Common use of REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OPERATING LEASE Clause in Contracts

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OPERATING LEASE. (a) The Operating Lease shall not be amended or modified or terminated without the prior written approval of Beneficiary; provided however, that Trustor and Operating Lessee may without Beneficiary’s approval agree to non-material modifications or amendments to the Operating Lease which do not materially alter the obligations of Trustor as Operating Table of Contents Lessor, grant Operating Lessee any rights or powers with respect to the Property that are inconsistent with the rights and obligations of Trustor under the Loan Documents, or grant or confer upon any third party any of the rights, benefits or obligations under the Operating Lease, including without limitation any right to receive any of the income, revenue or profits of the Property. Notwithstanding the foregoing, Trustor and Operating Lessee may enter into rent schedule amendments and corresponding amendments to the text of the Operating Lease (e.g., lease term, dates, amounts, etc.) to the Operating Lease to the extent necessary to comply with REIT tax rules provided that Beneficiary is provided with a copy of all such amendments.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)

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REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OPERATING LEASE. (a) The Operating Lease shall not be amended or modified or terminated without the prior written approval of BeneficiaryLender; provided however, that Trustor Affiliated Guarantor and Operating Lessee may without BeneficiaryLender’s approval agree to non-material modifications or amendments to the Operating Lease which do not materially alter the obligations of Trustor Affiliated Guarantor as Operating Table of Contents Lessor, grant Operating Lessee any rights or powers with respect to the Property that are inconsistent with the rights and obligations of Trustor Affiliated Guarantor under the Loan Security Documents, or grant or confer upon any third party any of the rights, benefits or obligations under the Operating Lease, including without limitation any right to receive any of the income, revenue or profits of the Property. Notwithstanding the foregoing, Trustor Affiliated Guarantor and Operating Lessee may enter into rent schedule amendments and corresponding amendments to the text of the Operating Lease (e.g., lease term, dates, amounts, etc.) to the Operating Lease to the extent necessary to comply with REIT tax rules provided that Beneficiary Lender is provided with a copy of all such amendments.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OPERATING LEASE. (a) The Operating Lease shall not be amended or modified or terminated without the prior written approval of Beneficiary; provided however, that Trustor Affiliated Guarantor and Operating Lessee may without Beneficiary’s approval agree to non-material modifications or amendments to the Operating Lease which do not materially alter the obligations of Trustor Affiliated Guarantor as Operating Table of Contents Lessor, grant Operating Lessee any rights or powers with respect to the Property that are inconsistent with the rights and obligations of Trustor Affiliated Guarantor under the Loan Security Documents, or grant or confer upon any third party any of the rights, benefits or obligations under the Operating Lease, including without limitation any right to receive any of the income, revenue or profits of the Property. Notwithstanding the foregoing, Trustor Affiliated Guarantor and Operating Lessee may enter into rent schedule amendments and corresponding amendments to the text of the Operating Lease (e.g., lease term, dates, amounts, etc.) to the Operating Lease to the extent necessary to comply with REIT tax rules provided that Beneficiary is provided with a copy of all such amendments.

Appears in 1 contract

Samples: Management Agreement (Strategic Hotels & Resorts, Inc)

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REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OPERATING LEASE. (a) The Operating Lease shall not be amended or modified or terminated without the prior written approval of BeneficiaryLender; provided however, that Trustor Borrower and Operating Lessee may without BeneficiaryLender’s approval agree to non-material modifications or amendments to the Operating Lease which do not materially alter the obligations of Trustor Borrower as Operating Table of Contents Lessor, grant Operating Lessee any rights or powers with respect to the Property that are inconsistent with the rights and obligations of Trustor Borrower under the Loan Documents, or grant or confer upon any third party any of the rights, benefits or obligations under the Operating Lease, including without limitation any right to receive any of the income, revenue or profits of the Property. Notwithstanding the foregoing, Trustor Borrower and Operating Lessee may enter into rent schedule amendments and corresponding amendments to the text of the Operating Lease (e.g., lease term, dates, amounts, etc.) to the Operating Lease to the extent necessary to comply with REIT tax rules provided that Beneficiary Lender is provided with a copy of all such amendments.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)

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