Common use of Provisions Regarding Leasehold Leases Clause in Contracts

Provisions Regarding Leasehold Leases. (a) The Mortgagor will duly and punctually perform and comply with all of the terms of the Leasehold Leases required to be performed and complied with by the lessee or tenant therein, and will do all things necessary to keep unimpaired its right in and to the Leasehold Leases and to prevent any default thereunder or forfeiture or impairment thereof. The Mortgagor will not, except with the prior written consent of CoBank: (a) cancel, terminate or surrender any Leasehold Lease, or consent to or accept any cancellation or termination thereof, or permit any condition or event to exist which would terminate or cancel the same or permit such termination or cancellation; (b) materially amend, modify or otherwise change any term of any Leasehold Lease; or (c) take any action in connection with any Leasehold Lease which would have the effect of impairing the value of the Mortgagor's interest thereunder or of the Premises, or of impairing the interest of CoBank therein; provided, however, that the Mortgagor may do any of the foregoing without the prior written consent of CoBank, in the ordinary course of its business so long as (i) Grantor determines that such action is necessary or desirable in the conduct of its business, (ii) no Default, or event which with the passage of time or the giving of notice or both, could become a default, shall have occurred and be continuing or shall occur as a result thereof and (iii) the Mortgagor has substituted for such Leasehold Lease other property not necessarily of the same character but of at least equal value to the Mortgagor as such Leasehold Lease and subjected said substitute property to the lien hereof. As further security for the repayment of the indebtedness secured hereby and for the performance of the covenant herein and contained in the Leasehold Leases, the Mortgagor hereby assigns to CoBank any and all of the Mortgagor's rights, privileges and prerogatives as lessee or tenant under any Leasehold Lease or otherwise to terminate, cancel, modify, change, supplement, alter, amend, renew or extend such Leasehold Lease, or to purchase the Real Property and any such termination, cancellation, modification, change, supplement, alteration, amendment or extension of such Leasehold Lease or purchase of such Real Property, without the prior and written consent thereto by CoBank shall be void and of no force and effect. No release of or forbearance to enforce any of the Mortgagor's obligations under any Leasehold Lease, pursuant to such Leasehold Lease or otherwise, shall release the Mortgagor from any of its obligations under this Mortgage, including, without limitation, its obligations with respect to payment of rent as provided for in such Leasehold Lease and the performance of all of the terms, provisions, covenants, conditions and agreements contained in such Leasehold Lease, to be kept, performed and complied with by the lessee or tenant therein. The Mortgagor shall cause each Leasehold Lease to be renewed and to remain in effect or shall make other arrangements, reasonably acceptable to CoBank, for the lease of substitute space prior to the expiration of each such Leasehold Lease so long as any amount secured hereby shall remain outstanding. The Mortgagor covenants and agrees that it shall provide CoBank with written notice prior to leasing any such substitute space and the Mortgagor shall take all steps necessary to subject the lease of such substitute space to the lien of this Mortgage.

Appears in 1 contract

Samples: Mortgage (Mercury Inc)

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Provisions Regarding Leasehold Leases. (a) The 2.11.1 Mortgagor will duly and punctually perform and comply with all of the terms of the Leasehold Leases required to be performed perfo rmed and complied with by the lessee lessee, tenant or tenant grantee therein, and will do all things necessary to keep unimpaired its right in and to the Leasehold Leases and to prevent any default thereunder or forfeiture or impairment thereof. The Mortgagor will not, except with the prior written consent of CoBankMortgagee: (a) cancel, terminate or surrender any Leasehold Lease, or consent to or accept any cancellation or termination thereof, or permit any condition or event to exist which would terminate or cancel the same or permit such termination or cancellation; (b) materially amend, modify or otherwise change any term of any Leasehold Lease; or (c) take any action in connection with any Leasehold Lease which would have the effect of impairing the value of the Mortgagor's Xxxxxxxxx’s interest thereunder or of the Premises, or of impairing the interest of CoBank Mortgagee therein; provided, however, that the Mortgagor may do any of the foregoing without the prior written consent of CoBank, in the ordinary course of its business so long as (i) Grantor determines that such action is necessary or desirable in the conduct of its business, (ii) no Default, or event which with the passage of time or the giving of notice or both, could become a default, shall have occurred and be continuing or shall occur as a result thereof and (iii) the Mortgagor has substituted for such Leasehold Lease other property not necessarily of the same character but of at least equal value to the Mortgagor as such Leasehold Lease and subjected said substitute property to the lien hereof. As further security for the repayment of the indebtedness secured hereby Secured Obligations and for the performance of the covenant covenants contained herein and contained in the Leasehold Leases, the Mortgagor hereby assigns to CoBank Mortgagee any and all of the Mortgagor's ’s rights, privileges and prerogatives as lessee or tenant under any Leasehold Lease or otherwise to terminate, cancel, modify, change, supplement, alter, amend, renew or extend such Leasehold Lease, or to purchase the Real Property real property that is the subject of such Leasehold Lease and any such termination, cancellation, modification, change, supplement, alteration, amendment or extension of such Leasehold Lease or purchase of such Real Propertyreal property, without the prior and written consent thereto by CoBank Mortgagee shall be void and of no force and effect. No release of or forbearance to enforce any of the Mortgagor's ’s obligations under any Leasehold Lease, pursuant to such Leasehold Lease or otherwise, shall release the Mortgagor from any of its obligations under this Mortgage, including, without limitation, its obligations with respect to payment of rent as provided for in such Leasehold Lease and the performance of all of the terms, provisions, covenants, conditions and agreements contained in such Leasehold Lease, to be kept, performed and complied with by the lessee or tenant therein. The Mortgagor shall shall, to the extent necessary for the operation of its business, cause each Leasehold Lease to be renewed and to remain in effect or shall make other arrangements, reasonably acceptable to CoBankMortgagee, for the lease of substitute space prior to the expiration of each such Leasehold Lease so long as any amount secured hereby shall remain outstanding. The Mortgagor covenants and agrees that it shall provide CoBank Mortgagee with written notice prior to promptly after leasing any such substitute space and the Mortgagor shall take all steps necessary to subject the lease of such substitute space to the lien of this Mortgage.

Appears in 1 contract

Samples: Security Agreement

Provisions Regarding Leasehold Leases. (a) The 2.11.1 Mortgagor will duly and punctually perform and comply with all of the terms of the Leasehold Leases required to be performed and complied with by the lessee lessee, tenant or tenant grantee therein, and will do all things necessary to keep unimpaired its right in and to the Leasehold Leases and to prevent any default thereunder or forfeiture or impairment thereof. The Mortgagor will not, except with the prior written consent of CoBankMortgagee: (a) cancel, terminate or surrender any Leasehold Lease, or consent to or accept any cancellation or termination thereof, or permit any condition or event to exist which would terminate or cancel the same or permit such termination or cancellation; (b) materially amend, modify or otherwise change any term of any Leasehold Lease; or (c) take any action in connection with any Leasehold Lease which would have the effect of impairing the value of the Mortgagor's Xxxxxxxxx’s interest thereunder or of the Premises, or of impairing the interest of CoBank Mortgagee therein; provided, however, that the Mortgagor may do any of the foregoing without the prior written consent of CoBank, in the ordinary course of its business so long as (i) Grantor determines that such action is necessary or desirable in the conduct of its business, (ii) no Default, or event which with the passage of time or the giving of notice or both, could become a default, shall have occurred and be continuing or shall occur as a result thereof and (iii) the Mortgagor has substituted for such Leasehold Lease other property not necessarily of the same character but of at least equal value to the Mortgagor as such Leasehold Lease and subjected said substitute property to the lien hereof. As further security for the repayment of the indebtedness secured hereby Secured Obligations and for the performance of the covenant covenants contained herein and contained in the Leasehold Leases, the Mortgagor hereby assigns to CoBank Mortgagee any and all of the Mortgagor's ’s rights, privileges and prerogatives as lessee or tenant under any Leasehold Lease or otherwise to terminate, cancel, modify, change, supplement, alter, amend, renew or extend such Leasehold Lease, or to purchase the Real Property real property that is the subject of such Leasehold Lease and any such termination, cancellation, modification, change, supplement, alteration, amendment or extension of such Leasehold Lease or purchase of such Real Propertyreal property, without the prior and written consent thereto by CoBank Mortgagee shall be void and of no force and effect. No release of or forbearance to enforce any of the Mortgagor's ’s obligations under any Leasehold Lease, pursuant to such Leasehold Lease or otherwise, shall release the Mortgagor from any of its obligations under this Mortgage, including, without limitation, its obligations with respect to payment of rent as provided for in such Leasehold Lease and the performance of all of the terms, provisions, covenants, conditions and agreements contained in such Leasehold Lease, to be kept, performed and complied with by the lessee or tenant therein. The Mortgagor shall shall, to the extent necessary for the operation of its business, cause each Leasehold Lease to be renewed and to remain in effect or shall make other arrangements, reasonably acceptable to CoBankMortgagee, for the lease of substitute space prior to the expiration of each such Leasehold Lease so long as any amount secured hereby shall remain outstanding. The Mortgagor covenants and agrees that it shall provide CoBank Mortgagee with written notice prior to promptly after leasing any such substitute space and the Mortgagor shall take all steps necessary to subject the lease of such substitute space to the lien of this Mortgage.

Appears in 1 contract

Samples: Mortgage And

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Provisions Regarding Leasehold Leases. (a) The 2.11.1 Mortgagor will duly and punctually perform and comply with all of the terms of the Leasehold Leases required to be performed perfo rmed and complied with by the lessee lessee, tenant or tenant grantee therein, and will do all things necessary to keep unimpaired its right in and to the Leasehold Leases and to prevent any default thereunder or forfeiture or impairment thereof. The Mortgagor will not, except with the prior written consent of CoBankMortgagee: (a) cancel, terminate or surrender any Leasehold Lease, or consent to or accept any cancellation or termination thereof, or permit any condition or event to exist which would terminate or cancel the same or permit such termination or cancellation; (b) materially amend, modify or otherwise change any term of any Leasehold Lease; or (c) take any action in connection with any Leasehold Lease which would have the effect of impairing the value of the Mortgagor's ’s interest thereunder or of the Premises, or of impairing the interest of CoBank Mortgagee therein; provided, however, that the Mortgagor may do any of the foregoing without the prior written consent of CoBank, in the ordinary course of its business so long as (i) Grantor determines that such action is necessary or desirable in the conduct of its business, (ii) no Default, or event which with the passage of time or the giving of notice or both, could become a default, shall have occurred and be continuing or shall occur as a result thereof and (iii) the Mortgagor has substituted for such Leasehold Lease other property not necessarily of the same character but of at least equal value to the Mortgagor as such Leasehold Lease and subjected said substitute property to the lien hereof. As further security for the repayment of the indebtedness secured hereby Secured Obligations and for the performance of the covenant covenants contained herein and contained in the Leasehold Leases, the Mortgagor hereby assigns to CoBank Mortgagee any and all of the Mortgagor's ’s rights, privileges and prerogatives as lessee or tenant under any Leasehold Lease or otherwise to terminate, cancel, modify, change, supplement, alter, amend, renew or extend such Leasehold Lease, or to purchase the Real Property real property that is the subject of such Leasehold Lease and any such termination, cancellation, modification, change, supplement, alteration, amendment or extension of such Leasehold Lease or purchase of such Real Propertyreal property, without the prior and written consent thereto by CoBank Mortgagee shall be void and of no force and effect. No release of or forbearance to enforce any of the Mortgagor's ’s obligations under any Leasehold Lease, pursuant to such Leasehold Lease or otherwise, shall release the Mortgagor from any of its obligations under this Mortgage, including, without limitation, its obligations with respect to payment of rent as provided for in such Leasehold Lease and the performance of all of the terms, provisions, covenants, conditions and agreements contained in such Leasehold Lease, to be kept, performed and complied with by the lessee or tenant therein. The Mortgagor shall shall, to the extent necessary for the operation of its business, cause each Leasehold Lease to be renewed and to remain in effect or shall make other arrangements, reasonably acceptable to CoBankMortgagee, for the lease of substitute space prior to the expiration of each such Leasehold Lease so long as any amount secured hereby shall remain outstanding. The Mortgagor covenants and agrees that it shall provide CoBank Mortgagee with written notice prior to promptly after leasing any such substitute space and the Mortgagor shall take all steps necessary to subject the lease of such substitute space to the lien of this Mortgage.

Appears in 1 contract

Samples: Security Agreement

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