Common use of Rights of Leasehold Mortgagee Clause in Contracts

Rights of Leasehold Mortgagee. A. Lessee may, without Lessor's consent, mortgage, pledge, grant deeds of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title and interest of Lessee hereunder, and assign, hypothecate or pledge the same, as security for the payment of any debt to any holder or beneficiary of a deed of trust or mortgage securing the payment of indebtedness to Leasehold Mortgagee; provided, that no mortgagee, trustee, or other person claiming by, through or under any instrument creating any such encumbrance shall by virtue thereof acquire any greater right in the Leased Premises than Lessee then had under this Lease, except for the right expressly granted to such mortgagee, trustee or other person under the terms of this Lease; and provided further, that such mortgage, deed of trust or other instrument of encumbrance, and the indebtedness secured thereby, shall at all times be and remain subject to all of the conditions, covenants and obligations of this Lease and to all of the rights of Lessor hereunder. As to any such Leasehold Mortgage Lessor consents to provisions therein, at the option of Lessee, (a) for an assignment of Lessee's share of the net proceeds from any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (c) that a default by Lessee under this Lease shall constitute a default under any such leasehold mortgage, (d) for an assignment of Lessee's right, if any, to terminate, cancel, modify, change, supplement, alter or amend this Lease, (e) for an assignment of any sublease to which any such leasehold mortgage is subordinated, subject to the rights of Lessor hereunder, and (f) effective upon any default in any such leasehold mortgage, (i) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or a sale by any subsequent purchaser, (ii) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iii) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased Premises, to manage and operate the same, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor hereunder), and to cure any default under the Leasehold Mortgage or any default by Lessee under this Lease, and (iv) for an assignment of Lessee's right, title and interest in and to the premiums for or dividends upon any insurance required by the terms of this Lease, as well as in all refunds or rebates of taxes or assessments upon or other charges against the Leased Premises, whether paid or to be paid.

Rights of Leasehold Mortgagee. A. Lessee may(a) In addition to the financing or refinancing permitted pursuant to Sections 11.2 hereof, Tenant shall have the right at any time and from time to time, without Lessor's Landlord’s consent, to mortgage, pledge, grant deeds deed(s) of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title title, and interest of Lessee hereunderTenant hereunder (sometimes herein called a “Leasehold Mortgage”), and to assign, hypothecate hypothecate, or pledge the same, as security for the payment of any debt to any holder or beneficiary of a deed of trust or mortgage securing the payment of indebtedness to Leasehold Mortgagee; provided, provided that no mortgageeLeasehold Mortgagee, trustee, or other person Person claiming by, through through, or under any instrument creating any such encumbrance on the leasehold estate created hereby shall by virtue thereof acquire any greater right in the Leased Premises Air Space Parcel than Lessee Tenant then had under this Lease, except for the right rights expressly granted to such mortgageeLeasehold Mortgagee, trustee trustee, or other person Person under the terms of this Lease; and provided provided, further, that such mortgage, deed of trust or other instrument of encumbranceLeasehold Mortgage, and the indebtedness secured thereby, shall at all times be and remain subject to all of the conditions, covenants covenants, and obligations of this Lease and to all of the rights of Lessor Landlord hereunder. As to any such Leasehold Mortgage Lessor in favor of a Leasehold Mortgagee, Landlord consents to provisions therein, at the option of LesseeTenant, (ai) for an assignment of Lessee's Tenant’s share of the net proceeds from any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X VIII of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (cii) that a default by Lessee Tenant under this Lease shall constitute a default under any such leasehold mortgageLeasehold Mortgage, (diii) for an assignment of Lessee's Tenant’s right, if any, to terminate, cancel, modify, change, supplement, alter alter, or amend this Lease, (eiv) for an assignment of any sublease to which any such leasehold mortgage Leasehold Mortgage is subordinated, subject to the rights of Lessor Landlord hereunder, and (fv) effective upon any default in any such leasehold mortgageLeasehold Mortgage, (iA) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale or by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or and/or a sale by any subsequent purchaser, (iiB) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iiiC) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased PremisesAir Space Parcel and Tenant’s Facility, to manage and operate the same, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor Landlord hereunder), and to cure any default under the Leasehold Mortgage or any default by Lessee Tenant under this Lease, and (ivD) for an assignment of Lessee's Tenant’s right, title title, and interest in and to the premiums for or dividends upon any insurance required by the terms of this Leasewith respect to Tenant’s Facility, as well as in all refunds or rebates of taxes Real Estate Taxes or assessments upon or other charges against the Leased PremisesAir Space Parcel and Tenant’s Facility, whether paid or to be paid.

Rights of Leasehold Mortgagee. A. Lessee may(a) In addition to the financing or refinancing permitted pursuant to Section 11.2 hereof, Tenant shall have the right at any time and from time to time, without Lessor's Landlord’s consent, to mortgage, pledge, grant deeds deed(s) of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title title, and interest of Lessee Tenant hereunder, and to assign, hypothecate hypothecate, or pledge the same, as security for the payment of any debt to any holder or beneficiary of a deed of trust or mortgage securing the payment of indebtedness to Leasehold Mortgagee; provided, provided that no mortgageeLeasehold Mortgagee, trustee, or other person Person claiming by, through or under any instrument creating any such encumbrance on the leasehold estate created hereby shall by virtue thereof acquire any greater right in the Leased Premises than Lessee Tenant then had under this Lease, except for the right rights expressly granted to such mortgageeLeasehold Mortgagee, trustee trustee, or other person Person under the terms of this Lease; and provided provided, further, that such mortgage, deed of trust or other instrument of encumbranceLeasehold Mortgage, and the indebtedness secured thereby, shall at all times be and remain subject to all of the conditions, covenants covenants, and obligations of this Lease and to all of the rights of Lessor Landlord hereunder. As to any such Leasehold Mortgage Lessor in favor of a Leasehold Mortgagee, Landlord consents to provisions therein, at the option of LesseeTenant, (ai) for an assignment of Lessee's Tenant’s share of the net proceeds from any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X VIII of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (cii) that a default by Lessee Tenant under this Lease shall constitute a default under any such leasehold mortgageLeasehold Mortgage, (diii) for an assignment of Lessee's Tenant’s right, if any, to terminate, cancel, modify, change, supplement, alter alter, or amend this Lease, (eiv) for an assignment of any sublease to which any such leasehold mortgage Leasehold Mortgage is subordinated, subject to the rights of Lessor Landlord hereunder, and (fv) effective upon any default in any such leasehold mortgageLeasehold Mortgage, (iA) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale or by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or and/or a sale by any subsequent purchaser, (iiB) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iiiC) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased PremisesPremises and MOB B, to manage and operate the same, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor Landlord hereunder), and to cure any default under the Leasehold Mortgage or any default by Lessee Tenant under this Lease, and (ivD) for an assignment of Lessee's Tenant’s right, title title, and interest in and to the premiums for or dividends upon any insurance required by the terms of this Leasewith respect to Premises, as well as in all refunds or rebates of taxes Impositions or assessments upon or other charges against the Leased PremisesPremises and MOB B, whether paid or to be paid.

Rights of Leasehold Mortgagee. A. Lessee may(i) Without limitation of the provisions of Section 9(b), Tenant may at any time and from time to time, without Lessor's District’s consent, mortgage, pledge, grant deeds deed(s) of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title title, and interest of Lessee hereunder, and assign, hypothecate or pledge the same, as security for the payment of any debt to any holder or beneficiary of Tenant hereunder by a deed of trust or mortgage securing the payment of indebtedness to Leasehold MortgageeMortgage; provided, provided that no mortgagee, trustee, Leasehold Mortgagee or other person Person claiming by, through through, or under any instrument creating any such encumbrance Leasehold Mortgage shall by virtue thereof acquire any greater right in the Leased Premises Project Area than Lessee Tenant then had under this Lease, except for the right rights expressly granted to such mortgagee, trustee Leasehold Mortgagee or other person Person under the terms of this LeaseLease or any other written agreement executed by District; and provided provided, further, that such mortgage, deed of trust or other instrument of encumbrance, and the indebtedness secured thereby, Leasehold Mortgage shall at all times be and remain subject to all of the conditions, covenants covenants, and obligations of this Lease and to all of the rights of Lessor District hereunder. As to any such Leasehold Mortgage Lessor in favor of a Leasehold Mortgagee, District consents to provisions therein, at the option of LesseeTenant, (aA) for an assignment of Lessee's Tenant’s share of the net proceeds from any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X Section 24 of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (c) that a default by Lessee under this Lease shall constitute a default under any such leasehold mortgage, (dB) for an assignment of Lessee's Tenant’s right, if any, to terminate, cancel, modify, change, supplement, alter alter, or amend this Lease, (eC) for an assignment of any sublease to which any such leasehold mortgage Leasehold Mortgage is subordinated, subject to the rights of Lessor hereunder, and (fD) effective upon any default in any such leasehold mortgageLeasehold Mortgage, (i1) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale or by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or and/or a sale by any subsequent purchaser, (ii2) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iii3) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased PremisesProject Area, to manage and operate the same, subject to the terms of any Sublease, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor hereunder)therefrom, and to cure any default under the Leasehold Mortgage or any default by Lessee Tenant under this Lease, and (iv4) for an assignment of Lessee's Tenant’s right, title title, and interest in and to the premiums for or dividends upon any insurance required by with respect to the terms of this LeaseProject Area, as well as Tenant’s right, title and interest in all refunds or rebates of taxes or assessments Impositions upon or other charges against the Leased PremisesProject Area to which Tenant shall be entitled, whether paid or to be paid.

Rights of Leasehold Mortgagee. A. Lessee may, without Lessor's consent, mortgage, pledge, grant deeds of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title and interest of Lessee hereunder, and assign, hypothecate or pledge the same, as security for the payment of any debt to any holder or beneficiary of a deed of trust or of mortgage securing the payment of indebtedness to Leasehold Mortgagee; provided, that no mortgagee, trustee, or other person claiming by, through or under any instrument creating any such encumbrance shall by virtue thereof acquire any greater right in the Leased Premises than Lessee then had under this Lease, except for the right expressly granted to such mortgagee, trustee or other person under the terms of this Lease; and provided further, that such mortgage, deed of trust or other instrument of encumbrance, and the indebtedness secured thereby, shall at all times be and remain subject to all of the conditions, covenants and obligations of this Lease and to all of the rights of Lessor hereunder. As to any such Leasehold Mortgage Lessor consents to provisions therein, at the option of Lessee, (a) for an assignment of Lessee's share of the net proceeds from form any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X XII of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (c) that a default by Lessee under this Lease shall constitute a default under any such leasehold mortgage, (d) for an assignment of Lessee's right, if any, to terminate, cancel, modify, change, supplement, alter or amend this Lease, (e) for an and assignment of any an sublease to which any such leasehold mortgage is subordinated, subject to the rights of Lessor hereunder, and (f) effective upon any default in any such leasehold mortgage, (i) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or a sale by any subsequent purchaser, (ii) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iii) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased Premises, to manage and operate the same, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor hereunder), and to cure any default under the Leasehold Mortgage or any default by Lessee under this Lease, and (iv) for an assignment of Lessee's right, title and interest in and to the premiums for or dividends upon any insurance required by the terms of this Lease, as well as in all refunds or rebates of taxes or assessments upon or other charges against the Leased Premises, whether paid or to be paid.

Rights of Leasehold Mortgagee. A. Lessee may1. In addition to the financing or refinancing permitted pursuant to Section 11.2 hereof, the Tenant shall have the right at any time and from time to time, without Lessor's the Landlord’s consent, to mortgage, pledge, grant deeds deed(s) of trust, or otherwise encumber the leasehold estate created hereby and all or any portion of the right, title title, and interest of Lessee the Tenant hereunder, and to assign, hypothecate hypothecate, or pledge the same, as security for the payment of any debt to any holder or beneficiary of a deed of trust or mortgage securing the payment of indebtedness to Leasehold Mortgagee; provided, provided that no mortgageeLeasehold Mortgagee, trustee, or other person claiming by, through or under any instrument creating any such encumbrance shall on the leasehold estate created hereby, shall, by virtue thereof acquire any greater right in the Leased Premises than Lessee the Tenant then had under this Lease, except for the right rights expressly granted to such mortgageeLeasehold Mortgagee, trustee trustee, or other person under the terms of this Lease; and provided provided, further, that such mortgage, deed of trust or other instrument of encumbranceLeasehold Mortgage, and the indebtedness secured thereby, shall at all times be and remain subject to all of the conditions, covenants covenants, and obligations of this Lease and to all of the rights of Lessor the Landlord hereunder. As to any such Leasehold Mortgage Lessor in favor of a Leasehold Mortgagee, the Landlord consents to provisions therein, at the option of Lessee, (a) for an assignment of Lessee's share of the net proceeds from any award or other compensation resulting from a total or partial (other than temporary) taking as set forth in Article X of this Lease, (b) for the entry of any Leasehold Mortgagee upon the Leased Premises during business hours, without notice to Lessor or Lessee, to view the state of the Leased Premises, (c) that a default by Lessee under this Lease shall constitute a default under any such leasehold mortgage, (d) for an assignment of Lessee's right, if any, to terminate, cancel, modify, change, supplement, alter or amend this Lease, (e) for an assignment of any sublease to which any such leasehold mortgage is subordinated, subject to the rights of Lessor hereunder, and (f) effective upon any default in any such leasehold mortgage, (i) for the foreclosure of the Leasehold Mortgage pursuant to a power of sale by judicial proceedings or other lawful means and the subsequent sale of the leasehold estate to the purchaser at the foreclosure sale and a sale by such purchaser or a sale by any subsequent purchaser, (ii) for the appointment of a receiver, irrespective of whether any Leasehold Mortgagee accelerates the maturity of all indebtedness secured by the Leasehold Mortgage, (iii) for the rights of the Leasehold Mortgagee or the receiver to enter and take possession of the Leased Premises, to manage and operate the same, to collect the subrentals, issues and profits therefrom (subject to the rights of Lessor hereunder), and to cure any default under the Leasehold Mortgage or any default by Lessee under this Lease, and (iv) for an assignment of Lessee's right, title and interest in and to the premiums for or dividends upon any insurance required by the terms of this Lease, as well as in all refunds or rebates of taxes or assessments upon or other charges against the Leased Premises, whether paid or to be paid.Tenant: