TENANT'S RIGHT TO MORTGAGE. Tenant, in its sole discretion, shall have the right, from time to time, to borrow money and grant as security therefore a mortgage (or deed of trust) on Tenant's leasehold interest covering the Demised Premises upon such terms and conditions as are satisfactory to Tenant.
TENANT'S RIGHT TO MORTGAGE. Tenant shall have the right to mortgage, pledge or grant a security interest in its interest in the Premises and in its leasehold in the Premises, and interest in the Improvements, furnishings, furniture, equipment, fixtures, and personal property thereon, from time to time by one or more mortgages, deeds of trust, deeds to secure debt, security agreements or other appropriate instruments, subject to this Section 24 and, if the same occurs during the Basic Term, the consent of the Qualified Fee Mortgagee to the extent required under the Basic Term Loan Documents. Tenant may, subject to obtaining any consent required pursuant to the Basic Term Loan Documents but without the consent of Landlord, execute and deliver from time to time one or more mortgages of, or pledges or grants of a security interest in, its interest in the Premises (including its leasehold and its interest in the Improvements) to one or more Institutional Lenders, each of which mortgages shall encumber no other premises or any interest therein and shall provide in substance that the mortgagee thereunder waives any right to retain and apply any Taking award to the extent such award is required to be applied otherwise by the express terms of this Lease (each such mortgage or instrument being herein referred to as a "Leasehold Mortgage" until it is discharged or satisfied). The lien of a Leasehold Mortgage shall in all events be subject and subordinate to the lien of the Qualified Fee Mortgage but prior to any "landlord" or similar lien now or hereafter existing upon personal property in connection with the Premises, but shall be subordinate to the Basic Term Loan and, if applicable the Extended Term Loan and the Qualified Fee Mortgage securing same. At any time after the execution and delivery of a Leasehold Mortgage, Tenant may send Landlord a notice ("Tenant's Notice") advising of the existence thereof and the address of the mortgagee or beneficiary thereunder for the service of notice, which notice shall be accompanied by conformed copies of such Leasehold Mortgage, the note or other obligation secured thereby and all other documents securing such note or obligation and a certificate of Tenant to the effect that such copies are correct and complete. Each mortgagee or beneficiary under a Leasehold Mortgage with respect to which a notice is given to Landlord in accordance with the immediately preceding sentence is herein referred to as a "Leasehold Mortgagee" until the related Leasehold Mor...
TENANT'S RIGHT TO MORTGAGE. Tenant shall have the absolute and unconditional right, without Landlord’s consent, to execute and deliver Leasehold Mortgage(s) encumbering this Lease and the Leasehold Estate at any time and from time to time during the Term. Landlord shall not be required to join in or “subordinate” the Fee Estate to any Leasehold Mortgage. If Tenant exercises this right, the provisions of Exhibit “G” shall be applicable and shall govern the effect of any rights arising under any Leasehold Mortgage(s) executed and delivered by Tenant as if such provisions were fully set forth in this Lease. The parties shall execute such further documents as may be required to effect the foregoing.
TENANT'S RIGHT TO MORTGAGE. Section 12.1 of the Existing Lease is hereby deleted in its entirety, and the following text is substituted therefor:
TENANT'S RIGHT TO MORTGAGE. 11.01. Tenant shall have the right, without Landlord's approval, to mortgage its interest in this Lease, or to pledge, sale-leaseback, or otherwise assign this Lease as security for financing.
TENANT'S RIGHT TO MORTGAGE. Provided Tenant is not in default under this Lease, and subject to the terms and conditions set forth in this Lease, Tenant shall have the right to encumber its leasehold interest by one or more mortgages, deeds of trust, security agreements or otherwise (a "Leasehold Mortgage"); subject, however, to the limitations set forth in this Section 13. Any such Leasehold Mortgage shall be subject and subordinate to the rights of Landlord under this Lease.
TENANT'S RIGHT TO MORTGAGE. Tenant may at any time and from time to time (and as many times as it desires) mortgage, hypothecate or pledge this Ground Lease and the leasehold estate created hereby and the interest of Tenant in and to this Ground Lease, together with Tenant's right, title and interest in the Improvements and Personalty and Tenant's interest in any and all subleases and in and to all rents due or to become due thereunder (herein called a "Leasehold Mortgage"; and the holder of any such Leasehold Mortgage, whether or not the same is recorded of record, is herein called a "Leasehold Mortgagee"). Landlord and Tenant agree that so long as any such Leasehold Mortgage exists:
TENANT'S RIGHT TO MORTGAGE. Notwithstanding the restrictions in Section 13.1.1 above, Tenant shall have the right, from time to time, without Landlord’s consent, to mortgage Tenant’s leasehold estate (but not Landlord’s interest in the Property) to a Permitted Mortgagee (as defined below) if (and only if) such Permitted Mortgagee executes and delivers to Landlord a written agreement providing that (i) such Permitted Mortgagee shall have no lien against Landlord’s fee simple title to the Demised Premises; (ii) such Permitted Mortgagee’s lien is subject in all respects to the rights of Landlord under this Lease, including its interest in the Building and the Tenant Improvements that will become the property of Landlord upon the expiration or earlier termination of this Lease; (iii) if a Single Tenant Office Lease Agreement Horizon Health Corporation - 21
TENANT'S RIGHT TO MORTGAGE. Tenant may at any time and from time to time mortgage, hypothecate, transfer, assign or pledge this Ground Lease and the leasehold estate created hereby (the "TENANT LEASEHOLD ESTATE") and the interest of Tenant in and to this Ground Lease together with Tenant's right, title and interest in the Project and Tenant's interest in any and all subleases and in and to all rents due or to become due thereunder (herein called a "LEASEHOLD MORTGAGE") to secure indebtedness in favor of third parties from time to time designated by Tenant in accordance with this Section 12.3. The granting or other consummation of any such Leasehold Mortgage may be effected without any requirement that Tenant obtain any approval or consent of Landlord. The holder of any indebtedness that is secured by such Leasehold Mortgage, or if there is more than one holder of such indebtedness, then the representatives of, or agent designated by such holders, shall be a "LEASEHOLD MORTGAGEE" if: (1) Tenant delivers written notice of such Leasehold Mortgage to Landlord, which notice shall include the name and address of Leasehold Mortgagee; and (2) such Leasehold Mortgage is recorded in the Official Records.
TENANT'S RIGHT TO MORTGAGE. The Tenant may mortgage its interest in this Lease provided Tenant has no right to encumber Landlord's fee interest in the Land, and provided Tenant complies with Article 16 hereof relating to Mortgages.
