Common use of Right of Possession Clause in Contracts

Right of Possession. Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Leasehold Mortgagee may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Property relating thereto. Leasehold Mortgagee may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Leasehold Mortgagor or such owner, or in its own name Leasehold Mortgagee may hold, operate, manage, and control all or any part of the Property, either personally or by its agents. Leasehold Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold Mortgagor.

Right of Possession. Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of When an Event of Default has occurred and during is continuing or when the continuance thereofObligations shall otherwise become due, Leasehold whether by maturity, acceleration or otherwise, Mortgagor shall, immediately forthwith upon Leasehold demand of Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of of, the Property Premises or any part thereof, personally or personally, by its agent or attorneys. Leasehold Mortgagee attorneys or have a receiver placed in possession pursuant to court order, and Mortgagee, in its discretion, personally, by its agents or attorneys or the receiver, if any, may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the PropertyPremises, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Property relating thereto. Leasehold Mortgagee Mortgagor, and may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent thereof wholly therefrom and may, on behalf of Leasehold Mortgagor or such ownerMortgagor, or in its own name Leasehold as Mortgagee may and under the powers herein granted take any and all actions in connection with the operation, maintenance, management and use of the Premises including, without limitation, to: (a) hold, operate, manage, and control all or any part of the PropertyPremises and conduct the business thereof, either personally or by its agents. Leasehold Mortgagee shall have if any, with full power to use such measures, legal or equitable, as it in its discretion may deem be deemed proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the PropertyReceipts, including without limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold Mortgagor; (b) cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Mortgagor to cancel the same; (c) elect to disaffirm any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage in violation of the terms of the Loan Agreement; (d) extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for terms to expire, or for options to lessees to extend or renew terms to expire, beyond the Maturity Date, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon Mortgagor, all persons whose interests in the Premises are subject to the consolidated lien of the Existing Mortgages, as amended and restated by this Mortgage, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption, reinstatement, discharge of the Obligations, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; (e) make all necessary or proper repairs, decoration renewals, replacements, alterations, additions, betterments, and improvements in connection with the Premises as may seem judicious to Mortgagee in its sole discretion, insure and reinsure the Premises and all risks incidental to Mortgagee's possession, operation, and management thereof, and receive all Receipts; (f) cancel or modify any management agreement affecting the Premises; (g) cancel or modify or replace any agreement affecting the Premises with any Affiliate of Mortgagor; (h) enter into any management, leasing or brokerage agreements covering the Premises in accordance with the terms of the Loan Agreement and the other Loan Documents; or (i) after allowing a fee for the collection thereof (including lease commissions and other compensation and expenses of seeking and procuring tenants and entering into Leases) and for the management of the Premises, apply the net income to the payment of Taxes, insurance premiums, costs of the matters described in clause (e) above, costs of operating and maintaining the Premises and other charges applicable to the Premises, or in reduction of the Obligations in such order and manner as Mortgagee shall in its sole discretion select. Nothing herein contained shall be construed as constituting Mortgagee a "mortgagee-in-possession" in the absence of the actual taking of possession of the Premises. Mortgagor shall and does hereby agree to indemnify and hold harmless Mortgagee of and from any and all liability, loss or damage which it may or might incur by reason of its performance of any action authorized under this Section 21 (other than liability, loss or damage caused by the gross negligence or willful misconduct of Mortgagee) and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements of Mortgagor. Should Mortgagee incur any such liability, loss or damage by its performance or nonperformance of actions authorized by this Section 21, or in the defense of any such claims or demands, the amount thereof, including costs, expenses and attorneys' fees and disbursements, together with interest on any such amount at the Default Rate, shall be Obligations and Mortgagor shall reimburse Mortgagee therefor immediately upon demand.

Right of Possession. Subject to the rights of Landlord In any case in which, under the Property Lease provisions of this Mortgage or the other Loan Documents, Lender has a right to institute foreclosure proceedings, whether or not the entire principal sum secured hereby becomes immediately due and payable as aforesaid, or whether before or after the Agreement Regarding Leaseinstitution of proceedings to foreclose the lien hereof or before or after sale thereunder, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately forthwith upon Leasehold Mortgagee’s demanddemand of Lender, surrender to Leasehold MortgageeLender, and Leasehold Mortgagee Lender shall be entitled to take actual possession of of, the Mortgaged Property or any part thereof, personally or by its agent or attorneys. Leasehold Mortgagee , and Lender, in its discretion, may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Mortgaged Property, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Mortgaged Property relating thereto. Leasehold Mortgagee , and may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As thereof wholly therefrom and may, as attorney-in-fact or agent of Leasehold Mortgagor or such owner, or in its own name Leasehold Mortgagee may as Lender and under the powers herein granted: (a) hold, operate, manage, and control all or any part of the PropertyMortgaged Property and conduct the business, if any, thereof, either personally or by its agents. Leasehold Mortgagee shall have , with full power to use such measures, legal or equitable, as it in its discretion may deem be deemed proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Mortgaged Property, including without limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold any Mortgagor; (b) cancel or terminate any lease or sublease of all or any part of the Mortgaged Property for any cause or on any ground that would entitle Mortgagor to cancel the same; (c) elect to disaffirm any lease or sublease of all or any part of the Mortgaged Property made subsequent to this Mortgage or subordinated to the lien hereof; (d) extend or modify any then existing leases and make new leases of all or any part of the Mortgaged Property, which extensions, modifications, and new leases may provide for terms to expire, or for options to lessees to extend or renew terms to expire, beyond the maturity date of the loan evidenced by the Note and the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such leases, and the options or other such provisions to be contained therein, shall be binding upon Mortgagor, all persons whose interests in the Mortgaged Property are subject to the lien hereof, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge of the indebtedness secured hereby, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; and (e) make all necessary or proper repairs, decoration, renewals, replacements, alterations, additions, betterments, and improvements in connection with the Mortgaged Property as may seem judicious to Lender, to insure and reinsure the Mortgaged Property and all risks incidental to Lender’s possession, operation, and management thereof, and to receive all rents, issues, deposits, profits, and avails therefrom.

Right of Possession. Subject In any case in which, under the provisions of this Mortgage, Lender has a right to institute foreclosure proceedings, whether or not the entire principal sum secured hereby becomes immediately due and payable as aforesaid, or whether before or after the institution of proceedings to foreclose the lien hereof or before or after sale thereunder, Borrower shall, forthwith upon demand of Lender, surrender to Lender, and Lender shall be entitled, subject to the rights of Landlord under the Property Lease Ground Lessee and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided Qualified Sublessees (as such term is defined in the Property Lease or in the Agreement Regarding Ground Lease) which have been recognized by Lender, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of of, the Mortgaged Property or any part thereof, personally or by its agent or attorneys. Leasehold Mortgagee , and Lender, in its discretion, may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Mortgaged Property, together with all documents, books, records, papers, papers and accounts of Leasehold Mortgagor Borrower or the then owner of the Mortgaged Property relating thereto. Leasehold Mortgagee , and may exclude Leasehold MortgagorBorrower, such owner, owner and any agents and servants from the Property. As thereof wholly therefrom and may, as attorney-in-fact or agent of Leasehold Mortgagor Borrower or such owner, or in its own name Leasehold Mortgagee may as Lender and under the powers herein granted: (a) hold, operate, manage, manage and control all or any part of the PropertyMortgaged Property and conduct the business, if any, thereof, either personally or by its agents. Leasehold Mortgagee shall have , with full power to use such measures, whether legal or equitable, as it in its discretion may deem be deemed proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, profits and avails of the Mortgaged Property, including including, without limitation, actions for recovery of rent, and actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold MortgagorBorrower; (b) cancel or terminate any lease or sublease of all or any part of the Mortgaged Property for any cause or on any ground that would entitle Borrower to cancel the same; (c) elect to disaffirm any lease or sublease of all or any part of the Mortgaged Property made subsequent to this Mortgage or subordinated to the lien hereof; (d) extend or modify any then existing leases and make new leases of all or any part of the Mortgaged Property, which extensions, modifications and new leases may provide for terms to expire, or for options to lessees to extend or renew terms to expire, beyond the maturity date of the Loan and the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such leases, and the options or other such provisions to be contained therein, shall be binding upon Borrower, all persons whose interests in the Mortgaged Property are subject to the lien hereof and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge of the indebtedness secured hereby, satisfaction of any foreclosure judgment or issuance of any certificate of sale or deed to any such purchaser; and (e) make all necessary or proper repairs, decorations, renewals, replacements, alterations, additions, betterments and improvements in connection with the Mortgaged Property as may seem judicious to Lender, to insure and reinsure the Mortgaged Property and all risks incidental to Lender's possession, operation and management thereof, and to receive all rents, issues, deposits, profits and avails therefrom. Nothing herein contained shall be construed as constituting Lender as mortgagee in possession in the absence of the actual taking of possession of the Premises.

Right of Possession. Subject In any case in which Mortgagee has a right to institute foreclosure proceedings (whether or not the rights entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of Landlord under foreclosure proceedings or whether before or after judgment thereunder and at all times until the Property Lease and expiration of any redemption period for the Agreement Regarding Leaseforeclosure of this Mortgage, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Leaseif any), following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s 's demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Leasehold Mortgagee may enter upon and take and maintain possession or may apply to the court in which court, and shall be entitled to receive, appointment of a foreclosure is pending to be placed in possession receiver of all or any part of the Property, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Property relating thereto, and Mortgagor hereby consents to such appointment. Leasehold To the extent permitted by law, Mortgagee may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Leasehold Mortgagor or such owner, or in its own name Leasehold name, Mortgagee may hold, operate, manage, and control all or any part of the PropertyProperty and conduct the business thereof, either personally or by its agents. Leasehold Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold Mortgagor.

Right of Possession. Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of an Event of Default and during the continuance thereof, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Leasehold Mortgagee may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Property relating thereto. Leasehold Mortgagee may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As attorney-attorney- in-fact or agent of Leasehold Mortgagor or such owner, or in its own name Leasehold Mortgagee may hold, operate, manage, and control all or any part of the Property, either personally or by its agents. Leasehold Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold Mortgagor.

Right of Possession. Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following the occurrence of When an Event of Default has occurred and during is continuing or when the continuance thereofObligations shall otherwise become due, Leasehold Mortgagor shall, immediately forthwith upon Leasehold demand of Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee shall be entitled to take actual possession of of, the Property Premises or any part thereof, personally or personally, by its agent or attorneys. Leasehold Mortgagee attorneys or have a receiver placed in possession pursuant to court order, and Mortgagee, in its discretion, personally, by its agents or attorneys or the receiver, if any, may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the PropertyPremises, together with all documents, books, records, papers, and accounts of Leasehold Mortgagor or the then owner of the Property relating thereto. Leasehold Mortgagee Mortgagor, and may exclude Leasehold Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent thereof wholly therefrom and may, on behalf of Leasehold Mortgagor or such ownerMortgagor, or in its own name Leasehold as Mortgagee may and under the powers herein granted take any and all actions in connection with the operation, maintenance, management and use of the Premises including, without limitation: (a) hold, operate, manage, and control all or any part of the PropertyPremises and conduct the business thereof, either personally or by its agents. Leasehold Mortgagee shall have if any, with full power to use such measures, legal or equitable, as it in its discretion may deem be deemed proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the PropertyReceipts, including without limitation actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Leasehold Mortgagor; (b) cancel or terminate any Lease or sublease of all or any part of the Premises for any cause or on any ground that would entitle Mortgagor to cancel the same; (c) elect to disaffirm any Lease or sublease of all or any part of the Premises made subsequent to this Mortgage in violation of the terms of the Purchase Agreement; (d) extend or modify any then existing Leases and make new Leases of all or any part of the Premises, which extensions, modifications, and new Leases may provide for terms to expire, or for options to lessees to extend or renew terms to expire, beyond the Maturity Date, it being understood and agreed that any such Leases, and the options or other such provisions to be contained therein, shall be binding upon Mortgagor, all Persons whose interests in the Premises are subject to the lien hereof, and the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption, reinstatement, discharge of the Obligations, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any such purchaser; (e) make all necessary or proper repairs, decoration, renewals, replacements, alterations, additions, betterments, and improvements in connection with the Premises as may seem judicious to Mortgagee, insure and reinsure the Premises and all risks incidental to Mortgagee's possession, operation, and management thereof, and receive all Receipts; (f) enter into any management, leasing or brokerage agreements covering the Premises in accordance with the terms of the Purchase Agreement and the other Debt Documents; and/or (g) after allowing a fee for the collection thereof (including lease commissions and other compensation and expenses of seeking and procuring tenants and entering into Leases) and for the management of the Premises, apply the net income to the payment of Taxes, insurance premiums, costs described in clause (e) above, costs of operating and maintaining the Premises and other charges applicable to the Premises, or in reduction of the Obligations in such order and manner as Mortgagee shall select. Nothing herein contained shall be construed as constituting Mortgagee a mortgagee in possession in the absence of the actual taking of possession of the Premises. Mortgagor shall and does hereby agree to indemnify and hold harmless Mortgagee of and from any and all liability, actual loss or damage which it may or might incur by reason of its performance of any action authorized under this Section 18 (other than liability, loss or damage caused by the gross negligence or willful misconduct of Mortgagee or its employees, officers, representatives, contractors or agents, provided that the same are acting in their capacity as such) and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligations or undertakings on its part to perform or discharge any of the terms, covenants or agreements of Mortgagor. Should Mortgagee incur any such liability, actual loss or damage by its performance or nonperformance of actions authorized by this Section 18, or in the defense of any such claims or demands, the amount thereof, including reasonable costs, expenses and attorneys' fees shall be Obligations and Mortgagor shall reimburse Mortgagee therefor immediately upon demand.

Right of Possession. Subject to the rights of Landlord under the Property Lease and the Agreement Regarding Lease, the terms and conditions of the Property Lease and the Agreement Regarding Lease and except to the extent otherwise provided in the Property Lease or in the Agreement Regarding Lease, following Upon the occurrence of an Event of Default and during to the continuance thereofextent permitted by law, Leasehold Mortgagor shall, immediately upon Leasehold Mortgagee’s demand, surrender to Leasehold Mortgagee, and Leasehold Mortgagee at its option, shall be entitled to take actual possession of have the Property or any part thereofright, personally or by its agent agents or attorneys. Leasehold Mortgagee may , to enter upon and to take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part portion of the Property, together with Premises and to take and maintain possession of all documents, books, records, papers, papers and accounts of Leasehold Mortgagor or the then owner manager of the Property Premises relating thereto. Leasehold Mortgagee thereto and may exclude Leasehold Mortgagor, such ownerits agents or servants, wholly therefrom and any may, personally or by its agents and servants from the Property. As attorney-in-fact or attorneys as agent of Leasehold Mortgagor or such owner, or in its own name Leasehold as Mortgagee may holdand under the powers herein granted possess, operate, manage, manage and control all or the Premises and conduct any part of the Property, either personally or by its agents. Leasehold Mortgagee shall have business thereon with full power to use collect all rents, issues and profits from the Premises, take such measuresaction, legal or equitable, as it may deem proper may, in its discretion, be necessary or necessary desirable to protect or enforce the payment or security of the rents, issues, deposits, profits, issues and avails of profits from the PropertyPremises, including instituting actions for recovery of rent, actions in forcible detainer, detainer and actions in distress for rent, cancel or terminate any tenancy, lease or sublease for any cause or reason which would entitle Mortgagor to cancel such tenancy, lease or sublease, elect to disaffirm any tenancy, lease or sublease made subsequent to this Mortgage or subordinated to the lien of this Mortgage, extend or modify any then existing lease or tenancy and make new leases, which extensions, modifications and new leases may provide for terms or options for terms to expire beyond the maturity date of the indebtedness secured by this Mortgage, it being understood and agreed that any such leases and the options and other provisions contained therein shall be binding upon Mortgagor, upon all without notice persons whose interests in the Premises are subject to Leasehold Mortgagorthe lien of this Mortgage and upon any purchaser or purchasers at any foreclosure sale notwithstanding any redemption from sale, discharge of the indebtedness secured by this Mortgage, satisfaction of any foreclosure decree or issuance of any certificate of sale or deed to any purchaser or purchasers at any foreclosure sale, make all repairs, decorations, renewals, replacements, alterations, additions and improvements to the Premises as Mortgagee may deem necessary or desirable, insure and reinsure the Premises and all risks incident to the possession, operation, management and control of the Premises by Mortgagee and take such other action for the possession, operation, management and control of the Premises as Mortgagee may deem necessary or appropriate.