Common use of New Financing Clause in Contracts

New Financing. If any future mortgagee requires, as a good faith condition of any financing, that modifications to this Lease be obtained, and provided that such modifications (i) are reasonable, (ii) do not adversely affect Tenant's use and enjoyment of the Premises and the Common Areas or change the character of the Building from a Class A low-rise office building, (iii) do not materially alter the Approved Plan for the Premises, and (iv) do not increase the Rent and other sums required to be paid by Tenant, then Landlord may submit to Tenant a written amendment to this Lease incorporating mortgagee’s required modifications, and, if Tenant does not execute and return to Landlord such written amendment within fifteen (15) Business Days after the same has been submitted to Tenant, then Landlord shall thereafter have the right, at its sole option, to cancel this Lease. Such option shall be exercisable by Landlord giving Tenant written notice of cancellation, immediately whereupon this Lease shall be cancelled and terminate, and any money held by Landlord on Tenant’s behalf shall be returned to Tenant, and both Landlord and Tenant shall thereupon be relieved from any and all further liability or obligation under this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (JOINT Corp), Office Lease Agreement (JOINT Corp)

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New Financing. If any future mortgagee In the event that the trust or mortgage lender providing the first mortgage interim construction financing for the Building and/or the first mortgage permanent financing for the Building requires, as a good faith condition of any such financing, that modifications to this Lease be obtained, and provided that such modifications (i) are reasonable, (ii) do not adversely affect Tenant's use and enjoyment of the Demised Premises and the Common Areas or change the character of the Building from a Class A low-rise office buildingas herein permitted, (iii) do not materially alter the Approved approved Space Plan for the Demised Premises, and (iv) do not increase the Rent rent and other sums required to be paid by Tenant hereunder, and (v) do not otherwise increase Tenant's rights and obligations hereunder, then Landlord may submit to Tenant a written amendment to this Lease incorporating mortgagee’s such required modifications, and, if in the event Tenant does not execute and return to Landlord such written amendment within fifteen ten (1510) Business Days business days after the same has been submitted to Tenant, then Landlord shall thereafter have the right, at its sole option, to cancel this Lease. Such option shall be exercisable by Landlord giving Tenant written notice of cancellation, immediately whereupon this Lease shall be cancelled canceled and terminateterminated, and any money held or security therefor deposited by Tenant with Landlord on Tenant’s behalf shall be returned to Tenant, subject to the provisions of Section 5 of this Lease, and both Landlord and Tenant shall thereupon be relieved from any and all further liability or obligation under this Leasehereunder.

Appears in 1 contract

Samples: Office Building Lease (Pc Tel Inc)

New Financing. If any future mortgagee requires, as a good faith condition of any financing, that modifications to this Lease be obtained, and provided that such modifications (i) are reasonable, (ii) do not adversely affect Tenant's ’s use and enjoyment of the Premises and the Common Areas or change the character of the Building from a Class A low-rise office building, (iii) do not materially alter the Approved Plan for the Premises, and (iv) do not increase the Rent and other sums required to be paid by Tenant, then Landlord may submit to Tenant a written amendment to this Lease incorporating mortgagee’s required modifications, and, if Tenant does not execute and return to Landlord such written amendment within fifteen ten (1510) Business Days after the same has been submitted to Tenant, then Landlord shall thereafter have the right, at its sole option, to cancel this Lease. Such option shall be exercisable by Landlord giving Tenant written notice of cancellation, immediately whereupon this Lease shall be cancelled and terminate, and any money held by Landlord on Tenant’s behalf shall be returned to Tenant, and both Landlord and Tenant shall thereupon be relieved from any and all further liability or obligation under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Ryland Group Inc)

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New Financing. If any future mortgagee requires, as a good faith condition of any financing, that modifications to this Lease be obtained, and provided that such modifications modifications: (i) are reasonable, ; (ii) do not adversely affect Tenant's ’s use and enjoyment of the Premises and the Common Areas or change the character of the Building from a Class A low-rise office building, ; (iii) do not materially alter the Approved Plan for the Premises, ; and (iv) do not increase the Rent and other sums required to be paid by Tenant, then Landlord may submit to Tenant a written amendment to this Lease incorporating mortgagee’s required modifications, and, if Tenant does not execute and return to Landlord such written amendment within fifteen ten (1510) Business Days after the same has been submitted to Tenant, then Landlord shall thereafter have the right, at its sole option, to cancel this Lease. Such option shall be exercisable by Landlord giving Tenant written notice of cancellation, immediately whereupon this Lease shall be cancelled and terminate, and any money held by Landlord on Tenant’s behalf shall be returned to Tenant, and both Landlord and Tenant shall thereupon be relieved from any and all further liability or obligation under this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (NanoFlex Power Corp)

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