No Exercise of Mortgage Remedies Against Tenant. So long as the Lease has not been terminated on account of Tenant’s default that has continued beyond applicable cure periods (an “Event of Default”), Mortgagee shall not name or join Tenant as a defendant in any exercise of Mortgagee’s rights and remedies arising upon a default under the Mortgage unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Mortgagee may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant’s rights under the Lease or this Agreement in such action.
No Exercise of Mortgage Remedies Against Tenant. So long as the Tenant is not in default under this Agreement or under the Lease beyond any applicable grace or cure periods (an "Event of Default"), Mortgagee (i) shall not terminate or disturb Tenant's possession of the Leased Premises under the Lease, except in accordance with the terms of the Lease and this Agreement and (ii) shall not name or join Tenant as a defendant in any exercise of Mortgagee's rights and remedies arising upon a default under the Mortgage unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Mortgagee may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant's rights under the Lease or this Agreement in such action.
No Exercise of Mortgage Remedies Against Tenant. So long as the Lease has not been terminated on account of Tenant’s default that has continued beyond applicable cure periods (an “Event of Default”), Lender shall not name or join Tenant as a defendant in any judicial action or proceeding that is commenced pursuant to the exercise of Lender’s rights and remedies arising upon a default by Landlord under the Mortgage unless (a) applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or in order to prosecute or otherwise fully enforce such rights and remedies; or (b) such joinder of Tenant is required for the recovery by Lender of any Rent at any time owing by Tenant under the Lease, whether pursuant to the assignment of rents set forth in the Mortgage or otherwise; or (c) such joinder is required in order to enforce any right of Lender to enter Landlord’s Premises for the purpose of making any inspection or assessment, or in order to protect the value of Lender’s security provided by the Mortgage. In any instance in which Lender is permitted to join Tenant as a defendant as provided above, Lender agrees not to terminate the Lease or otherwise adversely affect Tenant’s rights under the Lease or this Agreement in or pursuant to such action or proceeding, unless an Event of Default by Tenant has occurred and is continuing. The foregoing provisions of this Section shall not be construed in any manner that would prevent Lender from (i) carrying out any nonjudicial foreclosure proceeding under the Mortgage, or (ii) obtaining the appointment of a receiver for the Landlord’s Premises as and when permitted under applicable law.
No Exercise of Mortgage Remedies Against Tenant. So long as the Lease has not been terminated, Mortgagee shall not name or join Tenant as a defendant in any exercise of Mortgagee’s rights and remedies arising upon a default under the Mortgage, unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Mortgagee may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant’s rights under the Lease or this Agreement in such action.
No Exercise of Mortgage Remedies Against Tenant. So long as the Tenant is not in default under the Lease beyond any applicable grace or cure periods (an “Event of Default”), Mortgagee shall not terminate or disturb Tenant’s possession of the Leased Premises under the Lease, except in accordance with the terms of the Lease.
No Exercise of Mortgage Remedies Against Tenant. So long as the Lease has not been terminated on account of an Event of Default that has continued beyond all applicable notice and cure periods, neither Mortgagee nor any Successor Landlord shall name or join Tenant as a defendant, or seek to terminate the Lease or otherwise diminish or interfere with Tenant’s rights under the Lease or this Agreement, in any exercise of Mortgagee’s or Successor Landlord’s rights and remedies arising upon a default under the Mortgage, unless applicable law requires that Tenant, solely as a procedural matter, be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies against Landlord. In the latter case, Mortgagee or Successor Landlord, as the case may be, may join Tenant as a defendant in such action only for such purpose and *** Confidential material redacted and filed separately with the Commission. not to terminate the Lease or otherwise interfere with or adversely affect Tenant’s rights under the Lease or this Agreement in such action.
No Exercise of Mortgage Remedies Against Tenant. So long as the ----------------------------------------------- Lease has not been terminated on account of Tenant's default that has continued beyond applicable cure periods ("Event of Default"), Mortgagee shall not name or join Tenant as a defendant in any exercise of Mortgagee's rights and remedies arising upon a default under the Mortgage unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Mortgagee may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant's rights under the Lease or this Agreement in such action. If Mortgagee joins Tenant in such action, Landlord, by executing the Consent hereinafter set forth, agrees to indemnify, defend and hold Tenant harmless from and against any loss, cost or expense incurred or suffered by Tenant, including without limitation, legal fees, in being a party to or arising from such action.
No Exercise of Mortgage Remedies Against Tenant. So long as no default by Tenant has continued beyond applicable cure periods (an "Event of Default") and is continuing at the time of a Foreclosure Event, Mortgagee shall not terminate the Lease in any exercise of Mortgagee's rights and remedies arising upon a default under the Mortgage.
No Exercise of Mortgage Remedies Against Tenant. So long as Tenant is not in default (i) in the performance of Tenant's obligations hereunder beyond five (5) days after Tenant's receipt of written notice of such default, or (ii) in the performance of Tenant's obligations under the Lease beyond applicable cure periods, Lender shall recognize Tenant's rights under the Lease, and shall not name or join Tenant as a party defendant in any foreclosure or other proceedings for enforcement of the Mortgage (unless required by applicable law), nor shall the Lease be terminated by Lender in connection with, or by reason of, foreclosure, exercise of power of sale or other proceedings for enforcement of the Mortgage (whether or not Lender is required by law to name Tenant as a party defendant), or by reason of a transfer of Landlord's Premises pursuant to the taking of a deed or assignment in lieu of foreclosure or similar device.
No Exercise of Mortgage Remedies Against Tenant. So long as the Tenant is not in default under the Lease beyond any applicable grace or cure periods (an “Event of Default”), Lender (i) shall not terminate or disturb Tenant’s possession of the Leased Premises under the Lease, except in accordance with the terms of the Lease, and (ii) shall not name or join Tenant as a defendant in any exercise of Xxxxxx’s rights and remedies arising upon a default under the Mortgage unless applicable law requires Tenant to be made a party thereto as a condition to proceeding against Landlord or prosecuting such rights and remedies. In the latter case, Xxxxxx may join Tenant as a defendant in such action only for such purpose and not to terminate the Lease or otherwise adversely affect Tenant’s rights under the Lease or this Agreement in such action.
