Common use of Whole Facility Subleases Clause in Contracts

Whole Facility Subleases. Notwithstanding anything to the contrary set forth herein, upon Tenant's satisfaction of the conditions set forth below in this clause (d), Tenant shall be permitted to sublease up to six (6) of the Facilities to third party owner/operators of independent living facilities or senior living facilities. Any subleases under this Paragraph 15(d) shall be subject to the satisfaction of the following conditions: (i) Tenant shall have received Landlord's prior written consent both with respect to the identity of the proposed sublessee and with respect to the form and content of the proposed sublease, which consent under this clause (i) shall not be unreasonably withheld, (ii) if required under the terms of any applicable Facility Mortgage(s) affecting the Leased Properties proposed to be subleased, Tenant shall have received the applicable Facility Mortgagee's prior written consent to such sublease, (iii) Tenant shall promptly after demand by Landlord reimburse Landlord and any applicable Facility Mortgagee for any out-of-pocket costs (including reasonable attorneys' fees and disbursements) incurred by Landlord or any such Facility Mortgagee in reviewing the proposed sublease documents or any preparing any consent agreements, (iv) the sublease by its terms shall be expressly subject and subordinate to the interests of Landlord under this Lease, and any such sublease shall provide that upon the termination of this Lease, at Landlord's option, such sublease will either (x) terminate and be of no further force and effect, whereupon the subtenant shall immediately quit and vacate the Leased Property, or (y) continue in effect as a direct lease between Landlord , as the landlord thereunder, and the subtenant, as the tenant thereunder, (v) the terms of the subleasing transaction shall otherwise comply with Paragraph 15(c), and (vi) Landlord shall have determined, in Landlord's discretion reasonably exercised, that Tenant's entering into the proposed sublease would not adversely affect the status or the treatment of Landlord or its direct or indirect Parent as a REIT under applicable REIT regulations. If Tenant enters into one (1) or more subleases contemplated under this Paragraph 15(d), Tenant shall remain fully liable for all of Tenant's obligations under this Lease, and no such sublease shall release or relieve Tenant of any of Tenant's duties or obligations under this Lease, including, without limitation, the obligation to pay Rent applicable to any sublet Leased Property.

Whole Facility Subleases. Notwithstanding anything to the contrary set forth herein, upon Tenant's satisfaction of the conditions set forth below in this clause (d), Tenant shall be permitted to sublease up to six (6) of the Facilities to third party owner/operators of independent living facilities or senior living facilities. Any subleases under this Paragraph Section 15(d) shall be subject to the satisfaction of the following conditions: (i) Tenant shall have received Landlord's prior written consent both with respect to the identity of the proposed sublessee and with respect to the form and content of the proposed sublease, which consent under this clause (i) shall not be unreasonably withheld, (ii) if required under the terms of any applicable Facility Mortgage(s) affecting the Leased Properties proposed to be subleased, Tenant shall have received the applicable Facility Mortgagee's prior written consent to such sublease, (iii) Tenant shall promptly after demand by Landlord reimburse Landlord and any applicable Facility Mortgagee for any out-of-pocket costs (including reasonable attorneys' fees and disbursements) incurred by Landlord or any such Facility Mortgagee in reviewing the proposed sublease documents or any preparing any consent agreements, (iv) the sublease by its terms shall be expressly subject and subordinate to the interests of Landlord under this Lease, and any such sublease shall provide that upon the termination of this Lease, at Landlord's option, such sublease will either (x) terminate and be of no further force and effect, whereupon the subtenant shall immediately quit and vacate the Leased Property, or (y) continue in effect as a direct lease between Landlord , as the landlord thereunder, and the subtenant, as the tenant thereunder, (v) the terms of the subleasing transaction shall otherwise comply with Paragraph 15(c), and (vi) Landlord shall have determined, in Landlord's discretion reasonably exercised, that Tenant's entering into the proposed sublease would not adversely affect the status or the treatment of Landlord or its direct or indirect Parent as a REIT under applicable REIT regulations. If Tenant enters into one (1) or more subleases contemplated under this Paragraph 15(d), Tenant shall remain fully liable for all of Tenant's obligations under this Lease, and no such sublease shall release or relieve Tenant of any of Tenant's duties or obligations under this Lease, including, without limitation, the obligation to pay Rent applicable to any sublet Leased Property.

Whole Facility Subleases. Notwithstanding anything to the contrary set forth herein, upon Tenant's satisfaction of the conditions set forth below in this clause (d), Tenant shall be permitted to sublease up to six (6) of the Facilities to third party owner/operators of independent living facilities or senior living facilities. Any subleases under this Paragraph 15(d) shall be subject to the satisfaction of the following conditions: (i) Tenant shall have received Landlord's prior written consent both with respect to the identity of the proposed sublessee and with respect to the form and content of the proposed sublease, which consent under this clause (i) shall not be unreasonably withheld, (ii) if required under the terms of any applicable Facility Mortgage(s) or Ground Lease(s) affecting the Leased Properties proposed to be subleased, Tenant shall have received the applicable Facility Mortgagee's or Ground Lease lessor's prior written consent to such sublease, (iii) Tenant shall promptly after demand by Landlord reimburse Landlord and any applicable Facility Mortgagee for any out-of-pocket costs (including reasonable attorneys' fees and disbursements) incurred by Landlord or any such Facility Mortgagee in reviewing the proposed sublease documents or any preparing any consent agreements, (iv) the sublease by its terms shall be expressly subject and subordinate to the interests of Landlord under this Lease, and any such sublease shall provide that upon the termination of this Lease, at Landlord's option, such sublease will either (x) terminate and be of no further force and effect, whereupon the subtenant shall immediately quit and vacate the Leased Property, or (y) continue in effect as a direct lease between Landlord , as the landlord thereunder, and the subtenant, as the tenant thereunder, (v) the terms of the subleasing transaction shall otherwise comply with Paragraph 15(c), and (vi) Landlord shall have determined, in Landlord's discretion reasonably exercised, that Tenant's entering into the proposed sublease would not adversely affect the status or the treatment of Landlord or its direct or indirect Parent as a REIT under applicable REIT regulations. If Tenant enters into one (1) or more subleases contemplated under this Paragraph 15(d), Tenant shall remain fully liable for all of Tenant's obligations under this Lease, and no such sublease shall release or relieve Tenant of any of Tenant's duties or obligations under this Lease, including, without limitation, the obligation to pay Rent applicable to any sublet Leased Property.