New Lease Priorities. If more than one Permitted Leasehold Mortgagee shall request a New Lease pursuant to subsection (f)(i) of this Section 17.1, Landlord shall enter into such New Lease with the Permitted Leasehold Mortgagee whose mortgage is senior in lien, or with its Permitted Leasehold Mortgagee Designee acting for the benefit of such Permitted Leasehold Mortgagee prior in lien foreclosing on Tenant’s interest in this Master Lease. Landlord, without liability to Tenant or any Permitted Leasehold Mortgagee with an adverse claim, may rely upon a title insurance policy issued by a reputable title insurance company as the basis for determining the appropriate Permitted Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Permitted Leasehold Mortgagee shall request a New Lease pursuant to subsection (f)(i) of this Section 17.1, Landlord shall enter into such New Lease with the Permitted Leasehold Mortgagee whose mortgage is senior in lien, or with its Permitted Leasehold Mortgagee Designee acting for the benefit of such Permitted Leasehold Mortgagee prior in lien foreclosing on Tenant’s interest in this Lease. Landlord, without liability to Tenant or any Permitted Leasehold Mortgagee with an adverse claim, may rely upon (i) with respect to any Permitted Leasehold Mortgage evidenced by a recorded security instrument, a title insurance policy (or, if elected by Landlord in its sole discretion, a title insurance commitment, certificate of title or other similar instrument) issued by a reputable title insurance company as the basis for determining the appropriate Permitted Leasehold Mortgagee who is entitled to such New Lease or (ii) with respect to any Permitted Leasehold Mortgage not evidenced by a recorded security instrument, the statement with respect to relative priority of Permitted Leasehold Mortgages contained in the applicable notice delivered pursuant to Section 17.1(b)(i), provided that any such statement that provides that any such Permitted Leasehold Mortgage described in this clause (ii) is senior or prior to any Permitted Leasehold Mortgage evidenced by a recorded security instrument shall only be effective to the extent it is consented to in writing by the Permitted Leasehold Mortgagee in respect of such Permitted Leasehold Mortgage evidenced by a recorded security instrument.
New Lease Priorities. It is the intention of the parties that such New Lease shall continue to maintain the same priority as this Master Lease with regard to any Facility Mortgage or any other lien, charge or encumbrance created by the acts of Landlord on the Leased Property or any part thereof or this Master Lease (but Landlord shall not be deemed to make any representation or warranty to that effect). If more than one Permitted Leasehold Mortgagee shall request a New Lease pursuant to subsection (f)(i) of this Section 17.1, Landlord shall enter into such New Lease with the Permitted Leasehold Mortgagee whose mortgage is senior in lien, or with its Permitted Leasehold Mortgagee Designee acting for the benefit of such Permitted Leasehold Mortgagee prior in lien foreclosing on Tenant’s interest in this Master Lease. Landlord, without liability to Tenant or any Permitted Leasehold Mortgagee with an adverse claim, may rely upon a title insurance policy issued by a reputable title insurance company as the basis for determining the appropriate Permitted Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Mortgagee -------------------- shall request a New Lease pursuant to subsection 4.8.1, Landlord shall enter into such New Lease with the Leasehold Mortgagee whose mortgage is prior in lien or with the designee of such Leasehold Mortgagee. Landlord, without liability to Developer or any Leasehold Mortgagee with an adverse claim, may rely upon a mortgagee title insurance policy issued by a responsible title insurance company doing business within the State of California as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If both the Senior Recognized Leasehold Mortgagee and the Senior Mezzanine Lender shall request a New Lease pursuant to Section 7.8 above, Landlord shall enter into such New Lease with the Senior Recognized Leasehold Mortgagee, or with the designee of such Leasehold Mortgagee. Landlord, without liability to Tenant or any Recognized Lender with an adverse claim, may rely upon a mortgagee’s title insurance policy or preliminary commitment therefore, issued by a responsible title insurance company doing business within the State of California, as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Lender shall request a New Lease pursuant to subsection (g)(i) of this Section 4.5, Ameristar shall enter into such New Lease with the Leasehold Lender whose mortgage is prior in lien, or with the designee of such Leasehold Lender. Ameristar, without liability to Xxxxxxx or any Leasehold Lender with an adverse claim, may rely upon a mortgagee title insurance commitment issued by a responsible title insurance company or licensed attorney or governmental agency performing such services or doing business within the state in which the Leased Land located as the basis for determining the appropriate Leasehold Lender who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Mortgagee shall request a New Lease pursuant to this Section 11.6, Landlord shall enter into such New Lease with the Leasehold Mortgagee whose mortgage is prior in lien, or with the designee of such Leasehold Mortgagee. Landlord, without liability to Tenant or any Leasehold Mortgagee with an adverse claim, may rely upon a title insurance policy issued by a responsible title insurance company doing business in the county in which the Leased Property is located naming Landlord and the Tenant under such New Lease as insureds (and paid for by such Tenant), as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Mortgagee shall request a New Lease pursuant to Section 34.8, Lessor shall enter into such New Lease with the Leasehold Mortgagee whose mortgage is prior in lien, or with the designee of such Leasehold Mortgagee unless such Leasehold Mortgagee directs Lessor in writing to enter into such New Lease with a Leasehold Mortgagee of lower priority. Lessor, without liability to Lessee or any Leasehold Mortgagee with an adverse claim, may rely upon a title report issued by a responsible title insurance company doing business in the state of Connecticut as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Mortgagee shall request a New Lease pursuant to subsection (h)(i) of this Section 19, Lessor shall enter into such New Lease with the Leasehold Mortgagee whose Leasehold Mortgage is prior in lien, or with the designee of such Leasehold Mortgagee. Lessor, without liability to Lessee or any Leasehold Mortgagee with an adverse claim, may rely upon a mortgagee title insurance policy issued by a responsible title insurance company doing business within the state in which the Leased Premises are located as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
New Lease Priorities. If more than one Leasehold Mortgagee shall request a New Lease pursuant to Section 1.8 above, Landlord shall enter into such New Lease with the Leasehold Mortgagee whose mortgage is prior in lien, or with the designee of such Leasehold Mortgagee. Landlord, without liability to Tenant or any Leasehold Mortgagee with an adverse claim, may rely upon a mortgagee’s title insurance policy or preliminary commitment therefore, issued by a responsible title insurance company doing business within the State of Florida, as the basis for determining the appropriate Leasehold Mortgagee who is entitled to such New Lease.
