Common use of New Lease Clause in Contracts

New Lease. In the event of the termination of this Lease as a result of Tenant’s default, rejection of the Lease by Xxxxxx, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, then known to Landlord. Landlord agrees to enter into a new Lease (the “New Lease”) of the Premises with such Leasehold Mortgagee or its designee (which obligations shall survive the termination of this Lease) for the remainder of the term of this Lease, effective as of the date of termination, at the Rent and upon the terms, covenants and conditions (excluding requirements which are not applicable or which have already been fulfilled) of this Lease, provided: (1) Such Leasehold Mortgagee shall make written request upon Landlord for such New Lease within thirty (30) days after the date such Leasehold Mortgagee receives Landlord’s notice of termination of this Lease given pursuant to this Section 4.1 or such extended period of time as mutually agreed upon by Landlord and such Leasehold Mortgagee.

New Lease. In the event case of the termination of this Lease as a result of Tenant’s default, rejection by reason --------- of the happening of any Event of Default under the Lease by Xxxxxx, or by summary dispossess proceedings (such as unlawful detainer actions) or under any similar provision of law now or at any time hereafter in force by reason of or based upon or arising out of a trustee default under this Lease or receiver appointed by a court because of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoeverreason, Landlord shall, in addition and if the mortgagee shall have paid or arranged to providing the notices reasonable satisfaction of default the Owner for the payment of all rent and termination as required other charges due and payable by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with written notice that the Tenant under this Lease has been terminatedas of the date of such termination, together with a statement of all sums the rent and other charges which would at that time be due under this Lease but for such termination would have become so due and payable from the date of such termination through the 90th day after the effective date of such termination, and shall have arranged to the reasonable satisfaction of the Owner for the curing of any default susceptible of being cured by the Tenant under the new lease referred to below, the Owner, upon the written request of the mortgagee, given any time prior to such 90th day and upon payment of all other defaultsexpenses, including attorneys' fees, incident thereto, will execute and deliver a new lease of the premises demised under this Lease to the mortgagee, or if anythe mortgagee shall have specified a nominee in writing to the Owner, then known to Landlord. Landlord agrees such nominee, for a term corresponding to enter into a new Lease (the “New Lease”) of the Premises with such Leasehold Mortgagee or its designee (which obligations shall survive the termination of this Lease) for the remainder of the term of this Lease before giving effect to such termination, containing the same covenants, agreements, terms, provisions and limitations as contained in this Lease. Upon the execution and delivery of such new lease, effective as the Owner, at the request and expense of the new tenant, will take all appropriate steps to remove the Tenant from such demised premises. The mortgagee may at any time during the 90 day period after the date of termination, at such termination notify the Rent and upon the terms, covenants and conditions (excluding requirements which are Owner that it will not applicable or which have already been fulfilled) of this Lease, provided: (1) Such Leasehold Mortgagee shall make written request upon Landlord for such New Lease within thirty (30) days after the date such Leasehold Mortgagee receives Landlord’s notice of termination of this Lease given pursuant to this Section 4.1 or such extended period of time as mutually agreed upon by Landlord and such Leasehold Mortgageenew lease.

New Lease. In the event of the termination of this Lease as a result of Tenant’s default, rejection is terminated for any reason prior to the end of the Lease by XxxxxxTerm, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with Lessor shall promptly give Lender written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, termination and of all other defaults, if any, then known to Landlord. Landlord agrees to shall enter into a new Lease lease (the “"New Lease”") with Lender or Lender's nominee covering the Site, provided that Lender (1) requests such New Lease by written notice to Lessor within ninety (90) days after Lender’s receipt of written notice by Lessor of termination of the Premises with such Leasehold Mortgagee or its designee Lease, and (which obligations 2) cures all prior defaults of Lessee that are reasonably capable of being cured by Lender. The New Lease shall survive the termination of this Lease) be for the remainder of the term of this LeaseLease Term, effective as of at the date of such termination, at and shall only include the Rent same rents, covenants, agreements, conditions, provisions, restrictions and upon limitations contained in the termsLease, covenants and conditions (excluding except for any requirements which are not applicable or which have already been fulfilled) of this fulfilled by Lessee prior to termination. In connection with a New Lease, provided: (1) Such Leasehold Mortgagee Lessor shall make assign to Lender or its nominee all of Lessor's interest in all existing subleases of all or any part of the Site and all attornments given by the sublessees. Lessor shall not terminate or agree to terminate any sublease or enter into any New Lease or sublease for all or any portion of the Site without Lender's prior written consent, unless Lender fails to deliver its request upon Landlord for a New Lease under this Section. In connection with any such New Lease within thirty (30) days after Lease, Lessor shall, by grant deed, convey to Lender or its nominee title to the date such Leasehold Mortgagee receives Landlord’s notice Improvements, if any, which become vested in Lessor as a result of termination of this Lease given pursuant to this Section 4.1 or such extended period of time as mutually agreed upon by Landlord and such Leasehold Mortgageethe Lease.

New Lease. In the event of the termination of this Lease as a result of Tenant’s default, rejection is terminated for any reason prior to the end of the Lease by XxxxxxTerm, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with Lessor shall promptly give Lender written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, termination and of all other defaults, if any, then known to Landlord. Landlord agrees to shall enter into a new Lease lease (the “"New Lease”") with Lender or Xxxxxx's nominee covering the Schwabacher Property, provided that Lender (a) requests such New Lease by written notice to Lessor within sixty (60) days after Xxxxxx's receipt of written notice by Xxxxxx of termination of the Premises with such Leasehold Mortgagee or its designee Lease, and (which obligations b) cures all prior defaults of Lessee that are reasonably capable of being cured by Xxxxxx. The New Lease shall survive the termination of this Lease) be for the remainder of the term of this LeaseLease Term, effective as of at the date of such termination, at but shall not include any of the Rent covenants, agreements, conditions, provisions, restrictions and upon limitations contained in Section 2.4 of the termsLease and Lessor shall have the right, covenants and conditions (excluding requirements which are but not applicable or which have already been fulfilled) of this the obligation, to increase the monthly rent to market rates. In connection with a New Lease, provided: (1) Such Leasehold Mortgagee Lessor shall make assign to Lender or its nominee all of Lessor's interest in all existing subleases of all or any part of the Schwabacher Property and all attornments given by the sublessees. Lessor shall not terminate or agree to terminate any sublease or enter into any New Lease or sublease for all or any portion of the Schwabacher Property without Xxxxxx's prior written consent, unless Xxxxxx fails to deliver its request upon Landlord for a New Lease under this Section. In connection with any such New Lease within thirty (30) days after Lease, Lessor shall, by grant deed, convey to Lender or its nominee title to the date such Leasehold Mortgagee receives Landlord’s notice Improvements, if any, which become vested in Lessor as a result of termination of this Lease given pursuant to this Section 4.1 or such extended period of time as mutually agreed upon by Landlord and such Leasehold Mortgageethe Lease.

New Lease. In Notwithstanding anything to the contrary contained in this Lease or otherwise, in the event of the termination of this Lease as a result of Tenant’s default, rejection of the Lease by Xxxxxx, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoeverprior to the stated expiration date, except a voluntary termination by Tenant pursuant to a right herein granted, Landlord shallshall promptly notify all Leasehold Mortgagees of such termination. If the Leasehold Mortgagee having the highest priority with respect to this Lease or its designee, in addition cures all Events of Default giving rise to providing the notices of default and such termination as required by section (B) and (F) of this Section 4.1provided below, provide each Leasehold Mortgagee with written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, then known to Landlord. Landlord agrees to shall enter into a new Lease (the “New Lease”) lease of the Premises Mortgaged Property with such Leasehold Mortgagee or its designee (which obligations shall survive the termination of this Lease) for the remainder of the term of this LeaseTerm, such new lease to be effective as of the date of termination, at the Rent and upon the terms, covenants and conditions (excluding requirements which are not applicable or which have already been fulfilled) termination of this Lease, providedat the rental rate then payable hereunder, and upon all of the same terms, conditions, covenants, agreements, provisions and limitations contained herein, subject to the following: (1a) Such the Leasehold Mortgagee entitled to the new lease shall make written request upon to Landlord for such New Lease a new lease within thirty sixty (3060) days after of receipt by the Leasehold Mortgagee of written notice from Landlord of the date such Leasehold Mortgagee receives Landlord’s notice of termination of this Lease given pursuant Lease; and (b) at the time of the execution and delivery of the new lease, the Leasehold Mortgagee or its designee shall pay to this Landlord all amounts specified in the notice of termination delivered by Landlord, which would have been due hereunder except for such termination and which are currently due except for such termination, and shall promptly cure (subject to Section 4.1 or 8.5) all other Events of Default giving rise to such extended period of time as mutually agreed upon by Landlord and such Leasehold Mortgageetermination.

New Lease. In Lessor agrees that in the event of the termination of this Lease as a result Agreement by reason of Tenant’s default, rejection of the Lease any default by Xxxxxx, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such terminationLessee, and the continued payment of all other defaultsRent by the mortgagee, if any, then known to Landlord. Landlord agrees to that Lessor will enter into a new Lease (lease for the “New Lease”) of the Leased Premises with such Leasehold Mortgagee the leasehold mortgagee or its designee (which obligations shall survive nominee, subject to the termination consent of this Lease) Lessor to the nominee with such consent not to be unreasonably withheld, for the remainder of the term of this Lease, Term effective as of the date of such termination, at the Rent and other charges, and upon the terms, provisions, covenants and conditions (excluding requirements which are not applicable or which have already been fulfilled) agreement contained in this Agreement, subject only to the rights, if any, of this Leasethe parties then in possession of any part of the Leased Premises, provided: (: 1) Such Leasehold Mortgagee . The mortgagee or its nominee shall make written request upon Landlord Lessor for such New Lease the new lease and the written request shall be accompanied by any then due payment of Rent and other charges under this Agreement; and the mortgagee or nominee shall execute and deliver the new lease within thirty fifteen (3015) days after Lessor has delivered it. 2. The mortgagee or its nominee shall pay to Lessor, at the date such Leasehold Mortgagee receives Landlord’s notice time of termination execution and delivery of this Lease given the new lease, any and all sums which would then be due pursuant to this Section 4.1 Agreement but for such termination and, in addition thereto, any reasonable expenses, including reasonable attorney’s fees, which Lessor shall have incurred by reason of such default, including the costs of negotiation, approval and recording the new lease. 3. The mortgagee or such extended period its nominee shall perform and observe all covenants in this Agreement to be performed by Lessee and shall further remedy any other conditions which Lessee was obligated to perform under the terms of time this Agreement. 4. Lessor shall not warrant possession of the Leased Premises to Lessee or the leasehold mortgagee under the new lease. 5. The new lease shall be expressly made subject to the rights, if any, of Lessee under this Agreement. 6. The tenant under the new lease shall have the same right, title and interest in and to the Leased Premises as mutually agreed upon by Landlord and such Leasehold MortgageeLessee has under this Agreement.

New Lease. In the event of the a termination of this Ground Lease as a result of Tenant’s default, rejection for any --------- reason other than by expiration of the Lease by Xxxxxxterm, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord shallthe Financing Entity shall have the right, in addition to providing any other rights set forth herein, to elect to demand a new lease of the notices Property and Premises (a "New Lease"), exercisable by notice in writing to the Lessor within sixty (60) days after the giving of default and termination as required notice by section (B) and (F) Lessor to such Financing Entity of this Section 4.1, provide each Leasehold Mortgagee with written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, then known to Landlord. Landlord agrees to enter into a new Lease (the “New Lease”) of the Premises with such Leasehold Mortgagee or its designee (which obligations shall survive the termination of this Lease) for the remainder balance of the term of this Lease, hereof effective as of the date of such termination, at the Rent rent and upon all of the other terms, provisions, covenants and conditions (excluding requirements agreements set forth in this Ground Lease; provided that, concurrently with the delivery of such notice, the Financing Entity shall have performed and thereafter shall continue to perform all obligations of Lessee hereunder capable of being performed by such Financing Entity which are not applicable or which would have already been fulfilled) accrued hereunder had this Ground Lease remained in force until the time of this such delivery. The parties shall act promptly after such notice and performance to execute such New Lease, provided: (1) Such Leasehold Mortgagee shall make written request upon Landlord for . Any such New Lease within thirty (30) days after shall be superior and not subordinate to any mortgage upon Lessor's fee interest in the date Premises hereafter given; and any such Leasehold Mortgagee receives Landlord’s notice New Lease may, at the option of Financing Entity, name as lessee a nominee of the Financing Entity. If as a result of any such termination the Lessor shall succeed to the interests of this Lease given pursuant Lessee under any sublease of the Property, Premises or any portion thereof, Lessor shall execute and deliver an assignment of all such interests to this Section 4.1 or the Lessee under the New Lease, simultaneously with the delivery of such extended period of time as mutually agreed upon by Landlord and such Leasehold MortgageeNew Lease.

New Lease. In Xxxxxx agrees that in the event of the termination of this Lease as a result Agreement by reason of Tenant’s default, rejection of the Lease any default by Xxxxxx, or and the continued payment of Rent by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedingsthe mortgagee, or for any other reason whatsoever, Landlord shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.1, provide each Leasehold Mortgagee with written notice that this Lease has been terminated, together with a statement of all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, then known to Landlord. Landlord agrees to Lessor will enter into a new Lease (lease for the “New Lease”) of the Leased Premises with such Leasehold Mortgagee the leasehold mortgagee or its designee (which obligations shall survive nominee, subject to the termination consent of this Lease) Lessor to the nominee with such consent not to be unreasonably withheld, for the remainder of the term of this Lease, Term effective as of the date of such termination, at the Rent and other charges, and upon the terms, provisions, covenants and conditions (excluding requirements which are not applicable or which have already been fulfilled) agreement contained in this Agreement, subject only to the rights, if any, of this Leasethe parties then in possession of any part of the Leased Premises, provided: (: 1) Such Leasehold Mortgagee . The mortgagee or its nominee shall make written request upon Landlord Xxxxxx for such New Lease the new lease and the written request shall be accompanied by any then due payment of Rent and other charges under this Agreement; and the mortgagee or nominee shall execute and deliver the new lease within thirty fifteen (3015) days after Lessor has delivered it. 2. The mortgagee or its nominee shall pay to Lessor, at the date such Leasehold Mortgagee receives Landlord’s notice time of termination execution and delivery of this Lease given the new lease, any and all sums which would then be due pursuant to this Section 4.1 Agreement but for such termination and, in addition thereto, any reasonable expenses, including reasonable attorney’s fees, which Lessor shall have incurred by reason of such default, including the costs of negotiation, approval and recording the new lease. 3. The mortgagee or such extended period its nominee shall perform and observe all covenants in this Agreement to be performed by Xxxxxx and shall further remedy any other conditions which Lessee was obligated to perform under the terms of time this Agreement. 4. Lessor shall not warrant possession of the Leased Premises to Lessee or the leasehold mortgagee under the new lease. 5. The new lease shall be expressly made subject to the rights, if any, of Lessee under this Agreement. 6. The tenant under the new lease shall have the same right, title and interest in and to the Leased Premises as mutually agreed upon by Landlord and such Leasehold MortgageeLessee has under this Agreement.

New Lease. In the event of the termination of this Lease Agreement as a result of Tenantthe Club’s default, rejection of the Lease by Xxxxxx, or by a trustee or receiver appointed by a court of competent jurisdiction in bankruptcy or insolvency proceedings, or for any other reason whatsoever, Landlord PFD shall, in addition to providing the notices of default and termination as required by section (B) and (F) of this Section 4.117.4.3, provide each Leasehold Mortgagee with written notice that this Lease Agreement has been terminated, together with a statement of all sums which would at that the time be due under this Lease Agreement but for such termination, and of all other defaults, if any, then known to Landlordthe PFD. Landlord The PFD agrees to enter into a new Lease lease (the “New Lease”) of the Premises with such Leasehold Mortgagee or its designee (which obligations shall survive designee must be either a direct or indirect wholly- owned subsidiary of such Leasehold Mortgagee or an entity that satisfies the termination conditions set forth in Section 17.1 for an assignment of this LeaseAgreement to which the PFD must consent) for the remainder of the term Term of this LeaseAgreement, effective as of the date of termination, at the Rent Rent, and upon the terms, covenants covenants, and conditions (including all options to renew but excluding requirements which are not applicable or which have already been fulfilled) of this LeaseAgreement, provided: (1) : a. Such Leasehold Mortgagee shall make written request upon Landlord to the PFD for such New Lease within thirty sixty (3060) days after the date such Leasehold Mortgagee receives Landlordthe PFD’s notice of termination of this Lease Agreement given pursuant to this Section 4.1 17.4.6. b. Such Leasehold Mortgagee or its designee shall pay or cause to be paid to the PFD at the time of the execution and delivery of such extended New Lease, any and all sums which are at the time of execution and delivery thereof due pursuant to this Agreement regardless of such termination and which have not otherwise been received by the PFD from the Club or other party in interest under the Club, plus all reasonable attorneys’ fees and expenses that the PFD shall have actually incurred. Upon execution of such New Lease, the PFD shall allow to the tenant named therein as an offset against the sums otherwise due under this Section 17.4.7(b) or under the New Lease, an amount equal to the net income derived by the PFD from the Premises during the period from the date of time termination of this Agreement to the date of the beginning of the term of such New Lease. c. Such Leasehold Mortgagee or its designee shall agree to remedy any of the Club’s defaults of which said Leasehold Mortgagee was notified by the PFD’s notice of termination and which are reasonably susceptible of being so cured by Leasehold Mortgagee or its designee, within one hundred twenty (120) days after the PFD’s notice of termination, taking into consideration any inherent delays in any applicable prescribed approval process for accomplishing any required work, including, without limitation, Leasehold Mortgagee being vested in the Leasehold Estate and the issuance of any Permits and Approvals and the expiration of any applicable appeal periods; provided however, subject to Force Majeure events, in no event later than three hundred sixty (360) days after such issuance of the required Permits and Approvals or the Leasehold Mortgagee’s or its designee’s commencement of such cure, whichever is later. d. The tenant under such New Lease shall have the same right, title and interest in and to the Premises and the Ballpark and other buildings and improvements thereon as mutually agreed upon Club had under this Agreement, and the PFD shall provide such tenant a subordination and non-disturbance agreement consistent with Section 17.5.2. e. The tenant under any such New Lease shall be liable to perform the obligations imposed on the tenant by Landlord and such New Lease only during the period such person has ownership of such Leasehold MortgageeEstate, consistent with Section 17.1. f. The tenant under such New Lease shall enter into a team non- relocation agreement substantially in the form of the Team Non-Relocation Agreement.