Common use of Right to Mortgage Leasehold Interest Clause in Contracts

Right to Mortgage Leasehold Interest. Notwithstanding any language to the contrary in this Article Nine, Tenant and any Tenant Affiliate, shall have the right, from time to time, with Landlord’s prior written consent or approval, which shall not be unreasonably withheld, to mortgage and encumber Tenant’s interest in this Lease and its leasehold interest in the Property. Any such leasehold mortgage is herein referred to as a “Leasehold Mortgage” or “permitted Leasehold Mortgage” As used in this Section and throughout this Lease, the noun “mortgage” shall include a deed of trust or other security instrument (whether in the nature of a security agreement, assignment, collateral assignment or otherwise); the verb “mortgage” shall include the granting or creation of a deed of trust or other such security instrument; the word “mortgagee” shall include the beneficiary under a deed of trust or other such secured party or assignee; and the phrase “Leasehold Mortgagee” or “permitted Leasehold Mortgagee” shall mean a mortgagee of or with respect to a Leasehold Mortgage.

Appears in 3 contracts

Samples: And Attornment Agreement (Switch, Inc.), Non Disturbance and Attornment Agreement (Switch, Inc.), Nondisturbance and Attornment Agreement (Switch, Inc.)

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Right to Mortgage Leasehold Interest. Notwithstanding any language to the contrary in this Article Nine, Tenant and any Tenant Affiliate, shall have the right, from time to time, with LandlordXxxxxxxx’s prior written consent or approval, which shall not be unreasonably withheld, to mortgage and encumber Tenant’s interest in this Lease and its leasehold interest in the Property. Any such leasehold mortgage is herein referred to as a “Leasehold Mortgage” or “permitted Leasehold Mortgage” As used in this Section and throughout this Lease, the noun “mortgage” shall include a deed of trust or other security instrument (whether in the nature of a security agreement, assignment, collateral assignment or otherwise); the verb “mortgage” shall include the granting or creation of a deed of trust or other such security instrument; the word “mortgagee” shall include the beneficiary under a deed of trust or other such secured party or assignee; and the phrase “Leasehold Mortgagee” or “permitted Leasehold Mortgagee” shall mean a mortgagee of or with respect to a Leasehold Mortgage.

Appears in 1 contract

Samples: Attornment Agreement (Switch, Inc.)

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Right to Mortgage Leasehold Interest. Notwithstanding any language to the contrary in this Article Nine, Tenant and any Tenant Affiliate, shall have the right, from time to time, with without Landlord’s 's prior written consent or approval, which shall not be unreasonably withheld, to mortgage and encumber Tenant’s 's interest in this Lease and its leasehold interest in the Property. Any such leasehold mortgage is herein referred to as a "Leasehold Mortgage" or "permitted Leasehold Mortgage" As used in this Section and throughout this Lease, the noun "mortgage" shall include a deed of trust or other security instrument (whether in the nature of a security agreement, assignment, collateral assignment or otherwise); the verb "mortgage" shall include the granting or creation of a deed of trust or other such security instrument; the word "mortgagee" shall include the beneficiary under a deed of trust or other such secured party or assignee; and the phrase "Leasehold Mortgagee" or "permitted Leasehold Mortgagee" shall mean a mortgagee of or with respect to a Leasehold Mortgage.

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

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