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 and the Indenture Trustee (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 (i) who is not a tax-exempt entity (within the meaning of Section 168(h) of the Code) and (ii) 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 or surety, as though no Sublease had been made. From time to time, and no more often than once annually, upon Lessor’s written request, Lessee shall forward to Lessor the names, businesses and square footage leased of all subtenants (other than Subleases to Affiliates). In addition, Lessee shall furnish to Lessor, the Servicer and the Indenture Trustee within thirty (30) days after the execution of each Sublease of twenty percent (20%) or more (or any Sublease, when aggregated with previously executed Subleases that are still in effect, exceeds twenty percent (20%) or more) of the total square feet of the Improvements on the Property or a material portion of the Land (i) a copy of such Sublease (and the previously executed Subleases still in effect, if applicable) and (ii) such other instruments and documents as the Lessor and the Indenture Trustee shall reasonably request to ensure that such Sublease is subject to the Debt Documents. Lessee shall not be required to furnish copies to Lessor of any Sublease with an Affiliate of Lessee, nor shall any such Affiliate Subleases count against the 20% threshold set forth above. In no event shall Lessee grant any purchase options to any subtenants or modify any existing renewal or expansion rights in any Existing Sublease. Lessee shall be permitted to extend the term and/or sublease additional space within the Property to subtenants having Existing Subleases providing any such additional subleased space or extensions to any terms are not for periods extending beyond the then in effect expiration of the Lease Term. The foregoing limitation shall not however, preclude or otherwise prohibit subtenants having Existing Subleases from exercising under the terms of their Existing Subleases any expansion rights or renewal options in effect as of the Lease Commencement Date.

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 Indenture Trustee (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 (including to a Person that is an “investment company" or a Person "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended) or permit the occupancy of the Property or any portion or portions thereof by any Person (including to a Person that is an "investment company" or a Person "controlled" by an "investment company'' within the meaning of the Investment Company Act of 1940, as amended) (i) who is not a tax-tax exempt entity (within the meaning of Section 168(h) of the Code) and (ii) is not a debtor or debtor-in-debtor in possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-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 or surety, as though no Sublease had been made. From time to time, and Upon entering into any new Sublease (other than Subleases with Affiliates) during any period in which Guarantor (or Lessee if there is no more often than once annually, upon Lessor’s written requestGuarantor) has fallen below the Required Rating of the Trigger Rating, Lessee shall promptly forward to Lessor the names, businesses and square footage leased names of all subtenants and the terms of their respective Subleases (other than Subleases to Affiliates). In addition, in the event Guarantor (or Lessee if there is no Guarantor) has fallen below the Required Rating of the Trigger Rating, Lessee shall furnish to Lessor, the Servicer and the Indenture Trustee Lessor within thirty (30) days after the execution of each Sublease of twenty percent (20%) or more (or any Sublease, when aggregated with previously executed Subleases that are still in effect, exceeds twenty percent (20%) or more) of the total square feet of the Improvements on the Property or a material portion of the Land (i) a copy of such Sublease (and the previously executed Subleases still in effect, if applicable) and (ii) such other instruments and documents as the Lessor and the Indenture Trustee shall reasonably request to ensure that such Sublease is subject to the Debt DocumentsLease. Lessee shall not be required to furnish copies to Lessor of any Sublease with an Affiliate of Lessee, nor shall any such Affiliate Subleases Sublease count against the 20% threshold set forth above. In no the event of any subleasing hereunder, Lessee shall Lessee grant any purchase options be entitled to any subtenants or modify any existing renewal or expansion rights in any Existing Sublease. Lessee receive and shall be permitted to extend the term and/or sublease additional space within the Property to subtenants having Existing Subleases providing retain 100% of any "profit" resulting from such additional subleased space or extensions to any terms are not for periods extending beyond the then in effect expiration of the Lease Term. The foregoing limitation shall not however, preclude or otherwise prohibit subtenants having Existing Subleases from exercising under the terms of their Existing Subleases any expansion rights or renewal options in effect as of the Lease Commencement DateSublease(s).

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 Indenture Trustee (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 (including to a Person that is an "investment company" or a Person "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended) or permit the occupancy of the Property or any portion or portions thereof by any Person (including to a Person that is an "investment company" or a Person "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended) (i) who is not a tax-tax exempt entity (within the meaning of Section 168(h) of the Code) and (ii) is not a debtor or debtor-in-debtor in possession in a voluntary or involuntary bankruptcy proceeding at the commencement of the sublease term. Any such sublease, sub-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 or surety, as though no Sublease had been made. From time to time, and Upon entering into any new Sublease (other than Subleases with Affiliates) during any period in which Guarantor (or Lessee if there is no more often than once annually, upon Lessor’s written requestGuarantor) has fallen below the Required Rating of the Trigger Rating, Lessee shall promptly forward to Lessor the names, businesses and square footage leased names of all subtenants and the terms of their respective Subleases (other than Subleases to Affiliates). In addition, in the event Guarantor (or Lessee if there is no Guarantor) has fallen below the Required Rating of the Trigger Rating, Lessee shall furnish to Lessor, the Servicer and the Indenture Trustee Lessor within thirty (30) days after the execution of each Sublease of twenty percent (20%) or more (or any Sublease, when aggregated with previously executed Subleases that are still in effect, exceeds twenty percent (20%) or more) of the total square feet of the Improvements improvements on the Property or a material portion of the Land (i) a copy of such Sublease (and the previously executed Subleases still in effect, if applicable) and (ii) such other instruments and documents as the Lessor and the Indenture Trustee shall reasonably request to ensure that such Sublease is subject to the Debt DocumentsLease. Lessee shall not be required to furnish copies to Lessor of any Sublease with an Affiliate of Lessee, nor shall any such Affiliate Subleases Sublease count against the 20% threshold set forth above. In no the event of any subleasing hereunder, Lessee shall Lessee grant any purchase options be entitled to any subtenants or modify any existing renewal or expansion rights in any Existing Sublease. Lessee receive and shall be permitted to extend the term and/or sublease additional space within the Property to subtenants having Existing Subleases providing retain 100% of any "profit" resulting from such additional subleased space or extensions to any terms are not for periods extending beyond the then in effect expiration of the Lease Term. The foregoing limitation shall not however, preclude or otherwise prohibit subtenants having Existing Subleases from exercising under the terms of their Existing Subleases any expansion rights or renewal options in effect as of the Lease Commencement DateSublease(s).

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 Indenture Trustee (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 (i) who is not a tax-exempt entity (within the meaning of Section 168(h) of the Code) and (ii) 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 or surety, as though no Sublease had been made. From time to time, and no more often than once annually, upon Lessor’s 's written request, Lessee shall forward to Lessor the names, businesses and square footage leased of all subtenants (other than Subleases to Affiliates). In addition, Lessee shall furnish to Lessor, the Servicer and the Indenture Trustee within thirty (30) days after the execution of each Sublease of twenty percent (20%) or more (or any Sublease, when aggregated with previously executed Subleases that are still in effect, exceeds twenty percent (20%) or more) of the total square feet of the Improvements on the Property or a material portion of the Land (i) a copy of such Sublease (and the previously executed Subleases still in effect, if applicable) and (ii) such other instruments and documents as the Lessor and the Indenture Trustee shall reasonably request to ensure that such Sublease is subject to the Debt Documents. Lessee shall not be required to furnish copies to Lessor of any Sublease with an Affiliate of Lessee, nor shall any such Affiliate Subleases count against the 20% threshold set forth above. In no event shall Lessee grant any purchase options to any subtenants or modify any existing renewal or expansion rights in any Existing Sublease. Lessee shall be permitted to extend the term and/or sublease additional space within the Property to subtenants having Existing Subleases providing any such additional subleased space or extensions to any terms are not for periods extending beyond the then in effect expiration of the Lease Term. The foregoing limitation shall not however, preclude or otherwise prohibit subtenants having Existing Subleases from exercising under the terms of their Existing Subleases any expansion rights or renewal options in effect as of the Lease Commencement Date.