Common use of Subleasing Permitted; Lessee Remains Obligated Clause in Contracts

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen (15) days’ prior written notice to Lessor (except for subleases to Affiliates, in which case no notice shall be required), Lessee may at any time and from time to time sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “Lessee” in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to Affiliates).

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default exists and no Lease Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen ten (1510) days’ ' prior written notice to Lessor (except for subleases to Affiliates, in which case no notice shall be required)Lessor, Lessee may at any time and from time to time sublease the Property all or any portion of the Property to one or portions thereof to any Person more Persons or permit the occupancy of the Property or any portion or portions thereof by any one or more Persons; provided, that each such Person who is must not be (i) a tax-exempt entity (within the meaning of Section 168(h) of the Code) or (ii) a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease Sublease (defined below) term; provided, further, there shall be no more than five (5) Subleases permitting occupancy by Persons other than the Lessee at any time, and no Sublease shall result in any structural alteration or modification to the Property or any portion thereof. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “"Sublease”") shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “"Lessee” " in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantorguarantor or surety, as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s request, Lessee shall forward furnish to Lessor within thirty (30) days after the namesexecution of each Sublease (i) a copy of such Sublease (and the previously executed Subleases still in effect, businesses if applicable) and square footage leased (or locationii) of all subtenants (such other than Subleases instruments and documents as the Lessor shall reasonably request to Affiliates)ensure that such Sublease is expressly subject and subordinate to the Debt Documents, the Lease and the Head Lease and meets the requirements hereof.

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease Sublease is entered into, upon fifteen (15) days’ prior written notice to Lessor and Lender (except for including subleases to Affiliates, Affiliates or other Persons in which case no notice shall be requiredLessee has an ownership interest (“Related Persons”)), Lessee may at any time and from time to time time, directly or indirectly through one or more Affiliates or Related Persons, sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any No such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee Xxxxxx shall continue to be obligated for all obligations of “Lessee” in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annuallyper quarter, upon LessorXxxxxx’s request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to AffiliatesAffiliates or other Related Persons).

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen (15) days’ prior written notice to Lessor (except for subleases to Affiliates, in which case no notice shall be required), Lessee may at any time and from time to time sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “Lessee” Lessee in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to Affiliates).

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default or Bankruptcy Default shall have occurred and be continuing exist at the time the a sublease (a "Sublease") is LEASE AGREEMENT (HGSI) entered into, upon fifteen (15) days’ prior written notice to Lessor (except for subleases to Affiliates, in which case no notice shall be required), Lessee may at sublease either or both Properties or any time portion or portions thereof with any Person (provided, that Lessee hereby covenants and from time to time agrees that it shall not sublease the Property either or both Properties or any portion or portions thereof to any Person that is not generally meeting its obligations as they become due or permit is subject to a proceeding under applicable bankruptcy, solvency or reorganization laws on the occupancy date of such sublease) upon written notice to Lessor and the Agents; provided that each of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at following conditions are satisfied: (A) the commencement of the sublease term. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “Lessee” Lessee under the Lease and in this Lease, which obligations the other Operative Documents shall continue in full force and effect as obligations notwithstanding such sublease, (B) any sublease does not extend beyond the Lease Term, (C) the sublease shall expressly provide for the surrender of the Property after termination upon the occurrence of a principal Lease Event of Default and not of a guarantor, (D) the sublease is expressly subject and subordinate to this Lease. Lessee acknowledges and agrees that this Lease has been assigned as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s request, Lessee shall forward to Lessor described on the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to Affiliates)cover page hereof.

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen (15) days’ ' prior written notice to Lessor and the Lender (except for subleases to Affiliates, in which case no notice shall be required), Lessee may at any time and from time to time sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”"SUBLEASE") shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “"Lessee” " in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s 's request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to Affiliates).

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen (15) days’ prior written notice to Lessor (except for subleases to Affiliates, in which case no notice shall be required), Lessee may at any time (but, except for a sublet to an Affiliate, not prior to occupancy by Lessee of the Improvements following construction of the Improvements in accordance with the provisions of Article 4) and from time to time sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “Lessee” in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annually, upon Lessor’s request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to Affiliates).

Subleasing Permitted; Lessee Remains Obligated. Provided that no Lease Event of Default shall have occurred and be continuing at the time the sublease is entered into, upon fifteen (15) days’ prior written notice to Lessor and Lender (except for including subleases to Affiliates, Affiliates or other Persons in which case no notice shall be requiredLessee has an ownership interest (“Related Persons”)), Lessee may at any time and from time to time time, directly or indirectly through one or more Affiliates or Related Persons, sublease the Property or any portion or portions thereof to any Person or permit the occupancy of the Property or any portion or portions thereof by any Person who is not a debtor or debtor-in-possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any No such sublease, sub-sublease, license, occupancy agreement or similar agreement (each, a “Sublease”) shall not release Lessee from its primary liability for the performance of its duties and obligations hereunder, and Lessee shall continue to be obligated for all obligations of “Lessee” in this Lease, which obligations shall continue in full effect as obligations of a principal and not of a guarantor, as though no Sublease had been made. From time to time, but in no event more than once annuallyper quarter, upon Lessor’s request, Lessee shall forward to Lessor the names, businesses and square footage leased (or location) of all subtenants (other than Subleases to AffiliatesAffiliates or other Related Persons).