Tenant’s Financing. Tenant shall have the right, at any time and from time to time, in addition to any other rights herein granted and without any requirement to obtain Landlord's consent to encumber any Excluded Property or to mortgage or grant a security interest in Tenant's leasehold interest in this Lease, any space leases and any other subleases, under one or more Leasehold Mortgages, and/or to assign this Lease and any subleases as collateral security for such Leasehold Mortgages. Tenant acknowledges that so long as any Leasehold Mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to Landlord, the following provisions shall apply in respect of such Leasehold Mortgagee notwithstanding any other provisions of this Lease to the contrary:
(i) Other than a cancellation or termination of this Lease as a result of the acquisition of the Premises pursuant to Section 2.5 or Section 2.6, there shall be no cancellation, termination, surrender, acceptance of surrender, amendment or modification of this Lease by joint action of Landlord and Tenant, nor shall Landlord recognize any such action by Tenant alone, without in each case the prior consent in writing of any Leasehold Mortgage (which shall not be unreasonably withheld, delayed or conditioned). Nor shall any merger result from the acquisition by, or devolution upon, any person or entity of both the fee estate in the Premises and the leasehold estate created by this Lease. Any attempted cancellation, termination, surrender, amendment, modification or merger of this Lease without the prior written consent of all Leasehold Mortgagees (which shall not be unreasonably withheld, delayed or conditioned) shall be of no force or effect;
(ii) Each Leasehold Mortgagee shall be given notice of any arbitration or action, suit or other proceeding or dispute between the parties and shall have the right to intervene therein and be made a party thereto if Tenant fails to do so. In any event, each Leasehold Mortgagee shall receive notice, and a copy, of any award, decision or judgment rendered in such arbitration, action, suit or other proceeding.
(iii) If there is a condemnation or taking by eminent domain in respect of the Premises, any award of payment which are to be paid to Tenant shall, if required under any Leasehold Mortgage, be paid instead to the Leasehold Mortgagees in accordance with the priority of their liens and in accordance with the terms of the applicable Leasehold Mortgag...
Tenant’s Financing. Tenant shall have the right to encumber its interest in the leasehold estate created by this Lease for the purpose of securing financing of its construction and business operations. Landlord agrees to execute such consents, waivers and agreements as Tenant’s lenders shall require in connection with such financing, in form reasonably acceptable to Landlord. Tenant shall reimburse Landlord for legal fees and expenses incurred by Landlord in connection with the review and negotiation of any such documents, in an amount not to exceed $1,000.
Tenant’s Financing. Notwithstanding any other provisions of this Lease, Tenant may, without Landlord's consent, from time to time, secure financing or general credit lines and grant the lenders thereof, as security therefor, (i) a security interest in the Personal Property, (ii) the right to enter the Leased Premises to realize upon any Personal Property so pledged, and/or (iii) a collateral assignment of Tenant's leasehold interest in the Leased Premises, with rights of reassignment; provided, however, such collateral assignment may be made solely for the purpose of securing Tenant's indebtedness.
Tenant’s Financing. Notwithstanding any other provisions of this Lease, Tenant may, without Landlord's consent, from time to time, secure financing or general credit lines and grant the lenders thereof, as security therefor, (i) a security interest in Tenant's fixtures, personalty, inventory and equipment (collectively, "Personalty"), (ii) the right to enter the Premises to realize upon any Personalty so pledged, and/or (iii) a collateral assignment of Tenant's leasehold interest in the Premises, with rights of reassignment; provided, however, such collateral assignment may be made solely for the purpose of securing Tenant's indebtedness. Upon Tenant providing notice of such financing to Landlord (which notice shall identify Tenant's lender and provide an initial address to which notices to such lender may be given by Landlord pending written notification of a change of address), Landlord agrees to evidence its consent in writing to such security interest and agreement and to give such lenders the same notice and opportunity to cure any default of Tenant as is provided Tenant hereunder. 24.
Tenant’s Financing. Tenant shall not pledge or encumber this Lease or enter into a financing lease and leaseback or comparable financing arrangement. Landlord shall cooperate with Tenant regarding any financing by Tenant which encumbers Removable Equipment or other personal property, including the execution of reasonable confirmations regarding the status of this Lease and the extent to which Tenant's lender may have access to the Premises to inspect or remove the Removable Equipment during the term hereof, and Tenant shall reimburse Landlord of all of its third party out of pocket costs and expenses, including its attorneys' fees in doing so. Tenant may enter into UCC fixture filings and/or financing statements for its Removable Equipment and other personal property.
Tenant’s Financing. Notwithstanding anything to the contrary herein, Tenant shall be permitted to finance its personal property on the Property at any time during the Term and in connection therewith, Landlord hereby waives any liens, it may have, by statute or otherwise, on Tenant’s personal property in the Property to the liens granted by Tenant to any lender financing such personal property. Upon ten (10) business days’ request by Tenant, Landlord shall execute appropriate waiver agreements in connection with financing or leasing of any personal property within the Property by Tenant.
Tenant’s Financing. Notwithstanding anything to the contrary herein, Tenant shall be permitted to finance its personal property in the Premises at any time during the Term and in connection therewith, Landlord hereby waives any liens, it may have, by statute or otherwise, on Tenant’s personal property in the Premises to the liens granted by Tenant to any lender financing such personal property. Upon ten (10) business days’ request by Tenant, Landlord shall execute appropriate waiver agreements in connection with financing or leasing of any personal property within the Premises by Tenant. u.
Tenant’s Financing. X. Xxxxxx shall have the right to subject the leasehold estate and any and all improvements to one or more mortgages as security for a loan or loans or other obligation of Tenant, provided that:
(1) The mortgage and all rights acquired under it shall be subject to all of the terms, covenants, conditions, and restrictions contained in this Lease and to all rights and interests of Landlord, except as otherwise provided in this Lease.
(2) Tenant shall give Landlord prior notice of any mortgage, together with a copy of it.
B. If Tenant defaults under the terms of any permitted leasehold mortgage, and the mortgagee acquires Tenant’s leasehold estate, whether by exercising its power of sale by judicial foreclosure, or by an assignment in lieu of foreclosure, or of exercise of power of sale, Tenant is still responsible for rents.
Tenant’s Financing. Landlord agrees that Tenant shall have the ------------------- right, at its discretion, to mortgage, hypothecate or convey a security interest in Tenant's equipment and personal property within the Premises as security for its obligations under any equipment and personal property within the Premises as security for its obligations under any equipment lease or other financing arrangement related to the conduct of tenant's business, provided that Landlord is not required to execute any documentation or perform any act in connection therewith and provided that Tenant shall not mortgage, hypothecate or convey a security interest in its leasehold estate hereunder.
Tenant’s Financing. Landlord recognizes that Tenant may obtain financing in order to perform improvements or alteration to the Premises or to purchase equipment, or to otherwise operate its business, and as security for such financing, Tenant may grant security interests in Tenant’s personal property, inventory, trade fixtures, laboratory equipment and removable fixtures and equipment located within the Premises. Landlord hereby waives any rights it may have to any security interest, landlord lien or other statutory, prejudgment lien on such items, and Landlord agrees to execute, upon request, a confirmation of such waiver in form satisfactory to Tenant and/or Tenant’s lenders. Nothing set forth in this Section 26 shall be construed to permit Tenant to assign, mortgage or otherwise encumber this Lease or the Premises.
