Right to Finance. Lessee shall have the right to encumber Lessee’s leasehold estate created hereby, including all of Lessee's right, title and interest in and to any Improvements at any time located on or partially on the Leased Premises and if applicable, Lessee’s permit to use the Project Area, to secure loans and other indebtedness of Lessee, including construction and repair of Improvements. Any such indebtedness or obligation and any such mortgage, deed of trust or security agreement securing same shall be for such amount and on such other terms and conditions as Lessee may agree to in its sole discretion; provided that any such mortgage, deed of trust or security agreement shall at all times be subject to the terms and provisions of this Lease and the rights, titles and interests of Lessor arising by virtue of this Lease. In no event will Lessor be required to “subordinate” Lessor's fee simple estate in the Leased Premises for financing obtained by Lessee under this section 13.1, i.e., Lessor will not be obligated to execute any deed of trust securing any indebtedness of Lessee, or otherwise encumber its fee interest in the Leased Premises, with any lien or other encumbrance whatsoever.
Right to Finance. Tenant shall have the right to obtain leasehold or other financing to finance any improvements, fixtures, equipment, or inventory at the Property that are owned by the Tenant (collectively, “Tenant Collateral”). In connection with such financing, Landlord shall, and shall cause its fee mortgagee to execute an agreement, the terms of which shall be reasonably acceptable to Landlord, pursuant to which Landlord and Landlord’s lender agree to subordinate or waive any and all security and lien rights in the Tenant Collateral and grant Tenant’s lender the right to access the Property to inspect, remove, protect, or otherwise exercise its rights with respect to the Tenant Collateral.
Right to Finance. 41 19.2 Priority......................................................... 41 19.3
Right to Finance. Landlord shall have the right, at any time, and from time to time, to subject its interest in any of the Hotels to one or more Mortgages without Tenant's consent. Landlord also acknowledges that, concurrently with the Commencement Date, Tenant's interests under this Lease shall be collaterally assigned to Tenant's Mortgagee and that Tenant from time to time may secure additional financings and/or refinancings with all or some portion of its interests hereunder. Landlord agrees to cooperate with Tenant with respect to any such financings; provided, however, that Landlord shall have no obligation to amend the terms of this Lease, expend any sums in connection therewith, or subordinate or waive any of its rights hereunder.
Right to Finance. In addition to the remedies under (a) through (c) above, the Contributing Member shall have the right to obtain a loan secured by the Project in an amount not greater than the sum of (i) the unfunded Project Costs, (ii) the Additional Capital required of the Non-Contributing Member, (iii) an adequate interest reserve to pay interest accruing on said amounts, and (iv) the fees and costs associated with obtaining any such financing. In no event may any such loan be recourse to the Non-Contributing Member.
Right to Finance. Before finalization of any and all aircraft purchase and financing agreements, Contractor will advise United of expected, estimated ownership costs for aircraft covered under proposed aircraft purchase and financing agreements. Should United be able to secure financing such that the ownership cost to United (excluding Markup) be less than the [*] of the estimated costs (excluding markup) provided by Contractor, United reserves the right to finance those aircraft to be covered by the Contractor’s proposed aircraft purchase and financing agreements. In the event United exercises such right, (i) it shall provide written notice to Contractor within [*] after receipt of notice from Contractor of the proposed aircraft purchase and financing agreements, and (ii) for each such aircraft it shall make a [*] monthly payment to Contractor in lieu of any Markup on the ownership cost of such aircraft.
Right to Finance. The Company and its subtenants may from time to time and at any time encumber by one or more mortgages, deeds of trust, security agreements, or other instruments in the nature thereof (each, a “"Mortgage”"; a Mortgage granted by the Company being a “"Company Mortgage”"), as security for loans, indebtedness, or obligations (each, a Debt; a Debt of the Company being a “"Company Debt”)"), all of its interests in the Entertainment Center, including, without limitation, its leasehold or sub-leasehold interest, as applicable, in the Entertainment Center. Any such Debt and Mortgage may be for such amount and on such other terms as the Company may approve. Neither the Company nor any of its subtenants (each a "Subtenant") have the right to grant any Mortgage that encumbers the City’'s fee interest in the Entertainment Center or any portion thereof, and any such Mortgage that purports to do so will be invalid. Notwithstanding the foregoing, nothing in this Lease shall be deemed to have granted any rights other than those set forth in this Section 13(a) to any holder of any Mortgage other than the rights expressly granted herein to the holder of a Company Mortgage.
Right to Finance. Tenant shall from time to time and at any time have the right to encumber by one or more mortgages, deeds of trust, security agreements, or other instruments in the nature thereof (in each case, individually and collectively, “Leasehold Mortgage”), as security for one or more loans, indebtednesses or obligations, Tenant’s right to use and occupy the Premises (but not Landlord’s fee interest in the Land), the Leasehold Estate created hereby, all of Tenant’s right, title and interest in and to any improvements at any time located on or partially on the Premises, and any other property so affixed to said land, buildings or improvements as to be a part thereof. Any such indebtedness or obligation and any such Leasehold Mortgage shall be for such amount and on such other terms and conditions as Tenant may agree to in its sole discretion; provided that any such Leasehold Mortgage shall at all times be subject and subordinate to the terms and provisions of this Lease and the rights, titles and interests of Landlord whether arising by virtue of this Lease or otherwise. IN NO EVENT WILL LANDLORD BE REQUIRED TO “SUBORDINATE” LANDLORD’S FEE SIMPLE ESTATE IN THE PREMISES FOR FINANCING OBTAINED BY TENANT UNDER THIS SECTION 15.1, OR OTHERWISE ENCUMBER ITS FEE INTEREST IN THE PREMISES, WITH ANY LIEN OR OTHER ENCUMBRANCE WHATSOEVER AND IN NO EVENT WILL TENANT HAVE ANY RIGHT TO PLACE OR CAUSE ANY LIEN TO ATTACH TO OR COVER LANDLORD’S FEE INTEREST IN THE LAND OR THE PREMISES. There shall be no limitation to the granting of a Leasehold Mortgage by Tenant, the foreclosure (or transfer in lieu of foreclosure) of same by such Leasehold Mortgagee or its designee, but any subsequent Transfer after foreclosure (or Transfer in lieu thereof) by such Leasehold Mortgagee or its designee shall be subject to the terms and provisions set forth in Section 11.2 of this Lease.
Right to Finance. LESSEE shall have the right to mortgage, create a security interest in or collaterally assign this Lease to secure indebtedness and other obligations in favor of its lenders without the consent of the STATION, provided that no such mortgage, security interest or collateral assignment shall affect the fee or the estate of the STATION in and to any of the Premises. If the holder of such mortgage, security interest or collateral assignment shall give STATION, before any default shall have occurred in this Lease, written notice containing the name and address of such lender, thereafter upon its delivery of notice of such default to LESSEE, STATION shall simultaneously deliver a copy of such notice to the name and address contained in the aforesaid written notice of any lender, and any such lender shall have a period of Twenty (20) days from the receipt of such notice from STATION in which it may cure such default, or if such default is of a nature that, in the exercise of reasonable diligence, it cannot be cured within such 20 day period, the lender shall have such additional time as may be necessary under the circumstances within which to sure such default. A copy of such notice of default shall, in each instance, be deemed duly given to any such lender Five (5) days after being deposited in the United States mail, postage prepaid, and addressed to such lender at the address last furnished to STATION. STATION will accept performance by any such lender of any term of this Lease required to be performed by LESSEE, with the same force and effect as though performed by LESSEE. If, by reason of any default of LESSEE, this Lease, or any extension thereof, shall be terminated at the election of STATION prior to the stated expiration therefor, STATION will enter into a new lease with any lender who has given notice as set forth above for the rent and upon the other terms and conditions set forth in this Lease.
Right to Finance. Landlord shall have the right, at any time, and from time to time, to subject its interest in the Premises to one or more Mortgages without Tenant's consent.
