Tenant Agreements. Notwithstanding that each Tenant shall accept the Agreement, MSP will enter into a Tenant Agreement with each of its Tenants which will be at least as protective of Entrust Datacard (and its Affiliates, licensors, suppliers and hosting providers) and the Service as the terms and conditions of the Agreement. Tenant Agreement will: (i) not make any representation or warranty on behalf of Entrust Datacard (and its Affiliates, licensors, suppliers and hosting providers) or create or purport to create any obligation or liability on Entrust Datacard (and its Affiliates, licensors, suppliers and hosting providers); (ii) disclaim any and all liability on behalf of Entrust Datacard (and its Affiliates, licensors and suppliers); (iii) name Entrust Datacard (and its Affiliates, licensors, suppliers and hosting providers) and their respective officers, directors, employees, and contract workers as indemnified parties in any indemnification obligation benefiting MSP; (iv) make Entrust Datacard (and its Affiliates, licensors, suppliers and hosting providers) third-party beneficiaries to the clauses implementing (ii) and (iii) above; and (v) cause Tenant to provide all appropriate notices to Users and obtain from the Users all necessary consents required for MSP to meet its obligations to Entrust Datacard under the Agreement. MSP will comply with all requirements relating to onboarding of Tenants as set out in the Documentation. If MSP agrees to the terms and conditions of the Agreement on behalf of a Tenant (e.g. an MSP administrator clicks the “I Accept”, “Start Trial” or similar button, and/or checks the box presented with these Terms of Service), MSP represents and warrants that it has legal authority to bind such Tenant, and shall ensure that Tenant is made aware of and complies with all the applicable terms and conditions in the Agreement.
Tenant Agreements. The Tenant waives any and all rights to terminate the Lease by reason of the foreclosure of the Deeds of Trust or termination of the Landlord’s leasehold estate in the Leased Premises. The Tenant hereby covenants and agrees that: (a) the Tenant shall not pay any rent or additional rent under the Lease more than one month in advance of the date required by the Lease; (b) the Tenant shall not amend, modify, cancel or terminate the Lease in any manner which results in a reduction of square footage or rent or other charges payable by Tenant, which materially decreases obligations of Tenant under the Lease, or which materially increases the obligation of landlord under the Lease or permits an earlier termination or expiration thereof, or which modifies the assignment provisions, the estoppel provisions, or the use restrictions, without Lender’s prior written consent, and any attempted amendment, modification, cancellation or termination of the Lease without such consent shall be of no force or effect as to Lender; (c) the Tenant shall not voluntarily subordinate the Lease to any lien or encumbrance, except as provided herein; (d) the Tenant shall not mortgage its interest under the Lease without Lender’s prior written consent; (e) Tenant shall not, without the Landlord’s prior written consent, assign the Lease or sublet the Leased Premises or any part thereof except for any assignment or sublease that is permitted under the Lease without the consent of Landlord provided Lender receives notice of such assignment; (f) this Agreement satisfies any requirement in the Lease relating to the granting of a non-disturbance agreement for the Deeds of Trust; and (g) Tenant shall deliver to Lender, from time to time and within twenty (20) days from the date of request, a written statement in form and substance satisfactory to Lender and Tenant certifying to certain matters relating to the Lease; and (h) in the event any Lender assumes Landlord’s obligations under the Lease, following written notice thereof from such Lender to the Tenant, the Tenant agrees to provide such Lender, as landlord, copies of any notices of default given thereafter under the Lease.
Tenant Agreements. If applicable, subordination agreements and estoppel certificates from tenants leasing space in the Property.
Tenant Agreements. Tenant agrees that:
A. Tenant shall send a copy of any notice of a default by Landlord under the Lease to Lender at the same time such notice is sent to Landlord; and
B. Without Lender's prior written consent, which shall not be unreasonably withheld, Tenant shall not (i) pay any rent (however denominated) or other charges under the Lease more than one (1) month in advance (provided that Lender may, without limitation, condition its consent to any such prepayment on the deposit of such amounts with Lender), (ii) cancel, terminate or surrender the Lease, except at the normal expiration of the Lease term or as expressly provided for in the Lease or pursuant to applicable law, or (iii) enter into any amendment or modification of the Lease. Any amendment or modification of the Lease entered into without Lender's prior written consent shall not be valid; and
C. Any right of first offer, right of first refusal or purchase option set forth in the Lease or in any other agreement shall not apply to, or be exercisable by Tenant with respect to, the transfer of the Project and/or the Leased Premises through the foreclosure of the Security Instrument or a deed in lieu or in aid thereof [or to any subsequent transfer by Purchaser.] [Notwithstanding the foregoing, such right of first offer, right of first refusal or purchase option shall apply to any bona fide transfer of the Project and/or the Leased Premises, as applicable, to a third party after such foreclosure or deed in lieu or in aid thereof.] EXHIBIT D
Tenant Agreements in consideration for Lender's entering into this Agreement, Tenant hereby agrees in favor of Lender as follows:
(a) This Agreement, as to Tenant, constitutes a security agreement under the California Uniform Commercial Code, and Tenant hereby grants to Lender a security interest in and to all tangible and intangible personal property owned by Tenant or in which Tenant has any right, title or interest and used by Buyer or Tenant in connection with the Mortgaged Property, including, without limitation, (i) all equipment, fittings, furniture, furnishings, appliances, apparatus, and machinery now or hereafter installed in the Mortgaged Property, and all building materials, supplies and equipment now or hereafter delivered to the Mortgaged Property and intended to be installed therein; all fixtures, other goods and personal property of whatever kind and nature now contained on or in or hereafter placed on or in the Mortgaged Property and used or to be used in connection with the letting or operation thereof, including, without limitation, all inventories of items provided to or for the use of, or held by Tenant for sale to, hotel guests, facilities users, restaurant patrons or members of the public, including, without limitation, linens, tableware, glassware, utensils, toiletries, food items, beverages, and gift, sundry and/or newspaper shop items and inventories; (ii) all room rents and charges, reservation charges, forfeited room reservation deposits, food and beverage revenues, parking revenues, revenues from telephones, copying, telecopying or television usage, and all other fees, charges, accounts and other payments for the use or occupancy of rooms and other public facilities or areas in the Mortgaged Property; (iii) all accounts, escrows, documents, instruments and general intangibles, and all contract rights, franchises, books, records, plans, specifications, permits, licenses, approvals, actions and causes of action which now or hereafter relate to, derive from or are used in connection with the Mortgaged Property or the use or operation thereof or the conduct of any business or activities thereon, including, without limitation, all right, title and interest of Tenant in and under the Escrow Account established under the Escrow Agreement, and the Management Agreement, as amended by the Marriott Agreements Amendment; and (iv) all proceeds and products of any of the foregoing. Tenant grants to Beneficiary such security interest as security for the paymen...
Tenant Agreements a. Tenant agrees that it will not (i) terminate or allow or consent to the termination of the Lease other than upon the expiration or termination thereof with respect to any particular property or properties pursuant to Section 1.4 (Renewal Terms), 8.2 (Compliance with Legal and Insurance Requirements, etc.), 14.5 (Insurance Proceeds Paid to Facility Mortgagee) or 15.5 (Termination of Master Lease; Abatement of Rent) of the Lease or (ii) enter into any amendment, waiver or modification to the Lease if such amendment, waiver or modification (A) shortens the remaining term of the Lease to less than 10 years including extension or renewal options from the date of such amendment, waiver or modification, or (B) amends, waives or modifies Article XIV (Insurance Proceeds), Article XV (Condemnation), Article XVI (Events of Default), Article XVII (Leasehold Mortgagees), Article XXII (Assignments) or Article XXXVI (Organized Sale Process), in each case of this clause (B) in a manner adverse in any material respect to the interests of the Lenders,
b. Tenant shall not transfer its rights or obligations under the Lease to any Person other than to Borrower (without the consent of the Lenders).
c. Tenant shall cause any of its lenders to acknowledge and agree to recognize the rights of the Administrative Agent and the Lenders pursuant to this Agreement.
d. Tenant shall not (i) incur or permit to exist any lien on its interest in the Lease (other than a Permitted Encumbrance (as defined in the Credit Agreement) of the type described in clause (a), (h) (but only to the extent granted in favor of a Wireline Company) or (i) of the definition thereof) or (ii) incur Indebtedness (as defined in the Credit Agreement) other than (i) Indebtedness owed by Tenant to any Wireline Company (as defined in the Credit Agreement) and (ii) guarantees made by Tenant of any obligations (other than Indebtedness) of any Wireline Company incurred in the ordinary course of business, including with respect to contingent obligations under purchase agreements or sale agreements by its subsidiaries.
Tenant Agreements. *1. The TENANT understands and agrees that HIS/HER household will no longer be eligible for occupancy in this project if their income exceeds the maximum allowable adjusted income as defined periodically by RD for County, Nebraska. I further understand and agree that should I be permitted to occupy the apartment unit when my income exceeds maximum limits, I shall pay a 25 percent rental rate surcharge in addition to my rental rate. (Surcharge applies only to Plan I projects.)
Tenant Agreements. A lease subordination from the Borrower as to the Grantor’s real property pledged to the Bank.
Tenant Agreements. Tenant agrees that:
A. Tenant shall send a copy of any notice of a default by Landlord under the Lease to Lender at the same time such notice is sent to Landlord; and
B. without Lender's prior written consent, Tenant shall not (i) pay any rent (however denominated) or other charges under the Lease more than one (1) month in advance, (ii) cancel, terminate or surrender the Lease, except at the normal expiration of the Lease term or as expressly provided in the Lease or pursuant to applicable law, or (iii) enter into any amendment or modification of the Lease. Lender's consent to any amendment or modification of the Lease shall not be unreasonably withheld or delayed. Any amendment or modification entered into without Lender's consent shall not be valid; and
C. Upon the occurrence of any event of default by Landlord under the Loan Documents and the expiration of any applicable cure periods expressly provided for under the Loan Documents, Lender, at all times, independent of Landlord, shall have the standing and right to enforce, by injunction or otherwise, all or any provisions in the Lease as though Lender originally was a party thereto.
Tenant Agreements. Tenant agrees that:
A. Pursuant to Section 34 of the Lease, Tenant shall send a copy of any notice of a default by Landlord under the Lease to Lender at the same time such notice is sent to Landlord; and
B. without Lender's prior written consent, Tenant shall not (i) pay any rent (however denominated) or other charges under the Lease more than one (1) month in advance or (ii) cancel, terminate or surrender the Lease, except at the normal expiration of the Lease term or as expressly provided in the Lease or pursuant to applicable law. Any amendment or modification to the Lease entered into without Lender's prior written consent to the extent such consent is required under the Loan Documents shall not be binding upon Lender or any Purchaser; and
C. Upon the occurence of any event of default by Landlord under the Loan Documents and the expiration of any applicable cure periods expressly provided for under the Loan Documents, Lender, at all times, independent of Landlord, shall have the standing and right to enforce, by injunction or otherwise, all or any provisions in the Lease as though Lender originally was a party thereto.
