Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor. (b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property. (c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.
Appears in 2 contracts
Samples: Lease Agreement (Sabre Holdings Corp), Lease Agreement (Sabre Holdings Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet (i) any Property or portion thereof so long as such sublease (i) is on market terms, to any wholly-owned Subsidiary of Lessee and/or (ii) does up to twenty-five percent of the total square footage of the Properties to any Person that is not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date a wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by the Lessor, the Agent and the Majority Holders. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease shall not extend beyond the Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such the Lease Supplement from Lessor, and any existing tenant respecting such the Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Credit Lender, any Holder Mortgage Lender or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or portion thereof so long as such sublease (i) is on market termsto any Person to the extent, but only to the extent, that all of the requirements of Sections 25.2(a), (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Termb) and (Bc) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Leaseare satisfied. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor, such consent not to be unreasonably withheld or delayed. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable the Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Expiration Date; provided, notwithstanding the foregoing, the term of a sublease otherwise permitted under this Section 25.2 may extend beyond the Expiration Date so long as (i) the terms and conditions of such sublease are commercially reasonable and the rent payable thereunder is no less than a market rent for the Property (or a portion thereof subject to such sublease), (ii) Lessor shall not be personally liable for any obligations under such sublease, (iii) Lessee has furnished a copy of such sublease to the Lessor, and (iv) if requested by the Lessor, Lessee furnishes to Lessor (at Lessee’s sole cost and expense) written confirmation from an independent appraiser (reasonably acceptable to Lessor) that the condition set forth in clause (i) has been satisfied. If requested by Lessee in writing, the Lessor shall execute and deliver a subordination and non-disturbance agreement for the benefit of any sublessee under a sublease permitted hereunder; provided, (I) such subordination and non-disturbance agreement shall be in form and substance mutually agreeable to the Lessor, the Agent and such sublessee, and (II) the Lessee shall pay or reimburse the Lessor and each other Financing Party for any and all reasonable costs and expenses incurred by such Persons in connection with the execution of such subordination and non-disturbance agreement, including without limitation reasonable attorneys’ fees and disbursements. Except as otherwise provided in this Section 25.2(c), each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Convergys Corp)
Subleases. (a) Promptly, but in any event within five ten (510) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such subleasesublease and shall provide a copy of such sublease to Lessor and the Agent. As of the date of each the Lease Supplement, Lessee shall lease the respective Property (or applicable portion thereof) described in such Lease Supplement from Lessor, and any existing tenant respecting such the Property (or applicable portion thereof) shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder Primary Financing Party or the Lessor and subject to the other provisions of this Section 25.2, Lessee may (i) sublet any the Property or portion thereof so long as such sublease (i) is on market terms, to any Affiliate of Lessee or (ii) does not extend beyond sublet up to fifty percent (A50%) of the Basic Term Expiration Date (if such sublease is in force during aggregate square footage of the Basic Term) and (B) Improvements with respect to the expiration date of Property to any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentenceother Person; provided, no other subleases shall be permitted unless consented to in writing by Lessor. All all subleasing shall be done on market terms and shall in no way diminish the -------- fair market value or useful life of any applicable the Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
(d) Lessor hereby agrees to enter into an appropriate non- disturbance agreement respecting any sublease on terms mutually agreeable to the Lessor, the Lessee and such subtenant.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease to any Subsidiary of the Parent or up to thirty percent (i) is on 30%), in the aggregate, of the square footage of the applicable Property to any healthcare providers or businesses related to the operations of the Property in accordance with market termsand industry practices and standards, (ii) does not extend beyond (A) provided in all cases the Basic Term Expiration Date (if such sublease is in force during Lessee shall remain primarily liable with respect to the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseCompany Obligations. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date Term to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by LessorLessor and the Majority Secured Parties, which consent shall not be unreasonably withheld. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease shall not extend beyond the Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Acxiom Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease SupplementClosing Date, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or portion thereof so long as such sublease to any wholly-owned Subsidiary of Lessee or any other Person reasonably acceptable to the Agent; provided, (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All all subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property, (ii) no sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession of the Property shall in any way discharge or diminish any of Lessee's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to the Property, or portion thereof, so sublet, (iii) the term of any such sublease shall not extend beyond the Term, and (iv) each sublease shall be expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other sublease shall be permitted unless consented to in writing by Lessor which consent shall not be unnecessarily withheld, delayed or conditioned. All sublessees shall be in all respects subject and subordinate to the Lease and shall in no way diminish the fair market value or useful life of the Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and Lessor, but subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of to any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by LessorPerson. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease (including renewals) shall not extend beyond the Basic Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such subleasesublease and shall provide a copy of such sublease to Lessor and the Agent. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, Agent or any Lender, any Holder or Lessor Primary Financing Party and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or any portion thereof so long as such sublease (i) is on market terms, only to any Wholly-Owned Entity of Lessee or (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of to any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate other Person provided, all subleasing pursuant to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing subsection (ii) shall be done on market terms for a term not to exceed the Term hereof and shall in no way diminish the fair market value or value, useful life or utility of any applicable such Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease. Subject to a subordination, non disturbance and attornment agreement acceptable to Lessor and upon request, Lessor shall agree that it will recognize any sublease entered into on market terms to an entity which would fulfill Lessor's customary credit requirements (in Lessor's discretion) for the obligations undertaken by the sublessee in the sublease and which is not otherwise prohibited by this Lease, in the event this Lease is terminated prior to the Expiration Date.
Appears in 1 contract
Subleases. (a) Promptly, but Except as set forth in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXVSection 25.2, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective may not sublet any Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, any Lenderwhich consent may be given or withheld in the sole discretion of each such party.
(b) Lessee may, any Holder without the consent of Lessor or Lessor and subject to the other provisions of this Section 25.2Agent, Lessee may sublet any a Property or portion thereof so long as such sublease only if:
(i) is on market termsLessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease, each Lease Supplement and the other Operative Agreements;
(ii) does not extend beyond (A) the Basic Term Expiration Date (if such Such sublease is in force during the Basic Term) writing and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to the rights of the Agent and the Financing Parties under this Lease. Except as referenced , the Security Agreement, each Mortgage Instrument and all other Operative Agreements; and
(iii) Such sublease is on commercially reasonable terms and at market rates and such Property is at all times used for the purposes set forth in this paragraph and in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life definition of any applicable “Property.”
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, the Property so sublet.
(d) Each insurance policy carried by Lessee pursuant to Article XIV hereof shall be endorsed to name each sublessee under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent.
(e) Promptly but in any event within five (5) days following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Properties described in such Lease Supplement from Lessor, and (without limiting the generality of Sections 25.2(a) - (d)) any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
Appears in 1 contract
Samples: Lease Agreement (Tech Data Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease to any Subsidiary of the Parent or up to thirty percent (i) is on 30%), in the aggregate, of the square footage of the applicable Property to any healthcare providers or businesses related to the operations of the Property in accordance with market termsand industry practices and standards, (ii) does not extend beyond (A) provided in all cases the Basic Term Expiration Date (if such sublease is in force during Lessee shall remain primarily liable with respect to the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseCompany Obligations. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Us Foodservice/Md/)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties (or sublease Lessor's leasehold interest therein, as the case may be) described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without So long as no Lease Event of Default shall have occurred and be continuing, without the prior written consent of the Agent, any Lender, any Holder Bank or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long (or Lessor's leasehold interest therein, as such sublease (ithe case may be) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable PropertyProperty (or Lessor's leasehold interest therein, as the case may be).
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market termsto any Person to the extent, but only to the extent, that the requirements of Sections 25.2(a), (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Termb) and (Bc) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Leaseare satisfied. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor, such consent not to be unreasonably withheld or delayed. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease shall not extend beyond the Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Convergys Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease SupplementClosing Date, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without So long as no Lease Event of Default shall have occurred and be continuing, without the prior written consent of the Agent, any Lender, any Holder Bank or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee or DTS. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
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Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease SupplementClosing Date, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder Lender or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does but shall not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of permit any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Leasefurther sub?subletting. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
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Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution So long as no Event of Default shall have occurred and delivery of any sublease permitted by this Article XXVbe continuing, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed may sublease one or more Vehicles (i) to be a subtenant wholly-owned Subsidiary of Lessee and not a tenant of Lessor.
(b) Without without the prior written consent of Lessors and (ii) to any other corporation organized under the Agentlaws of the United States or any State thereof with the prior written consent of each of the Lessors, which consent shall not be unreasonably withheld; provided, that any Lender, any Holder or Lessor Sublease entered into pursuant to this Section 5.2 shall satisfy each of the following conditions:
(a) such Sublease shall automatically expire upon the termination of the Lease Supplement governing the Vehicle subleased under such Sublease and shall be expressly subordinate and subject to this Lease and the other provisions of this Section 25.2Liens created hereunder, Lessee may sublet any Property or portion thereof so long as and to the applicable Lease Supplement;
(b) such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases Sublease shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value expressly prohibit any further assignment, sublease or useful life of any applicable Property.transfer;
(c) No sublease such Sublease shall not contain a purchase option in favor of the Sublessee or any other provision pursuant to which the Sublessee may obtain record or beneficial title to the Vehicle leased thereunder from Lessee of such Vehicle;
(referenced d) such Sublease shall prohibit the Sublessee from making any alterations or modifications to the Vehicle that would violate this Lease;
(e) such Sublease shall require the Sublessee to maintain the Vehicle in this accordance with Section 25.2 5.3;
(f) on or otherwise) or other relinquishment before execution and delivery of possession such Sublease, Lessee shall execute and deliver to any Property Agent a security agreement, in a form approved by Agent, whereby Lessee grants to Agent, for the benefit of the Lessors, a security interest in all of Lessee's rights, title and interest in, to and under such Sublease, as Collateral for Lessee's obligations under the Operative Agreements. Such Sublease shall in any way discharge or diminish provide that such sublessee shall make all payments under such Sublease directly to Agent, at an account specified by Agent, upon the occurrence of any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.the events specified in Section 6.1(j)
Appears in 1 contract
Samples: Participation Agreement (Consolidated Freightways Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate Lessee or to this LeaseKarrington. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease shall not extend beyond the Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such the Lease Supplement from Lessor, and any existing tenant respecting such the Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any LenderCredit Note Purchaser, any Holder Mortgage Lender or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or portion thereof so long as such sublease (i) is on market termsto any Person to the extent, but only to the extent, that all of the requirements of Sections 25.2(a), (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Termb) and (Bc) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Leaseare satisfied. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor, such consent not to be unreasonably withheld or delayed. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable the Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Expiration Date; provided, notwithstanding the foregoing, the term of a sublease otherwise permitted under this Section 25.2 may extend beyond the Expiration Date so long as (i) the terms and conditions of such sublease are commercially reasonable and the rent payable thereunder is no less than a market rent for the Property (or a portion thereof subject to such sublease), (ii) Lessor shall not be personally liable for any obligations under such sublease, (iii) Lessee has furnished a copy of such sublease to the Lessor, and (iv) if requested by the Lessor, Lessee furnishes to Lessor (at Lessee's sole cost and expense) written confirmation from an independent appraiser (reasonably acceptable to Lessor) that the condition set forth in clause (i) has been satisfied. If requested by Lessee in writing, the Lessor shall execute and deliver a subordination and non-disturbance agreement for the benefit of any sublessee under a sublease permitted hereunder; provided, (I) such subordination and non-disturbance agreement shall be in form and substance mutually agreeable to the Lessor, the Agent and such sublessee, and (II) the Lessee shall pay or reimburse the Lessor and each other Financing Party for any and all reasonable costs and expenses incurred by such Persons in connection with the execution of such subordination and non-disturbance agreement, including without limitation reasonable attorneys' fees and disbursements. Except as otherwise provided in this Section 25.2(c), each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Convergys Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such subleasesublease and shall provide a copy of such sublease to Lessor and the Agent. As of the date of each the Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such the Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder Primary Financing Party or the Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or any portion thereof so long as to any wholly-owned Subsidiary of Lessee or any other Person; provided, all such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms at fair market rents, and shall in no way diminish the fair market value or useful life of the Property. Except as otherwise provided in this Section 25.2(b), no other subleasing with respect to the Property or any applicable Propertyportion thereof shall be permitted without the written consent of the Lessor and the Agent, which consent shall not be unreasonably delayed, denied or conditional.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Toys R Us Inc)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, ----------- Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, ------------ Lessee may sublet any Property or portion thereof so long as such sublease thereof, provided that (i) is all -------- subleasing shall be done on market terms, (ii) the sublease does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and , (iii) the sublease is expressly subject and subordinate to this Lease. Except as referenced in , and (iv) the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and sublease shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or ------------ other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder hereunder, and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.
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Subleases. (a) Promptly, but Except as set forth in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXVSection 24.2, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective may not sublet any Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, any Lenderwhich consent may be given or withheld in the sole discretion of each such party.
(b) Lessee may, any Holder without the consent of Lessor or Lessor and subject to the other provisions of this Section 25.2Agent, Lessee may sublet any a Property or portion thereof so long as such sublease only if:
(i) is on market termsLessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease, each Lease Supplement and the other Operative Agreements;
(ii) does not extend beyond (A) the Basic Term Expiration Date (if such Such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) writing, is expressly subject and subordinate to the rights of the Agent and the Financing Parties under this Lease. Except as referenced , the Security Agreement, each Mortgage Instrument and all other Operative Agreements and has a term that expires upon the termination or expiration of this Lease, unless Lessee purchases the related Property, in which case, the term of such sublease may continue; and
(iii) Such sublease is on commercially reasonable terms and at market rates and such Property is at all times used for the purposes set forth in this paragraph and in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life definition of any applicable “Property.”
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, the Property so sublet.
(d) Each insurance policy carried by Lessee pursuant to Article XIV shall be endorsed to name each sublessee under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent.
(e) Promptly but in any event within five (5) days following the execution and delivery of any sublease permitted by this Article XXIV, Lessee shall notify Lessor and the Agent of the execution of such sublease.
Appears in 1 contract
Samples: Lease Agreement (Tech Data Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, Promptly following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any there shall be no existing tenant respecting such Property shall automatically be deemed other than the Lessee, except to be a subtenant the extent such sublease is permitted under subsection (b) of Lessee and not a tenant of Lessorthis Section 25.2.
(b) Without Upon written notice to the prior written consent of the Agent, any Lender, any Holder or Lessor Financing Parties and subject to the other provisions of this Section 25.225.2(c), Lessee may sublet any Property or portion thereof (i) to any Person so long as such the sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is shall be expressly subject and subordinate to this Lease, the term of the sublease does not extend beyond the Term of this Lease and the sublease is on fair market terms and at a fair market rental, or (ii) to COFC or a Wholly-Owned Subsidiary of COFC or to an Affiliate or Subsidiary of the Lessee. Except as referenced in the immediately preceding sentence, no No other subleases shall be permitted unless consented to in writing by the Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet.
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Subleases. (a) Promptly, but Except as set forth in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXVSection 25.2, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective may not sublet any Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, any Lenderwhich consent may be given or withheld in the sole discretion of each such party.
(b) Lessee may, any Holder without the consent of Lessor or Lessor the Agent, sublet a Property to a Subsidiary of Lessee, or sublet professional space constituting a portion of a Property to healthcare providers, in each case if and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease only if:
(i) is on market terms, Lessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease and the other Operative Agreements;
(ii) does not extend beyond (A) the Basic Term Expiration Date (if such Such sublease is in force during the Basic Term) writing and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to the rights of the Lessor, the Agent, the Lenders and the Holders under this Lease. Except as referenced , the Security Agreement, each Mortgage Instrument and all other Operative Agreements; and
(iii) Such sublease is on commercially reasonable terms and at market rates, and has a term that does not extend past the Expiration Date, and such Property is at all times used for the purposes set forth in this paragraph and in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life definition of any applicable "Property".
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or the portion thereof, of the Property so sublet.
(d) Each insurance policy carried by Lessee pursuant to Article XIV hereof shall be endorsed to name each sublessee, under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent.
(e) Promptly but in any event at least thirty (30) days prior to the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
Subleases. (a) Promptly, but Except as set forth in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXVSection 25.2, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective may not sublet any Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, any Lenderwhich consent may be given or withheld in the sole discretion of each such party.
(b) Lessee may, any Holder without the consent of Lessor or Lessor the Agent, sublet a Property to a Subsidiary of Lessee, or sublet professional space constituting a portion of a Property to healthcare providers, in each case if and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease only if:
(i) is on market terms, Lessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease and the other Operative Agreements;
(ii) does not extend beyond (A) the Basic Term Expiration Date (if such Such sublease is in force during the Basic Term) writing and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to the rights of the Lessor, the Agent, the Lenders and the Holders under this Lease. Except as referenced , the Security Agreement, each Mortgage Instrument and all other Operative Agreements; and
(iii) Such sublease is on commercially reasonable terms and at market rates, and has a term that does not extend past the Expiration Date, and such Property is at all times used for the purposes set forth in this paragraph and in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life definition of any applicable “Property”.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or the portion thereof, of the Property so sublet.
(d) Each insurance policy carried by Lessee pursuant to Article XIV hereof shall be endorsed to name each sublessee, under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent.
(e) Promptly but in any event at least thirty (30) days prior to the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any wholly-owned Subsidiary of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease. ARTICLE XXVI
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, each Lessee that has executed a Lease Supplement shall lease the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of the applicable Lessee with respect to such Property and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor Lessor, (i) the Stockton Sublease shall be permitted, and (ii) subject to the other provisions of this Section 25.2, any Lessee may sublet any Property or portion thereof so long as to any wholly-owned Subsidiary of such Lessee or DTS; provided, however, no such sublease (iotherwise permitted under this Section 25.2(b)(ii) is on market termsshall be permitted with respect to the Property located in Stockton, (ii) does not extend beyond (A) California and more particularly described in Lease Supplement No. 1 while the Basic Term Expiration Date (if such sublease Stockton Sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Leaseeffect. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All Except with respect to the Stockton Sublease, all subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of any Lessee’s 's obligations to Lessor hereunder and each Lessee shall remain directly and primarily liable under this Lease as to each Property with respect to which such PropertyLessee has executed a Lease Supplement, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of LessorLessor (except as provided in Section 25.2(b)).
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as to any wholly-owned Subsidiary of Lessee or to any physician or ancillary service provider (and any such wholly-owned Subsidiary of Lessee may enter into a second tier sublease with any physician or ancillary service provider, in accordance with this Section 25.2); provided, however, that (1) concurrent with the execution of such sublease, Lessee shall certify in writing to the Agent that any such sublease of all or any portion of a Property has been entered into in accordance with market terms and for market rental amounts, as both relate to such Property, and in no way diminishes the fair market value, utility or useful life of such Property and (i2) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if no such sublease is in force during shall be for a term extending more than seven (7) years beyond the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseExpiration Date. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms Lessor and shall in no way diminish the fair market value or useful life of any applicable PropertyAgent.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.
Appears in 1 contract
Subleases. (a) Promptly, but Except as set forth in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXVSection 24.2, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective may not sublet any Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without or portion thereof without first obtaining the prior written consent of the Lessor and the Agent, any Lenderwhich consent may be given or withheld in the sole discretion of each such party, any Holder or Lessor and subject to the other provisions of this Section 25.2, provided that Lessee may sublease the Expansion Land Portion to Lessor as set forth in the Construction Agency Agreement for the Construction Term.
(b) Lessee may, without the consent of Lessor or the Agent, sublet any a Property or portion thereof so long as such sublease only if:
(i) is on market termsLessee remains fully liable for all obligations (including without limitation all Rent and other obligations with respect to such subleased Properties and any other Properties) under this Lease, each Lease Supplement and the other Operative Agreements;
(ii) does not extend beyond (A) the Basic Term Expiration Date (if such Such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) writing, is expressly subject and subordinate to the rights of the Agent and the Financing Parties under this Lease. Except as referenced , the Security Agreement, each Mortgage Instrument and all other Operative Agreements and has a term that expires upon the termination or expiration of this Lease, unless Lessee purchases the related Property, in which case, the term of such sublease may continue; and
(iii) Such sublease is on commercially reasonable terms and at market rates and such Property is at all times used for the purposes set forth in this paragraph and in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life definition of any applicable “Property.”
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, the Property so sublet.
(d) Each insurance policy carried by Lessee pursuant to Article XIV shall be endorsed to name each sublessee under any such sublease as an additional insured. Prior to the effectiveness of any such sublease, Lessee shall deliver a copy thereof to the Lessor and the Agent.
(e) Promptly, but in any event within five (5) days, following the execution and delivery of any sublease permitted by this Article XXIV, Lessee shall notify Lessor and the Agent of the execution of such sublease.
Appears in 1 contract
Samples: Lease Agreement (Tech Data Corp)
Subleases. (a) PromptlyWithout the consent of the Lessor, but Lessee may sublet, subject to Section 25.2(c), any Property or portion thereof to (i) any wholly-owned Subsidiary of Lessee or (ii) 33 any Person (which is not a wholly-owned Subsidiary of Lessee) provided the aggregate Property Cost of all such Properties under sublease to Persons (which are not wholly-owned Subsidiaries of Lessee), at the time such sublease becomes effective, does not exceed 25% of the aggregate Property Cost of all Properties then subject to this Lease. Lessee may not sublet any Property or portion thereof in any event within five addition to that referenced in the preceding sentence without first obtaining the prior written consent of the Lessor. Each sublease hereunder shall be made in the normal course of Lessee's business, on commercially reasonable terms and at market rates. Each sublease may be for a term less than, equal to or greater than the Term, as extended from time to time.
(5b) Business Days, Promptly following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No such sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet.
Appears in 1 contract
Samples: Lease Agreement (Meyer Fred Inc)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such subleasesublease and shall collaterally assign such sublease to the Lessor as security for Lessee's obligations hereunder and under any other Operative Agreement. As of Any such collateral assignment shall be in form and substance reasonably acceptable to the date of each Lease Supplement, Lessee shall lease Lessor and the respective Property described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of LessorAgent.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or portion thereof so long as such sublease (i) is on market termsto any wholly-owned Subsidiary of Lessee or to any other Person; provided, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All all subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any the applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and or diminish the fair market value of the Property. Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. During any Basic Term, the term of any such sublease shall not extend beyond 37 43 such Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Samples: Master Lease Agreement (Veritas Software Corp /De/)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such subleasesublease and shall collaterally assign such sublease to the Lessor as security for Lessee's obligations hereunder and under any other Operative Agreement. Any such collateral assignment shall be in form and substance reasonably acceptable to the Lessor and the Agent. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet (i) any Property or portion thereof so long as such sublease (i) is on market terms, to any wholly-owned Subsidiary of Lessee and (ii) does not extend beyond up to 50% of the Properties (Abased on the square footage of the Improvements constituting a Permitted Facility) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseLease to any Person which is not an Affiliate of Lessee. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by LessorLessor which consent shall not be unreasonably withheld or delayed. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet.
Appears in 1 contract
Samples: Master Lease Agreement (Veritas Software Corp /De/)
Subleases. (a) PromptlyWithout the consent of the Lessor, but Lessee may sublet, subject to Section 25.2(c), any Property or portion thereof to (i) any wholly-owned Subsidiary of Lessee or (ii) any Person (which is not a wholly-owned Subsidiary of Lessee) provided the aggregate Property Cost of all such Properties under sublease to Persons (which are not wholly- owned Subsidiaries of Lessee), at the time such sublease becomes effective, does not exceed 25% of the aggregate 33 Property Cost of all Properties then subject to this Lease. Lessee may not sublet any Property or portion thereof in any event within five addition to that referenced in the preceding sentence without first obtaining the prior written consent of the Lessor. Each sublease hereunder shall be made in the normal course of Lessee's business, on commercially reasonable terms and at market rates. Each sublease may be for a term less than, equal to or greater than the Term, as extended from time to time.
(5b) Business Days, Promptly following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No such sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet.
Appears in 1 contract
Samples: Lease Agreement (Meyer Fred Inc)
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor and the Agent of the execution of such subleasesublease and shall provide a copy of such sublease to Lessor and the Agent. As of the date of each Lease SupplementCommencement Date, Lessee shall lease the respective Property described in such Lease Supplement from Lessor, and any then existing tenant respecting such the Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, Agent or any Lender, any Holder or Lessor Primary Financing Party and subject to the other provisions of this Section 25.2, Lessee may sublet any the Property or any portion thereof so long as such sublease to any wholly-owned Subsidiary of Lessee. Subleases to wholly-owned Subsidiaries of Lessee are not required to be on market terms or at market rents. Lessee may sublet up to twenty percent (i20%) is of the Property to Persons other than wholly-owned Subsidiaries of Lessee. Such subleases to Persons other than wholly-owned Subsidiaries of Lessee may be at less than market rents but, in any event, shall otherwise be on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such . No sublease is in force during the Basic Term) and (B) the expiration date of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this Lease. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessor. All subleasing shall be done on market terms and shall in no any way diminish the fair market value or useful life of the Property. Except as otherwise provided in this Section 25.2(b), no other subleasing with respect to the Property or any applicable Propertyportion thereof shall be permitted without the written consent of the Lessor and the Agent, which consent shall not be unreasonably delayed, denied or conditioned.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any the Property shall in any way discharge or diminish any of Lessee’s obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such the Property, or portion thereof, so sublet. The term of any such sublease shall not extend beyond the Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
Subleases. (a) Promptly, but in any event within five (5) Business Days, following the execution and delivery of any sublease permitted by this Article XXV, Lessee shall notify Lessor of the execution of such sublease. As of the date of each Lease Supplement, Lessee shall lease the respective Property Properties described in such Lease Supplement from Lessor, and any existing tenant respecting such Property shall automatically be deemed to be a subtenant of Lessee and not a tenant of Lessor.
(b) Without the prior written consent of the Agent, any Lender, any Holder or Lessor and subject to the other provisions of this Section 25.2, Lessee may sublet any Property or portion thereof so long as such sublease (i) is on market terms, (ii) does not extend beyond (A) the Basic Term Expiration Date (if such sublease is in force during the Basic Term) and (B) the expiration date to any Affiliate of any then applicable Renewal Term (if such sublease is in force during such Renewal Term) and (iii) is expressly subject and subordinate to this LeaseCredit Party. Except as referenced in the immediately preceding sentence, no other subleases shall be permitted unless consented to in writing by Lessoreach Financing Party, which consent may be given or withheld in the sole discretion of each such party. All subleasing shall be done on market terms and shall in no way diminish the fair market value or useful life of any applicable Property.
(c) No sublease (referenced in this Section 25.2 or otherwise) or other relinquishment of possession to any Property shall in any way discharge or diminish any of Lessee’s 's obligations to Lessor hereunder and Lessee shall remain directly and primarily liable under this Lease as to such Property, or portion thereof, so sublet. During the Basic Term, the term of any such sublease shall not extend beyond the Basic Term. During any Renewal Term, the term of any such sublease shall not extend beyond such Renewal Term. Each sublease shall be expressly subject and subordinate to this Lease.
Appears in 1 contract
