Common use of Obligation of Leasehold Mortgagee to Act Clause in Contracts

Obligation of Leasehold Mortgagee to Act. A Leasehold Mortgagee that does not directly hold an interest in the subleasehold estate, or that holds a Leasehold Mortgage, shall not have any obligation under this Sublease prior to the time that such Leasehold Mortgagee succeeds to absolute title to such estate; and such Leasehold Mortgagee shall be liable to perform obligations under this Sublease only for and during the period of time that such Leasehold Mortgagee directly holds such absolute title. Further, in the event that a Leasehold Mortgagee elects to (i) perform Sublandlord’s obligations under this Sublease, (ii) continue Sublandlord’s operations on the Sublease Premises, (iii) acquire any portion of Sublandlord’s right, title or interest in the Sublease Premises or under this Sublease; or (iv) enter into a new agreement as provided in Section 5(b)(vi) of this Exhibit D, then such Leasehold Mortgagee shall not have any personal liability to Subtenant in connection therewith, and Subtenant’s sole recourse in the event of default by such Leasehold Mortgagee shall be to execute against such Leasehold Mortgagee’s interest in the subleasehold estate and the Solar Facility. Moreover, any Leasehold Mortgagee or other party who acquires the subleasehold estate pursuant to foreclosure or an assignment in lieu of foreclosure shall not be liable to perform any obligations hereunder to the extent the same are incurred or accrue after such Leasehold Mortgagee or other party no longer has ownership of such subleasehold estate.

Obligation of Leasehold Mortgagee to Act. A Leasehold Mortgagee that does not directly hold an interest in the Leasehold Estate or subleasehold estateestate (as the case may be), or that holds a Leasehold Mortgage, shall not have any obligation under this Sublease Lease prior to the time that such Leasehold Mortgagee succeeds to absolute title to such estate; and such Leasehold Mortgagee shall be liable to perform obligations under this Sublease Lease only for and during the period of time that such Leasehold Mortgagee directly holds such absolute title. Further, in the event that a Leasehold Mortgagee elects to (i) perform SublandlordTenant’s obligations under this SubleaseLease, (ii) continue SublandlordTenant’s or any sublessee’s operations on the Sublease PremisesSite or the Easement Lands, (iii) acquire any portion of SublandlordTenant’s or a sublessee’s right, title or interest in the Sublease Premises Site or the Easement Lands or under this Sublease; Lease or a sublease (as the case may be) or (iv) enter into a new agreement as provided in Section 5(b)(vi) of this Exhibit D12(e)(vi), then such Leasehold Mortgagee shall not have any personal liability to Subtenant Landlord in connection therewith, and SubtenantLandlord’s sole recourse in the event of default by such Leasehold Mortgagee shall be to execute against such Leasehold Mortgagee’s interest in the Leasehold Estate or subleasehold estate (as the case may be) and the Solar Generating Facility. Moreover, any Leasehold Mortgagee or other party who acquires the Leasehold Estate or subleasehold estate (as the case may be) pursuant to foreclosure or an assignment in lieu of foreclosure shall not be liable to perform any obligations hereunder to the extent the same are incurred or accrue after such Leasehold Mortgagee or other party no longer has ownership of such Leasehold Estate or subleasehold estate. Notwithstanding the foregoing, a Leasehold Mortgagee who elects to take any of the actions described above in (i)–(iv) of this subsection 12(e)(v) shall be liable to Landlord for obligations contained in subsection 7(f) hereof.