Rent Collection and Services with Respect to Leases Sample Clauses

Rent Collection and Services with Respect to Leases. (a) Manager shall use commercially reasonable efforts to cause the Property to be fully rented to qualified tenants, and in connection therewith shall: consult Owner with respect to rental and renewal of occupancy space to qualified tenants and propose, supervise and implement a leasing program which shall include leasing parameters, including, rents, tenant improvement allowances, free rent periods and other tenant concessions with respect to the Property, which leasing program shall include the then current year’s Leasing Budget and shall be subject to the prior written approval of Owner (once approved, the “Approved Leasing Program”); cooperate with licensed real estate brokers having clients interested in renting space in the Property; advertise the Property; and order and purchase all signs, renting plans, price lists, booklets, circulars and advertising to offer space in the Property for rent, all subject to Owner’s approval and at Owner’s expense. All Leases shall be on the Standard Form of Lease. Manager shall revise the Standard Form of Lease at Owner’s written direction. The form, content and terms of all Leases and the acceptability of all tenants shall be subject to approval of Owner and all Leases shall be in Owner’s name and executed by Owner unless Owner expressly in writing authorizes and directs Manager, as Owner’s property manager, to execute a Lease. Manager shall cooperate with legal counsel designated and retained by Owner to negotiate all Leases. All legal costs and expenses incurred to negotiate said Leases shall be paid by Owner. Manager shall act as Owner’s exclusive agent in the leasing of the Property or at the direction of Owner, Manager shall contract with a third party licensed real estate brokerage firm to act as Owner’s exclusive agent in the leasing of the Property pursuant to an agreement approved by Owner. Manager represents that it is duly licensed to provide such leasing services. (b) Without Owner’s prior written consent, Manager shall not permit any Person to occupy any space in the Property unless such occupancy is pursuant to a written Lease on the Standard Form of Lease and in compliance with the leasing parameters approved under the Approved Leasing Program. In addition, unless expressly provided in an approved Lease or Manager otherwise has obtained Owner’s prior written consent, Manager shall not permit any Tenant to take occupancy in any space at the Property unless such Tenant has delivered to Manager or Owner...
Sample 1Sample 2
AutoNDA by SimpleDocs
Rent Collection and Services with Respect to Leases. (A) Manager shall perform any duties and exercise any rights conferred upon the Owner, as landlord, under all leases covering the Property. (B) Manager shall use commercially reasonable efforts to collect all rentals and other charges and amounts due or to become due under all leases covering the Property (“Leases”). (C) Manager may institute judicial actions and proceedings as may be reasonably necessary to recover rents and other sums due the Owner from the Property's tenants (“Tenants”) or to evict tenants and regain possession, including the authority, in the Manager's reasonable discretion, to settle, compromise and release any and all such judicial actions and proceedings.
Sample 1
Rent Collection and Services with Respect to Leases. (A) Manager shall use its diligent and commercially reasonable efforts to cause the Property to be fully rented to desirable tenants, and in connection therewith Manager shall have the exclusive authority and exclusive right to negotiate and execute leases with Tenants for the rent, and upon such other terms and conditions as Manager may, in its sole discretion, from time to time approve, provided Manager's policies and practices respecting rental rights and the like are consistent. with the policies, practices, leasing parameters and lease documents established from time to time by Owner in its sole discretion; provided further, that leases shall be on Owner's standard lease form, as updated from time to time, if Owner provides Manager with the same. Manager shall ensure that all leasing, real property advertising or real property brokerage activities for the Property conducted by Manager, its employees or agents, shall be in accordance with Tennessee and applicable federal law and Manager shall obtain all required licenses or other authorizations required under Tennessee and applicable federal law prior to conducting any such activities. (B) Manager shall, at the expense of Owner, use its diligent and commercially reasonable, good faith efforts to provide that the Tenants receive the services required to be provided by Owner under their Leases, to duly and punctually observe and perform on behalf of Owner all of Owner's obligations under the Leases, and to enforce, preserve and keep unimpaired the rights of Owner and the obligations of the Tenants under the Leases. (C) Manager shall use its diligent and commercially reasonable, good faith efforts to collect and enforce the collection of all rents and other charges payable by the Tenants under their Leases. Manager shall xxxx the Tenants for any additional rent in a timely manner so that such additional rent is not forfeited. Manager shall immediately deposit all rents and other sums collected by Manager in the Operating Account (as hereinafter defined). (D) Manager shall be authorized to pay from time to time as a Reimbursable Expense in connection with leasing of the residential or nonresidential portions of the Property leasing commissions to third party real estate brokers which have provided services in connection with such leasing in amounts agreed upon in advance by Owner. (E) Manager shall use its commercially reasonable efforts to enforce the terms of all tenant leases and to collect all rents an...
Sample 1

Related to Rent Collection and Services with Respect to Leases

  • Agreement with Respect to Leased Data Processing Equipment (a) The Receiver hereby grants to the Assuming Bank an exclusive option for the period of ninety (90) days commencing the day after Bank Closing to accept an assignment from the Receiver of any or all Data Processing Leases to the extent that such Data Processing Leases can be assigned. (b) The Assuming Bank shall (i) give written notice to the Receiver within the option period specified in Section 4.7(a) of its intent to accept or decline an assignment or sublease of any or all Data Processing Leases and promptly accept an assignment or sublease of such Data Processing Leases, and (ii) give written notice to the appropriate lessor(s) that it has accepted an assignment or sublease of any such Data Processing Leases. (c) The Receiver agrees to facilitate the assignment or sublease of Data Processing Leases or the negotiation of new leases or license agreements by the Assuming Bank; provided, that neither the Receiver nor the Corporation shall be obligated to engage in litigation or make payments to the Assuming Bank or to any third party in connection with facilitating any such assumption, assignment, sublease or negotiation. (d) The Assuming Bank agrees, during its period of use of any property subject to a Data Processing Lease, to pay to the Receiver or to appropriate third parties at the direction of the Receiver all operating costs with respect thereto and to comply with all relevant terms of the applicable Data Processing Leases entered into by the Failed Bank, including without limitation the timely payment of all rent, taxes, fees, charges, utilities, insurance and assessments. (e) The Assuming Bank shall, not later than fifty (50) days after giving the notice provided in Section 4.7(b), (i) relinquish and release to the Receiver all property subject to the relevant Data Processing Lease, in the same condition as at Bank Closing, normal wear and tear excepted, or (ii) accept an assignment or a sublease thereof or negotiate a new lease or license agreement under this Section 4.7.

  • Obligations with Respect to Loan Parties The obligations of the Borrower to direct or prohibit the taking of certain actions by the other Loan Parties as specified herein shall be absolute and not subject to any defense the Borrower may have that the Borrower does not control such Loan Parties.

  • Prior Notice to Owners with Respect to Certain Matters Subject to the provisions and limitations of Section 4.04, with respect to the following matters, the Owner Trustee shall not take action unless at least 30 days before the taking of such action, the Owner Trustee shall have notified the Certificateholders in writing of the proposed action and the Owners shall not have notified the Owner Trustee in writing prior to the 30th day after such notice is given that such Owners have withheld consent or provided alternative direction: (a) the initiation of any claim or lawsuit by the Issuer (except claims or lawsuits brought in connection with the collection of the Receivables) and the compromise of any action, claim or lawsuit brought by or against the Issuer (except with respect to the aforementioned claims or lawsuits for collection of the Receivables); (b) the election by the Issuer to file an amendment to the Certificate of Trust (unless such amendment is required to be filed under the Statutory Trust Statute); (c) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is required; (d) the amendment of the Indenture by a supplemental indenture in circumstances where the consent of any Noteholder is not required and such amendment materially adversely affects the interests of the Owners; (e) the amendment, change or modification of the Administration Agreement, except to cure any ambiguity or to amend or supplement any provision in a manner or add any provision that would not materially adversely affect the interests of the Owners; or (f) the appointment pursuant to the Indenture of a successor Note Registrar, paying agent for the Notes or Indenture Trustee or pursuant to this Agreement of a successor Certificate Registrar, or the consent to the assignment by the Note Registrar, Paying Agent, Indenture Trustee or Certificate Registrar of its obligations under the Indenture or this Agreement, as applicable.

  • Representations with Respect to Rule 17f-5 The Foreign Custody Manager represents to each Fund that it is a U.S. Bank as defined in section (a)(7) of Rule 17f-5. Each Fund represents to the Custodian that its Board has determined that it is reasonable for such Board to rely on the Custodian to perform the responsibilities delegated pursuant to this Agreement to the Custodian as the Foreign Custody Manager of the Portfolios.

  • Other Agreements with Respect to Indemnification and Contribution The provisions of this Section 10 hereof shall not affect any agreements among the Fund and the Manager with respect to indemnification of each other or contribution between themselves.

  • Payments With Respect to Shared-Loss Assets Not later than fifteen (15) days after the date on which the Receiver receives the Monthly Certificate, the Receiver shall pay to the Assuming Institution, in immediately available funds, an amount equal to the Applicable Percentage of the Monthly Shared-Loss Amount reported on the Monthly Certificate. If the total Monthly Shared-Loss Amount reported on the Monthly Certificate is a negative number, the Assuming Institution shall pay to the Receiver in immediately available funds the Applicable Percentage of that amount.

  • Payments and Credits with Respect to the Cash Accounts The Custodian shall make payments from or deposits to any of said accounts in the course of carrying out its administrative duties, including but not limited to income collection with respect to the Fund's Investments, and otherwise in accordance with Instructions. The Custodian and its Subcustodians shall be required to credit amounts to the cash accounts only when moneys are actually received in cleared funds in accordance with banking practice in the country and currency of deposit. Any credit made to any Principal or Agency Account before actual receipt of cleared funds shall be provisional and may be reversed by the Custodian in the event such payment is not actually collected. Unless otherwise specifically agreed in writing by the Custodian or any Subcustodian, all deposits shall be payable only at the branch of the Custodian or Subcustodian where the deposit is made or carried.

  • Agreement with Respect to Safe Deposit Business The Assuming Institution assumes and agrees to discharge, from and after Bank Closing, in the usual course of conducting a banking business, the duties and obligations of the Failed Bank with respect to all Safe Deposit Boxes, if any, of the Failed Bank and to maintain all of the necessary facilities for the use of such boxes by the renters thereof during the period for which such boxes have been rented and the rent therefore paid to the Failed Bank, subject to the provisions of the rental agreements between the Failed Bank and the respective renters of such boxes; provided, that the Assuming Institution may relocate the Safe Deposit Boxes of the Failed Bank to any office of the Assuming Institution located in the trade area of the Failed Bank. The Safe Deposit Boxes shall be located and maintained in the trade area of the Failed Bank for a minimum of one year from Bank Closing. The trade area shall be determined by the Receiver. Fees related to the safe deposit business earned prior to the Bank Closing Date shall be for the benefit of the Receiver and fees earned after the Bank Closing Date shall be for the benefit of the Assuming Institution.

  • Agreement with Respect to Interim Asset Servicing At any time after Bank Closing, the Receiver may establish on its books an asset pool(s) and may transfer to such asset pool(s) (by means of accounting entries on the books of the Receiver) all or any assets and liabilities of the Failed Bank which are not acquired by the Assuming Institution, including, without limitation, wholly unfunded Commitments and assets and liabilities which may be acquired, funded or originated by the Receiver subsequent to Bank Closing. The Receiver may remove assets (and liabilities) from or add assets (and liabilities) to such pool(s) at any time in its discretion. At the option of the Receiver, the Assuming Institution agrees to service, administer, and collect such pool assets in accordance with and for the term set forth in Exhibit 4.13 "Interim Asset Servicing Arrangement".

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!