Common use of Rights Under the Lease Clause in Contracts

Rights Under the Lease. If Lender shall succeed to the interests of Landlord in and to the Premises or under the Lease, Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord); or (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord); or (c) liable to Tenant for any security deposit under the Lease not actually transferred and paid over to Lender; or (d) obligated to give Tenant a credit for and/or acknowledge any rent or additional rent which Tenant has paid to Landlord or any prior landlord which is in excess of the rent or additional rent due under the Lease preceding the effective date of the notice wherein Lender gave Tenant notice of Lenders succeeding to the Landlord's interest under the Lease, unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement; or (e) bound by any agreement or modification of the Lease made after the date hereof without Lenders consent, except as permitted by the Mortgage. The foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either party hereto. However, Tenant agrees to execute and deliver to Lender or to any person to whom Tenant herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. Any option to purchase or right of first offer with respect to the Property in favor of Tenant shall not be deemed to (i) include a transfer to Lender or Lender's nominee in the event of a foreclosure or deed in lieu of foreclosure; (ii) be a waiver of any rights of Lender with respect to any prohibition on prepayment or transfer as contained in the Mortgage or any other document evidencing or securing the Loan; or (iii) include a transfer by Lender to an affiliate of Lender.

Rights Under the Lease. If Lender shall shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Xxxxxx's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord for the breach of any provision contained in the Lease that Xxxxxx might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord); or) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord)) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) liable to Tenant for any security deposit under the Lease not actually transferred and paid over to Lender; or (d) obligated to give Tenant a credit for and/or acknowledge any rent or additional rent other charges which Tenant has paid to Landlord or any prior landlord which is in excess of the two months' rent or additional rent due under the Lease and other charges preceding the effective date of the notice wherein from Lender gave issued to Tenant notice of Lenders regarding Xxxxxx's succeeding to the Landlord's interest under the Lease, Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement; or (e) bound by any agreement or modification of the Lease made after the date hereof without Lenders consent. Additionally, except as permitted by the Mortgage. The foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either party hereto. However, Tenant agrees to execute and deliver to Lender or to any person to whom Tenant herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. Any option to purchase or right of first offer with respect to the Property in favor of Tenant shall not be deemed to (i) include a transfer to Lender or Lender's nominee in the event of a foreclosure Xxxxxx's succession to Landlord's interests in and to the Premises or deed under the Lease, or entry into possession of the Premises as provided in lieu Section 5, Tenant shall be bound to Lender, as Landlord, under all of foreclosure; (ii) be a waiver the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any rights of Lender with respect to any prohibition on prepayment or transfer as provision contained in the Mortgage Lease that Landlord might have had under the Lease against Tenant if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or any other document evidencing under the Lease or securing entered into possession of the Loan; or (iii) include a transfer by Lender to an affiliate of LenderPremises, as the case may be.

Rights Under the Lease. If Lender shall shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38 of the Lease, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Xxxxxx's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Xxxxxx as Landlord for the breach of any provision contained in the Lease that Tenant might have had under the Lease against Landlord if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord); or) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord)) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Xxxxxx had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) liable to Tenant for any security deposit under the Lease not actually transferred and paid over to Lender; or (d) obligated to give Tenant a credit for and/or acknowledge any rent or additional rent other charges which Tenant has paid to Landlord or any prior landlord which is in excess of the two months' rent or additional rent due under the Lease and other charges preceding the effective date of the notice wherein from Lender gave issued to Tenant notice of Lenders regarding Xxxxxx's succeeding to the Landlord's interest under the Lease, Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement; or (e) bound by any agreement or modification of the Lease made after the date hereof without Lenders consent. Additionally, except as permitted by the Mortgage. The foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either party hereto. However, Tenant agrees to execute and deliver to Lender or to any person to whom Tenant herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. Any option to purchase or right of first offer with respect to the Property in favor of Tenant shall not be deemed to (i) include a transfer to Lender or Lender's nominee in the event of a foreclosure Xxxxxx's succession to Landlord's interests in and to the Premises or deed under the Lease, or entry into possession of the Premises as provided in lieu Section 5, Tenant shall be bound to Lender, as Landlord, under all of foreclosure; (ii) be a waiver the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Xxxxxx's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any rights of Lender with respect to any prohibition on prepayment or transfer as provision contained in the Mortgage Lease that Landlord might have had under the Lease against Tenant if Xxxxxx had not succeeded to the interests of Landlord in and to the Premises or any other document evidencing under the Lease or securing entered into possession of the Loan; or (iii) include a transfer by Lender to an affiliate of LenderPremises, as the case may be.

Rights Under the Lease. If Lender shall shall: (i) succeed to the interests of Landlord in and to the Premises or under the Lease, or (ii) enter into possession of the Premises under circumstances described in Section 38, Lender shall be bound to Tenant under all of the terms, covenants and conditions of the Lease, and Tenant shall, from and after Lender's succession to the interests of Landlord in and to the Premises or under the Lease or entry into possession of the Premises, as the case may be, have the same remedies against Lender as Landlord for the breach of any provision contained in the Lease that Tenant might have had under the Lease against Landlord if Lender had not succeeded to the interests of Landlord in and to the Premises or under the Lease or entered into possession of the Premises, as the case may be; provided, however, that Lender shall not be: (a) liable for any acts or omissions of any prior landlord (including, but not limited to, Landlord); or) except that Lender shall be required to cure any continuing defaults, such as failure to maintain parking areas or make necessary repairs; (b) subject to any offsets, deductions or defenses which Tenant might have arising out of acts or omissions of any prior landlord (including, but not limited to, Landlord)) except for the right to recapture from rent any reasonable amounts expended by Tenant to cure a default of Landlord for which Lender had received a copy of notice pursuant to the terms hereof and would have been required to cure upon succeeding to the interest of Landlord; or (c) liable to Tenant for any security deposit under the Lease not actually transferred and paid over to Lender; or (d) obligated to give Tenant a credit for and/or acknowledge any rent or additional rent other charges which Tenant has paid to Landlord or any prior landlord which is in excess of the two months' rent or additional rent due under the Lease and other charges preceding the effective date of the notice wherein from Lender gave issued to Tenant notice of Lenders regarding Lender's succeeding to the Landlord's interest under the Lease, Lease unless such payment is provided for in the Lease as presently existing or as amended in accordance with this Agreement; or (e) bound by any agreement or modification of the Lease made after the date hereof without Lenders consent. Additionally, except as permitted by the Mortgage. The foregoing provisions shall be self-operative and effective without the execution of any further instruments on the part of either party hereto. However, Tenant agrees to execute and deliver to Lender or to any person to whom Tenant herein agrees to attorn such other instruments as either shall request in order to effectuate said provisions. Any option to purchase or right of first offer with respect to the Property in favor of Tenant shall not be deemed to (i) include a transfer to Lender or Lender's nominee in the event of a foreclosure Lender's succession to Landlord's interests in and to the Premises or deed under the Lease, or entry into possession of the Premises as provided in lieu Section 5, Tenant shall be bound to Lender, as Landlord, under all of foreclosure; (ii) be a waiver the terms, covenants and conditions of the Lease, and Lender, as Landlord, shall, from and after Lender's succession to the interest of Landlord under the Lease or entry into possession of the Premises, as the case may be, have the same rights and remedies against Tenant for the breach of any rights of Lender with respect to any prohibition on prepayment or transfer as provision contained in the Mortgage Lease that Landlord might have had under the Lease against Tenant if Lender had not succeeded to the interests of Landlord in and to the Premises or any other document evidencing under the Lease or securing entered into possession of the Loan; or (iii) include a transfer by Lender to an affiliate of LenderPremises, as the case may be.