Common use of Rejection of the Ground Lease Clause in Contracts

Rejection of the Ground Lease. If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Agreement and all the Lien, terms, covenants and conditions of the Security Agreement shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. If the Ground Lease is terminated by the landlord thereunder for any reason in (a) In the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the any Bankruptcy Code or any other law affecting creditor’s rightsLaw, (i) Borrower, immediately promptly after obtaining notice thereof, shall give notice thereof to LenderAdministrative Agent, (ii) Borrowerno Borrower Party, without the prior written consent of LenderAdministrative Agent, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or lawBankruptcy Law, and any election by any Borrower Party made without such consent shall be void and (iii) the Security Agreement Mortgage and all the LienLiens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover Borrowerthe applicable Property Guarantor’s possessory rights under Section 365(h) of the Bankruptcy Code or any comparable Bankruptcy Law and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower each Property Guarantor hereby assigns irrevocably to LenderAdministrative Agent, Borrowersuch Property Guarantor’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable Bankruptcy Law and to offset rents Ground Rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the any Bankruptcy Code or any comparable federal or state statute or lawLaw, provided that Lender Administrative Agent shall not exercise such rights and shall permit Borrower or the applicable Property Guarantor to exercise such rights with the prior written consent of LenderAdministrative Agent, not to be unreasonably withheld or delayedwithheld, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. If the Ground Lease is terminated by the landlord thereunder for any reason in (1) In the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Borrower, immediately promptly after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Agreement Mortgage and all the LienLiens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld withheld, conditioned or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. If the Ground Lease is terminated by the landlord thereunder for any reason in a. In the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the any Bankruptcy Code or any other law affecting creditor’s rightsLaw, (i) BorrowerBorrowers, immediately promptly after obtaining notice thereof, shall give notice thereof to LenderAdministrative Agent, (ii) Borrowerno Borrower Party, without the prior written consent of LenderAdministrative Agent, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or lawBankruptcy Law, and any election by any Borrower Party made without such consent shall be void and (iii) the Security Agreement Mortgage and all the LienLiens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover the applicable Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code or any comparable Bankruptcy Law and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, each Borrower hereby assigns irrevocably to LenderAdministrative Agent, such Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable Bankruptcy Law and to offset rents Ground Rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the any Bankruptcy Code or any comparable federal or state statute or lawLaw, provided that Lender Administrative Agent shall not exercise such rights and shall permit the applicable Borrower to exercise such rights with the prior written consent of LenderAdministrative Agent, not to be unreasonably withheld or delayedwithheld, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code Code, or any other law affecting creditor’s 's rights, (i) the Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) this Security Instrument and the Other Security Agreement Documents and all the Lienliens, terms, covenants and conditions of this Security Instrument and the Other Security Agreement shall extend Documents hereby extends to and cover covers Borrower’s 's possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s 's rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) this Agreement, the Security Agreement Deed of Trust, all other Loan Documents, and all the Lienliens, terms, covenants and conditions of the Security Agreement forgoing shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby irrevocably assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder Ground Lessor for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder Ground Lessor pursuant to the Bankruptcy Code or any other law affecting creditor’s rightsCreditors Rights Law, (i) Borrower, immediately after obtaining notice thereof, shall give notice thereof to LenderMortgagee, (ii) Borrower, without the prior written consent of LenderMortgagee, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the this Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the this Security Agreement Instrument shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Mortgagee Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender Mortgagee shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of LenderMortgagee, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the any Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the United States Bankruptcy Code Code, or any other law affecting creditor’s rights, (i) Borrowerthe Mortgagor, immediately after obtaining notice thereof, shall give notice thereof to LenderMortgagee, (ii) BorrowerMortgagor, without the prior written consent of LenderMortgagee, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower Mortgagor made without such consent shall be void and (iii) the Security Agreement Mortgage and all the Lienliens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover BorrowerMortgagor’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower Mortgagor hereby assigns irrevocably to LenderMortgagee, BorrowerMortgagor’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) the Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the this Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the this Security Agreement Instrument shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord ground lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayedwithheld, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder Ground Lessor for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder Ground Lessor pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the this Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the this Security Agreement Instrument shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Lender Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. If the Ground Lease is terminated by the landlord thereunder for any reason in (a) In the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Borrower, immediately promptly after obtaining notice thereof, shall give notice thereof to LenderXxxxxxxxxxxxxx 000 Xxxxx, (iixx) Borrower, without the prior written consent of LenderAdministrative Agent, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Agreement Mortgage and all the LienLiens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to LenderAdministrative Agent, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents Ground Rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender Administrative Agent shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of LenderAdministrative Agent, not to be unreasonably withheld or delayedwithheld, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (i) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code or any other law affecting creditor’s 's rights, (i) Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Agreement Mortgage and all the LienLiens, terms, covenants and conditions of the Security Agreement Mortgage shall extend to and cover Borrower’s 's possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s 's rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder Ground Lessor for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder Ground Lessor pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) BorrowerOwner, immediately after obtaining notice thereof, shall give notice thereof to LenderAgent, (ii) BorrowerOwner, without the prior written consent of LenderAgent, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower Owner made without such consent shall be void and (iii) the this Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the this Security Agreement Instrument shall extend to and cover BorrowerOwner’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower Owner hereby assigns irrevocably to Lender, BorrowerAgent Owner’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender Agent shall not exercise such rights and shall permit Borrower Owner to exercise such rights with the prior written consent of LenderAgent, not to be unreasonably withheld or delayed, unless an a Credit Agreement Event of Default shall have occurred and be continuingexists.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the United States Bankruptcy Code Code, or any other law affecting creditor’s rights, (i) the Borrower, immediately after obtaining notice thereof, shall give notice thereof to thereto Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Mortgage and this Loan Agreement and all the Lienliens, terms, covenants and conditions of the Security Mortgage and this Loan Agreement shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder ground lessor for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder ground lessor pursuant to the Bankruptcy Code or any other law affecting creditor’s rights, (i) Leasehold Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Leasehold Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Leasehold Borrower made to treat the Ground Lease as terminated without such consent shall be void and (iii) the this Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the this Security Agreement Instrument shall extend to and cover Leasehold Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Leasehold Borrower hereby assigns irrevocably to Lender, Lender Leasehold Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord ground lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Leasehold Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the United States Bankruptcy Code Code, or any other law affecting creditor’s rights, (i) the Borrower, immediately after obtaining notice thereof, shall give notice thereof to Lender, (ii) Borrower, without the prior written consent of Lender, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower made without such consent shall be void and (iii) the Security Agreement Instrument and all the Lienliens, terms, covenants and conditions of the Security Agreement Instrument shall extend to and cover Borrower’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower hereby assigns irrevocably to Lender, Borrower’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.

Rejection of the Ground Lease. (a) If the Ground Lease is terminated by the landlord thereunder for any reason in the event of the rejection or disaffirmance of the Ground Lease by the landlord thereunder pursuant to the Bankruptcy Code Code, or any other law affecting creditor’s rights, (i) BorrowerMortgagor, immediately after obtaining notice thereof, shall give notice thereof thereto to LenderMortgagee, (ii) BorrowerMortgagor, without the prior written consent of LenderMortgagee, shall not elect to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code or any comparable federal or state statute or law, and any election by Borrower Mortgagor made without such consent shall be void and (iii) this Mortgage and the Security Loan Agreement and all the Lienliens, terms, covenants and conditions of this Mortgage and the Security Loan Agreement shall extend hereby extends to and cover Borrowercovers Mortgagor’s possessory rights under Section 365(h) of the Bankruptcy Code and to any claim for damages due to the rejection of the Ground Lease or other termination of the Ground Lease. In addition, Borrower Mortgagor hereby assigns irrevocably to Lender, BorrowerMortgagee Mortgagor’s rights to treat the Ground Lease as terminated pursuant to Section 365(h) of the Bankruptcy Code and to offset rents under the such Ground Lease in the event any case, proceeding or other action is commenced by or against the landlord Ground Lessor under the Bankruptcy Code or any comparable federal federal” or state statute or law, provided that Lender shall not exercise such rights and shall permit Borrower to exercise such rights with the prior written consent of Lender, not to be unreasonably withheld or delayed, unless an Event of Default shall have occurred and be continuing.