New Leases. Continue its present rental program and efforts at such Seller’s Property to rent vacant space in accordance with past practices; provided that, without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s sole discretion, such Seller shall not (i) execute any new lease, license or other occupancy agreement, (ii) amend, supplement, terminate, accept the surrender of, renew or otherwise modify any existing Lease, (iii) approve any assignment or sublease of any existing Lease, or (iv) waive any right or obligation thereunder; provided, however, that, in the case of any amendment, supplement, termination, surrender, renewal or modification of any existing Lease as set forth in clause (ii) above, if such existing Lease expressly and specifically sets forth the terms of any such amendment, supplement, termination, surrender, renewal or modification and requires the landlord under the Lease to acknowledge or counter-sign the same, in which case, the Buyer’s consent shall not be required, but Seller shall provide the Buyer with written notice of (and to the extent such amendment, supplement or modification modifies the rental terms of such Lease which rental amount is not specifically stated in such Lease, the Buyer shall have an opportunity to review and comment upon) such amendment, supplement, termination, surrender, renewal or modification at least five (5) Business Days prior to the date of execution. If such Seller enters into any new lease, license or other occupancy agreement, or renews any existing Lease (each such new lease, license, occupancy agreement and renewal, a “New Lease”) after the date hereof in accordance with the terms of this Section 3.2(d), then each such lease, license, occupancy agreement and renewal shall be included in the definition of “Leases” herein and added to Schedule 3.2(c) attached hereto, shall be assigned to and assumed by the Buyer at the Closing in accordance with this Agreement. If the Buyer does not reject or approve a new lease, license, occupancy agreement, renewal or a Lease amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new lease, license, occupancy agreement, renewal or Lease amendment; provided that such notice includes specific reference to this Section 3.3(d) and the deemed approval provision hereof.
New Leases. On or before ten (10) business days prior to the expiration of the Inspection Period, Seller may execute any new lease or modify or renew any existing lease affecting the Property without Purchaser's consent. Seller shall deliver a copy of any such new lease or existing lease modification or renewal (together with an estimation of the "New Lease Costs" (as hereinafter defined)), as applicable, to Purchaser within ten (10) business days of execution by Seller and the new tenant or existing tenant, as applicable, but in any event on or before ten (10) business days prior to the expiration of the Inspection Period. In the event Purchaser disapproves of such new lease or existing lease modification or renewal, Purchaser's sole remedy shall be to terminate this Agreement in accordance with Paragraph 7 hereof. In the event that Purchaser does not terminate this Agreement as aforesaid, Purchaser shall be responsible for the costs of all tenant improvements and leasing commissions associated with the negotiation and execution of any such new lease or existing lease modification or renewal ("New Lease Costs") and Purchaser shall assume all such obligations at the Closing. Seller shall receive a credit at Closing for any New Lease Cost incurred by Seller prior to Closing. After the date ten (10) business days prior to the expiration of the Inspection Period, Seller shall not execute any new lease or existing lease modification or renewal affecting the Property without Purchaser's prior written consent. Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within ten (10) business days after Seller's written request and Purchaser's receipt of such new lease or existing lease modification or renewal (together with an estimation of the New Lease Costs). If approved by Purchaser, a complete copy of any such new lease or existing lease modification or renewal shall be delivered to Purchaser within ten (10) days of the full execution thereof. All New Lease Costs shall be paid by Purchaser and Purchaser shall assume all such obligations at the Closing and Seller shall receive a credit at Closing for any New Lease Costs incurred by Seller prior to Closing. Purchaser acknowledges that there currently exists the unsatisfied tenant improvement obligations and leasing commissions set forth on Exhibit N attached hereto. Seller agrees to pay the unsatisfied leasing commission obligations and tenant improvement obligations set forth on Exhibit N ...
New Leases. Continue its present rental program and efforts at such Seller’s Property to rent vacant space in accordance with past practices; provided that, without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s sole discretion, such Seller shall not (i) execute any new lease, license or other occupancy agreement, (ii) amend, supplement, terminate, accept the surrender of, renew or otherwise modify any existing Lease, (iii) approve any assignment or sublease of any existing Lease, or
New Leases. Notwithstanding anything contained in this Contract to the contrary, Purchaser shall be responsible for the costs of all tenant improvement expenses and leasing commissions payable or attributable to any new Tenant Leases entered into by Seller after June 1, 1998 and prior to the Closing Date; provided, that such new Tenant Leases have been delivered by Seller to Purchaser for Purchaser's approval and Purchaser has approved of such new Tenant Leases, which approval shall not be unreasonably withheld, conditioned or delayed, and which shall be deemed approved if Purchaser has not notified Seller of its rejection of such new Tenant Lease within three (3) business days after receipt of a request for approval of such new Tenant Lease from Seller (which request shall be accompanied by a copy of the Tenant Lease in question and the amount of any leasing commissions relating thereto). In the event that Seller has paid any of such expenses and/or leasing commissions prior to Closing, Purchaser shall reimburse Seller at Closing for the amount of any such expenses and/or leasing commissions paid by Seller and, in the event Seller has not paid such expenses and/or leasing commissions prior to Closing, Purchaser shall be responsible for payment of all such expenses and/or leasing commissions after Closing.
New Leases. Seller agrees to deliver to Purchaser five (5) days prior to the expiration of the Inspection Period any new leases executed by Seller. After the expiration of the Inspection Period, Seller shall not execute any new lease affecting the Property or modify, amend or accept the surrender (collectively or individually a "Modification Agreement") of any of the Leases without Purchaser's prior written consent. Upon requesting Purchaser's consent, Seller shall deliver a complete copy of said proposed lease to Purchaser with a copy of any brokerage commission agreement and statement as to the cost of any tenant improvement work, contributions, and brokerage commissions due or to become due in connection therewith (the "Disclosure Documents"). Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within five (5) business days after receipt of Seller's written request and the complete copy of said lease or Modification Agreement and other material. If approved by Purchaser, a complete copy of any such lease or Modification Agreement shall be delivered to Purchaser within five (5) days of the full execution thereof. With respect to all new leases or Modification Agreement executed and delivered to Purchaser five (5) days prior to the expiration of the Inspection Period and with respect to all other new leases or Modification Agreement, provided Purchaser has approved the new lease to the extent said approval is required, leasing costs and commissions, tenant improvements and contributions, and reasonable attorneys' fees, shall be paid by Purchaser or credited to Seller at Closing if already paid by Seller provided such costs and expenses were specifically disclosed to Purchaser in the Disclosure Documents.
New Leases. If the Mortgaged Lease shall be terminated prior to the natural expiration of its term due to default by Mortgagor or any tenant thereunder, and if, pursuant to the provisions of the Mortgaged Lease, Mortgagee or its designee shall acquire from the lessor a new lease of the premises subject to the Mortgaged Lease, Mortgagor shall have no right, title or interest in or to such new lease or the leasehold estate created thereby, or renewal privileges therein contained.
New Leases provide regular market assessments; coordinate the development of comprehensive leasing and marketing plans; hire and terminate listing brokers for the Property; coordinate listing brokers and tenant brokers; provide leasing benchmarks and analysis of new deals; negotiate, document and execute leases; coordinate and implement the development of space plans; and produce related monthly reports and participate in meetings.
New Leases. None of the Borrowers will, nor will any Borrower permit any Subsidiary to, enter into any Capital Lease, except as permitted below or as otherwise permitted under Sections 7-7 and 7-8. Each Borrower will not, and will not permit any Subsidiary to, enter into any new lease (including any new Capital Leases, but excluding renewals of any existing leases) as lessee if, immediately after giving effect thereto, the aggregate rental obligations (excluding payments required to be made by the lessee in respect of taxes and insurance whether or not denominated as rent, and excluding payments incurred in connection with a renewal of any existing lease) of all of the Borrowers and their respective Subsidiaries for the period from the Closing Date through the June 30, 2005 under all such leases entered into in any fiscal year after the Closing Date shall exceed $2,000,000 in the aggregate in such fiscal year after the Closing Date; provided, however, that to the extent rental obligations under any lease are reimbursable by such Borrower's customer pursuant to a binding contract between such Borrower and such customer, such rental obligations shall be excluded from the foregoing provision of this sentence. Upon the reasonable request of the Agents, the Lead Borrower will obtain a landlord's waiver reasonably acceptable to the Agents on any existing or new leased location occupied by any Borrower.
New Leases. Notwithstanding any other provisions of this Article I, Mortgagor may not, except as otherwise provided in the Comfort Letter of even date herewith from Mortgagee to Fee Owner, enter into any lease or rental contract of the Premises, or any part thereof, except on the following conditions: (a) each such lease or contract shall contain a provision that the rights of such lessee or tenant thereunder are expressly subordinate to all of the rights and title of Mortgagee under this Mortgage; (b) any such lease or contract shall contain an express provision whereby the lessee or tenant thereunder expressly recognizes and agrees that, notwithstanding such subordination, Mortgagee, its successors or assigns, or other holder of this Mortgage and the Note, may sell the Mortgaged Property, or any part thereof, in the manner provided in Part IV of Section 2.01 hereof, and thereby, at the option of Mortgagee, its successors or assigns or other holder of this Mortgage and the Note, sell the same subject to the lease or tenant contract of such lessee or tenant; and (c) at or prior to the time of execution of any such lease or contract by any such lessee or tenant, Mortgagor shall, as a condition to such execution, procure from such lessee or tenant an agreement in favor of Mortgagee, or other holder of this Mortgage and the Note, in form and substance satisfactory to Mortgagee or such holder, whereunder such lessee or tenant agrees to be bound by the provisions of Part IV of Section 2.01 hereof regarding the manner in which Mortgagee or such holder may exercise its power of sale under said Part IV.
New Leases. From and after the date hereof, the Transferor Company shall not make, execute nor permit any new Lease for any apartment in the Property without first obtaining the written consent of the BRI Partnership, unless such Lease (i) is on the form lease provided to the BRI Partnership, and (ii) is with a Qualified Tenant.
