Common use of TERMINATION OF LEASE; NEW LEASE TO LEASEHOLD MORTGAGEE Clause in Contracts

TERMINATION OF LEASE; NEW LEASE TO LEASEHOLD MORTGAGEE. In the event (i) this Lease is terminated by reason of Tenant's default hereunder, or (ii) this Lease is disaffirmed in the event of Tenant's bankruptcy, then, within ten (10) days after such termination (which term as used herein shall include a disaffirmance) Landlord shall give notice to the Leasehold Mortgagee that this Lease has been terminated, together with a statement of any and all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, under this Lease then known to Landlord, and the Leasehold Mortgagee, by notice to Landlord, thereupon may request Landlord to enter into a new lease of the Leased Premises and Landlord shall enter into a new lease (the "New Lease") with the Leasehold Mortgagee (or its nominee, in which case the New Lease shall be guaranteed by the Leasehold Mortgagee on terms acceptable to Landlord), within 60 days after the giving of such notice by the Leasehold Mortgagee provided that the Leasehold Mortgagee shall have cured or caused to be cured any defaults of Tenant existing at the date of termination. The New Lease shall commence and Rent and all obligations of the Tenant under the New Lease shall accrue, as of the date of termination of this Lease. The term of the New Lease shall continue for the period which would have constituted the remainder of the term of this Lease had this Lease not been terminated. The New Lease shall be upon all of the terms, covenants, conditions, conditional limitations, and agreements contained herein which were in force and effect immediately prior to the termination of this Lease and shall provide an indemnity of Landlord from the Leasehold Mortgagee against any claims by or on behalf of Tenant as its affiliates or creditors on account of the New Lease. The New Lease, and this covenant, shall be superior to all rights, liens, estates, titles and interests, other than those to which this Lease shall have been subject immediately prior to termination and those matters to which this Lease may, by its terms, become subject. The provisions of the immediately preceding sentence shall be self-executing, and Landlord shall have no obligation to do anything (other than to execute such New Lease as herein provided) to assure to the Leasehold Mortgagee or to the tenant under the New Lease good title to the leasehold estate and the other estates, rights, titles and interests granted thereby. Simultaneously therewith, Landlord shall pay over to the Leasehold Mortgagee all monies on deposit with Landlord, if any, which Tenant would have been entitled to use but for the termination of this Lease for the purposes of and in accordance with the provisions of the New Lease. Each subtenant of space in the Leased Premises whose sublease was in force and effect immediately prior to the delivery of the New Lease shall attorn to the tenant under the New Lease, unless such tenant shall, at its option, elect to dispossess such subtenant or otherwise terminate the sublease held by such subtenant. The Leasehold Mortgagee shall, simultaneously with the delivery of the New Lease, pay to Landlord (1) all rent and other sums of money due under this Lease on the date of termination of this Lease and remaining unpaid; plus

Appears in 2 contracts

Samples: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc)

AutoNDA by SimpleDocs

TERMINATION OF LEASE; NEW LEASE TO LEASEHOLD MORTGAGEE. In the event (i) this Lease is terminated by reason of Tenant's default hereunder, or (ii) this Lease is disaffirmed in the event of Tenant's bankruptcy, then, within ten (10) days after such termination (which which~term as used herein shall include a disaffirmance) Landlord shall give notice to the Leasehold Mortgagee that this Lease has been terminated, together with a statement of any and all sums which would at that time be due under this Lease but for such termination, and of all other defaults, if any, under this Lease then known to Landlord, and the Leasehold Mortgagee, by notice to Landlord, thereupon may request Landlord to enter into a new lease of the Leased Premises and Landlord shall enter into a new lease (the "New Lease") with the Leasehold Mortgagee (or its nominee, in which case the New Lease shall be guaranteed by the Leasehold Mortgagee on terms acceptable to Landlord), within 60 days after the giving of such notice by the Leasehold Mortgagee provided that the Leasehold Mortgagee shall have cured or caused to be cured any defaults of Tenant existing at the date of termination. The New Lease shall commence and Rent and all obligations of the Tenant under the New Lease shall accrue, as of the date of termination of this Lease. The term of the New Lease shall continue for the period which would have constituted the remainder of the term of this Lease had this Lease not been terminated. The New Lease shall be upon all of the terms, covenants, conditions, conditional limitations, and agreements contained herein which were in force and effect immediately prior to the termination of this Lease and shall provide an indemnity of Landlord from the Leasehold Mortgagee against any claims by or on behalf of Tenant as its affiliates afffiliates or creditors on account of the New Lease. The New Lease, and this covenant, shall be superior to all rights, liens, estates, titles and interests, other than those to which this Lease shall have been subject immediately prior to termination and those matters to which this Lease may, by its terms, become subject. The provisions of the immediately preceding sentence shall be self-executing, and Landlord shall have no obligation to do anything (other than to execute such New Lease as herein provided) to assure to the Leasehold Mortgagee or to the tenant under the New Lease good title to the leasehold estate and the other estates, rights, titles and interests granted thereby. Simultaneously therewith, Landlord shall pay over to the Leasehold Mortgagee all monies on deposit with Landlord, if any, which Tenant would have been entitled to use but for the termination of this Lease for the purposes of and in accordance with the provisions of the New Lease. Each subtenant of space in the Leased Premises whose sublease was in force and effect immediately prior to the delivery of the New Lease shall attorn to the tenant under the New Lease, unless such tenant shall, at its option, elect to dispossess such subtenant or otherwise terminate the sublease held by such subtenant. The Leasehold Mortgagee shall, simultaneously with the delivery of the New Lease, pay to Landlord (1) all rent and other sums of money due under this Lease on the date of termination of this Lease and remaining unpaid; plus

Appears in 1 contract

Samples: Industrial Building Lease (Motors & Gears Inc)

AutoNDA by SimpleDocs

TERMINATION OF LEASE; NEW LEASE TO LEASEHOLD MORTGAGEE. In the event (i) this Lease lease is terminated by reason of Tenant's default hereunder, or (ii) this Lease lease is disaffirmed in the event of Tenant's bankruptcy, then, within ten (10) days after such termination (which term as used herein shall include a disaffirmance) Landlord shall give notice to the Leasehold Mortgagee that this Lease lease has been terminated, together with a statement of any and all sums which would at that time be due under this Lease lease but for such termination, and of all other defaults, if any, under this Lease lease then known to Landlord, and the Leasehold Mortgageeleasehold mortgagee, by notice to Landlord, thereupon may request Landlord to enter into a new lease New Lease of the Leased Premises and Landlord shall enter into a new lease New Lease (the "New Lease") with the Leasehold Mortgagee (or its nominee, in which case the New Lease shall be guaranteed by the Leasehold Mortgagee on terms acceptable to Landlord), within 60 days after the giving of such notice by the Leasehold Mortgagee provided that the Leasehold Mortgagee shall have cured or caused to be cured any defaults of Tenant existing at the date of termination. The New Lease shall commence and Rent and all obligations of the Tenant under the New Lease shall accrue, as of the date of termination of this Lease. The term of the New Lease shall continue for the period which would have constituted the remainder of the term of this Lease lease had this Lease lease not been terminated. The New Lease shall be upon all of the terms, covenants, conditions, conditional limitations, and agreements contained herein which were in force and effect immediately prior to the termination of this Lease and shall provide an indemnity of Landlord from the Leasehold Mortgagee against any claims by or on behalf of Tenant as its affiliates or creditors on account of the New Lease. The New Lease, and this covenant, shall be superior to all rights, liens, estates, titles and interests, other than those to which this Lease shall have been subject immediately prior to termination and those matters to which this Lease may, by its terms, become subject. The provisions of the immediately preceding sentence shall be self-executing, and Landlord shall have no obligation to do anything (other than to execute such New Lease as herein provided) to assure to the Leasehold Mortgagee or to the tenant under the New Lease good title to the leasehold estate and the other estates, rights, titles and interests granted thereby. Simultaneously therewith, Landlord shall pay over to the Leasehold Mortgagee all monies on deposit with Landlord, if any, which Tenant would have been entitled to use but for the termination of this Lease for the purposes of and in accordance with the provisions of the New Lease. Each subtenant of space in the Leased Premises whose sublease was in force and effect immediately prior to the delivery of the New Lease shall attorn to the tenant under the New Lease, unless such tenant shall, at its option, elect to dispossess such subtenant or otherwise terminate the sublease held by such subtenant. The Leasehold Mortgagee shall, simultaneously with the delivery of the New Lease, pay to Landlord (1) all rent and other sums of money due under this Lease on the date of termination of this Lease and remaining unpaid; plus.

Appears in 1 contract

Samples: Industrial Building Lease (Motors & Gears Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!