Tenant Financing. If, in connection with granting any Permitted Leasehold Mortgage or entering into a Debt Agreement, Tenant shall reasonably request (A) reasonable cooperation from Landlord, Landlord shall provide the same at no cost or expense to Landlord, it being understood and agreed that Tenant shall be required to reimburse Landlord for all such costs and expenses so incurred by Landlord, including, but not limited to, its reasonable attorneys’ fees, or (B) reasonable amendments or modifications to this Master Lease as a condition thereto, Landlord hereby agrees to execute and deliver the same so long as any such amendments or modifications do not (i) increase Landlord’s monetary obligations under this Master Lease, (ii) adversely increase Landlord’s non-monetary obligations under this Master Lease in any material respect, (iii) diminish Landlord’s rights under this Master Lease in any material respect, (iv) adversely impact the value of the Leased Property or (v) adversely impact Landlord’s (or any Affiliate of Landlord’s) tax treatment or position.
Tenant Financing. Tenant shall have the absolute right from time to time during the Term hereof to grant and assign a mortgage or other security interest in Tenant’s interest in this Lease with the prior written consent of the Landlord, not to be unreasonably withheld, and without Landlord’s further approval, written or otherwise, all of Tenant’s property located on or used in connection with the Premises to Tenant’s lenders in connection with Tenant’s financing arrangements. Landlord agrees to execute such confirmation certificates and other documents (except amendments to this Lease unless Landlord hereafter consents) as Tenant’s lenders may reasonably request in connection with any such financing.
Tenant Financing. Tenant shall have the absolute right from time to time during the Term hereof and without Landlord's further approval, written or otherwise, to grant and assign a mortgage or other security interest in Tenant's interest in this Lease and all of Tenant's Property to Tenant's lenders in connection with Tenant's financing arrangements. Landlord agrees to execute such amendments, confirmation, certificates and other documents as Tenant's lenders may reasonably request in connection with any such financing.
Tenant Financing. Tenant shall have the absolute right from time to time during the term of the Lease and without Landlord’s or Lender’s further approval written or otherwise, to collaterally assign or to grant and assign a mortgage or other security interest in Tenant’s interest in the Lease and all of Tenant’s property to Tenant’s lenders in connection with Tenant’s financing arrangements. Lender agrees to execute such confirmation certificates and other documents as Tenant’s lenders may reasonably request in connection with any such financing provided the same are in a form acceptable to Lender.
Tenant Financing. Notwithstanding anything contained herein to the contrary, Tenant shall have the right at any time to encumber all or any part of its interest in this Lease, or in its equipment or trade fixtures located at the Leased Premises with a lien to secure financing.
Tenant Financing. Tenant shall not mortgage or encumber the leasehold estate created by this Lease without Landlord's prior consultation, review and consent. Landlord may give or withhold such consent in Landlord's reasonable discretion. Tenant acknowledges that fixtures and equipment incorporated in or affixed to the Premises, to the extent paid for by the Allowance, constitute real property improvements to be surrendered upon termination of the Lease.
Tenant Financing. (1) Tenant shall have the right to mortgage or otherwise encumber its interests under this Lease and Sublease. Tenant shall notify Landlord of the existence, identity, and address of any Leasehold Mortgagee, and shall provide Landlord with a copy of all recorded instruments constituting the Leasehold Mortgage; Landlord acknowledges that Tenant has or may enter into a Leasehold Mortgage with U.S. Bank National Association. So long as any such Leasehold Mortgage shall remain unsatisfied of record, the following provisions shall apply:
(a) Landlord and Tenant shall not cancel, surrender, or modify this Lease and Sublease without first obtaining the consent of any Leasehold Mortgagee, which consent shall not be unreasonably withheld; provided, however, nothing herein shall prevent the termination of this Lease upon Tenant's uncured default, subject to Leasehold Mortgagee's right to cure such default as set forth herein.
(b) Landlord, upon providing Tenant any notice of default, or of a matter upon which Landlord may predicate or claim a default, or any notice of termination of this Lease and Sublease, shall at the same time provide a copy of such notice to every Leasehold Mortgagee of which Landlord has been provided notice in accordance with this section. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been so provided to every Leasehold Mortgagee of which Landlord has been provided notice in accordance with this section. From and after the date such notice has been given to Leasehold Mortgagee, such Leasehold Mortgagee shall have the same period, after the giving of such notice upon it, for remedying any default or acts or omissions which are the subject matter of such notice which can be remedied by such Leasehold Mortgagee, or causing the same to be remedied, as is given to Tenant in such Notice.
(c) If Tenant shall acquire trade fixtures, equipment, machinery, inventory, or other goods and effects ("Personal Property") subject to a purchase money security interest, or if any lender provides Tenant with financing, the proceeds of which are intended to enable Tenant to use and occupy the Leased Premises or to operate Tenant's business thereon, and such financing is secured in whole or in part by the Personal Property, Landlord shall, upon request from Tenant, execute a waiver, in favor of any such secured party, waiving its statutory landlord's lien against the Personal Property, and shall all...
Tenant Financing. 97 ARTICLE XXXIV 34.1 Expert Valuation Process. ................................................................................................. 98 ARTICLE XXXV 35.1 Notices. ............................................................................................................................. 99 ARTICLE XXXVI 36.1 Transfer of Tenant’s Property and Operational Control of the Facilities. ...................... 100 36.2 Determination of Successor Xxxxxx and Gaming Assets FMV. ..................................... 101 36.3
Tenant Financing. If, in connection with granting any Permitted Leasehold Mortgage or entering into a Debt Agreement, Tenant shall reasonably request (A) reasonable cooperation from Landlord, Landlord shall provide the same at no cost or expense to Landlord, it being understood and agreed that Tenant shall be required to reimburse Landlord for all such costs and expenses so incurred by Landlord, including, but not limited to, its reasonable out-of-pocket attorneys’ fees, or (B) reasonable amendments or modifications to this Master Xxxxx as a condition 97 ACTIVE/103726432.5 US-DOCS\116344257.8
Tenant Financing. LEASEHOLD MORTGAGES 18 6.1 Tenant’s Right to Finance Generally 18 6.2 Leasehold Mortgages; Protective Provisions 19 6.3 Financing Terms 22 6.4 Cross Default Prohibition 22 Term Page # ARTICLE 7 ASSIGNMENT, MORTGAGES AND SUBLETTING 22 7.1 Assignment 22 7.2 Covenant Against Encumbrance 24 7.3 Space Leasing 24 7.4 Right of First Offer to Lease Available Space 27 7.5 Subordination; Attornment 28 ARTICLE 8 PREEMPTIVE RIGHTS 30 8.1 Right of First Offer to Purchase 30 ARTICLE 9 MANAGEMENT, MAINTENANCE AND REPAIR OF MOB 32 9.1 Management of Property and MOB 32 9.2 Maintenance of Improvements 33 9.3 Alterations 33 9.4 Utilities 34 9.5 No Landlord Services 34 9.6 Compliance with Legal Requirements 34 9.7 No Change in Zoning 34 9.8 Contest of Laws 34 9.9 Telecommunications Equipment and Services 35 9.10 Access Rights for Other Personal Property 36 9.11 Landlord’s Right to Perform Tenant’s Covenants 37 ARTICLE 10 INSURANCE AND INDEMNIFICATION 37 10.1 Tenant’s Insurance 37 10.2 Landlord’s Insurance 38 10.3 Indemnification of Landlord by Tenant 38 10.4 Indemnification of Tenant by Landlord 38 10.5 Hazardous Material – Property 39 10.6 Hazardous Material – Common Areas 40 10.7 Survival. 41 ARTICLE 11 DAMAGE OR DESTRUCTION 41 11.1 Duty to Repair 41 11.2 Tenant’s Failure to Repair 41 11.3 Payment of Proceeds 41 11.4 No Abatement 42 ARTICLE 12 CONDEMNATION 43 12.1 Participation in Proceedings 43 12.2 Definitions 43 12.3 Effect of Taking; Termination of Lease 43 12.4 Allocation of Proceeds 43 12.5 Continuation of Lease After Taking 43 Term Page # 12.6 Certain Damages Not Collectible by Tenant 44 12.7 Taking of Lesser Interests 44 12.8 Taking for Temporary Use 44 12.9 Rights of Leasehold Mortgagee 45 ARTICLE 13 SURRENDER 45 13.1 Surrender of Property 45 13.2 Removal of Certain Property 45 13.3 Property Not Removed 45 13.4 Failure to Vacate 46 13.5 Survival of Terms 46 ARTICLE 14 NOTICE 46 14.1 Notice 46 ARTICLE 15 DEFAULT; REMEDIES 47 15.1 Default of Tenant 47 15.2 Default of Landlord 49 15.3 Remedies 49 15.4 No Waiver 50 15.5 Tenant’s Remedies 50 15.6 Tenant’s Bankruptcy 50 ARTICLE 16 QUIET ENJOYMENT 52 16.1 Tenant’s Right to Quiet Enjoyment 52 16.2 Landlord’s Right of Entry 52 ARTICLE 17 ESTOPPEL CERTIFICATES 52 17.1 Estoppel Certificates 52 ARTICLE 18 LANDLORD’S LIABILITY 53 18.1 Definition of Landlord 53 18.2 Limitation on Landlord’s Liability 54 ARTICLE 19 BROKERS 54 19.1 Indemnification for Leasing Commissions 54 ARTICLE 20 MISCELLANEOUS 54 20.1 Waiver 54 20.2 Entire Ag...
