • Real Property (a) The Company does not own any real property.

  • Lease The Lease Agreement (Federal Express Corporation Trust No. N680FE) dated as of June 15, 1998, as amended and restated as of November 1, 1998, entered into by the Lessor and the Lessee concurrently with the execution and delivery of the Indenture, including, without limitation, supplementation by one or more Lease Supplements entered into pursuant to the applicable provisions of the Lease.

  • Leases The Property is not subject to any leases other than the Leases described in the rent roll attached hereto as Schedule V and made a part hereof. Borrower is the owner and lessor of landlord’s interest in the Leases. No Person has any possessory interest in the Property or right to occupy the same except under and pursuant to the provisions of the Leases. The current Leases are in full force and effect and, to the best of Borrower’s knowledge, (a) there are no defaults thereunder by either party and (b) there are no conditions that, with the passage of time or the giving of notice, or both, would constitute defaults thereunder. No Rent (including security deposits) has been paid more than one (1) month in advance of its due date. To the best of Borrower’s knowledge, all work to be completed by Borrower prior to the date hereof under each Lease has been performed as required and has been accepted by the applicable tenant, and any payments, free rent, partial rent, rebate of rent or other payments, credits, allowances or abatements required to be given by Borrower to any tenant has already been received by such tenant. There has been no prior sale, transfer or assignment, hypothecation or pledge of any Lease or of the Rents received therein. To the best of Borrower’s knowledge, no tenant listed on Schedule I has assigned its Lease or sublet all or any portion of the premises demised thereby, no such tenant holds its leased premises under assignment or sublease, nor does anyone except such tenant and its employees occupy such leased premises. No Tenant under any Lease has a right or option pursuant to such Lease or otherwise to purchase all or any part of the leased premises or the building of which the leased premises are a part. No Tenant has no right or option for additional space in the Improvements. Except as otherwise disclosed by the Environmental Report (as defined in the Mortgage), no hazardous wastes or toxic substances, as defined by applicable federal, state or local statutes, rules and regulations, have been disposed, stored or treated by any tenant under any Lease on or about the Property nor does Borrower have any knowledge of any Tenant’s intention to use its premises for any activity which, directly or indirectly, involves the use, generation, treatment, storage, disposal or transportation of any petroleum product or any toxic or hazardous chemical, material, substance or waste. True, correct and complete copies of the Leases have been provided to Lender and such Leases have not been modified or amended in any way.

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