Rights of Successors. If any Mortgage is foreclosed, or Landlord’s interest under this Lease is conveyed or transferred in lieu of foreclosure, or if any Ground Lease is terminated: (i) no person or entity which as the result of any of the foregoing has succeeded to the interest of Landlord in this Lease (any such person or entity being hereafter called a “SUCCESSOR”) shall be liable for any default by Landlord or any other matter which occurred prior to the date such Successor succeeded to Landlord’s interest in this Lease, nor shall any Successor be bound by or subject to any offsets or defenses which Tenant may have against Landlord or any other predecessor in interest to such Successor (provided further, however, that nothing herein shall be deemed to limit a Successor’s obligations under this Lease which are required to be performed from and after the date the Successor succeeds to Landlord’s interest hereunder). (ii) upon request of any Successor, Tenant will attorn to the Successor, as Landlord under this Lease, subject to the provisions of this Section 23, and will execute and deliver such instruments as may be necessary or appropriate to evidence the attornment within twenty (20) days after receipt of a written request to do so. (iii) no Successor shall be bound to recognize any prepayment by more than thirty (30) days of Base Rent, Additional Rent or Excess Expenses from the date when otherwise due hereunder.
Appears in 1 contract
Samples: Office Lease (Houghton Mifflin Co)
Rights of Successors. If any Mortgage is foreclosed, or Landlord’s 's interest under this Lease lease is conveyed or transferred in lieu of foreclosure, or if any Ground Lease is terminated:
(i) no No person or entity which as the result of any of the foregoing has succeeded to the interest of Landlord in this Lease lease (any such person or entity being hereafter called a “SUCCESSOR”"Successor") shall be liable for any default by Landlord or any other matter which occurred prior to the date such Successor succeeded to Landlord’s 's interest in this Leaselease, nor shall any such Successor be bound by or subject to any offsets or defenses which Tenant may have against Landlord or any other predecessor in interest to such Successor (provided furtherprovided, however, that except as expressly provided in this Section 20, nothing herein shall be deemed to limit a such Successor’s 's obligations under this Lease lease which are required to be performed and which first arise or accrue from and after the date the such Successor succeeds to Landlord’s 's interest hereunder, as well as obligations under this lease which have not been performed by any prior owner and which continue to be unperformed at the time of the succession and which directly affect, in any material respect, Tenant's quiet enjoyment of the Premises and are reasonably curable by the Successor, such as required maintenance, repairs, restoration and furnishing of service).
(ii) upon Upon request of any Successor, Tenant will attorn to the such Successor, as Landlord under this Leaselease, subject to the provisions of this Section 2320(c) and Section 20(e), and will execute and deliver such instruments as may be necessary or appropriate to evidence the such attornment within twenty ten (2010) days after receipt of a written request to do so.
(iii) no No Successor shall be bound to recognize any prepayment by more than thirty (30) days of Base Rent, Additional Rent or Excess Expenses from Additional Rent.
(iv) No Successor shall be bound to recognize any amendment or modification of this lease made without the date when otherwise due hereunderwritten consent of the Mortgagee or Ground Lessor (as the case may be), to the extent such consent was required pursuant to any agreement between Landlord and any Mortgagee or Ground Lessor.
Appears in 1 contract
Samples: Office Lease (Imanage Inc)
Rights of Successors. If any Mortgage is foreclosed, or Landlord’s 's interest under this Lease is conveyed or transferred in lieu of foreclosure, or if any Ground Lease is terminated:
(i) no person or entity which as the result of any of the foregoing has succeeded to the interest of Landlord in this Lease (any such person or entity being hereafter called a “"SUCCESSOR”") shall be liable for any default by Landlord or any other matter which occurred prior to the date such Successor succeeded to Landlord’s 's interest in this Lease, nor shall any Successor be bound by or subject to any offsets or defenses which Tenant may have against Landlord or any other predecessor in interest to such Successor (provided further, however, that nothing herein shall be deemed to limit a Successor’s 's obligations under this Lease which are required to be performed from and after the date the Successor succeeds to Landlord’s 's interest hereunder).
(ii) upon request of any Successor, Tenant will attorn to the Successor, as Landlord under this Lease, subject to the provisions of this Section 23, and will execute and deliver such instruments as may be necessary or appropriate to evidence the attornment within twenty (20) days after receipt of a written request to do so.
(iii) no Successor shall be bound to recognize any prepayment by more than thirty (30) days of Base Rent, Additional Rent or Excess Expenses from the date when otherwise due hereunder.
(iv) no Successor shall be bound to recognize any amendment or modification of this Lease made without the written consent of the Mortgagee or Ground Lessor (as the case may be).
Appears in 1 contract
Samples: Office Lease (Houghton Mifflin Co)
Rights of Successors. If any Mortgage is foreclosed, or Landlord’s interest under this Lease lease is conveyed or transferred in lieu of foreclosure, or if any Ground Lease is terminated:
(i) So long as no Default then exists, (x) the possession and use by Tenant of the Premises shall not be disturbed by any suit or proceeding for the foreclosure of the Mortgage or any deed in lieu of foreclosure, or by any termination of the Ground Lease (as the case may be); (y) the Mortgagee, Ground Lessor or such other entity that succeeds to the interest of Landlord hereunder shall recognize any and all of Tenant’s rights and privileges under this Lease and under any renewals or modifications thereof; and (z) Tenant shall not be joined as a party to any lawsuit or other proceeding for the foreclosure of the Mortgage or any deed in lieu of foreclosure or any other proceeding related to the Mortgage or Ground Lease.
(ii) No person or entity which as the result of any of the foregoing has succeeded to the interest of Landlord in this Lease (any such person or entity being hereafter called a “SUCCESSORSuccessor”) shall be liable for any default by Landlord or any other matter which occurred prior to the date such Successor succeeded to Landlord’s interest in this LeaseLease (subject to the terms of the then applicable SNDA), nor shall any such Successor be bound by or subject to any offsets or defenses which Tenant may have against Landlord or any other predecessor in interest to such Successor (provided further, however, that nothing herein shall be deemed to limit a Successor’s obligations under this Lease which are required to be performed from and after the date the Successor succeeds to Landlord’s interest hereunder).
(iiiii) upon Upon request of any Successor, Tenant will attorn to the such Successor, as Landlord under this Lease, subject to the provisions of this Section 2320(c) and Section 20(e), and will execute and deliver such instruments as may be necessary or appropriate to evidence the such attornment within twenty (20) days after receipt of a written request to do so; provided that Tenant receives written notice that such Successor has succeeded to the interest of Landlord.
(iiiiv) no No Successor shall be bound to recognize any prepayment by more than thirty (30) days of Base Rent, Additional Rent or Excess Expenses from Additional Rent.
(v) No Successor shall be bound to recognize any material amendment or material modification of this Lease made without the date when otherwise due hereunderwritten consent of the Mortgagee or Ground Lessor (as the case may be).
Appears in 1 contract
Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)