Common use of Xxxxxx’s Right to Cure Clause in Contracts

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such notice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant and Operator, the right to enter upon the Project thereon for the purpose of effecting any such cure. (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein below, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such noticewritten notice to Lender by Operator or Master Tenant of its intention to terminate the Master Lease or Sublease, as the case may be, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx Tenant declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUDHUD or Lender. . (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx and Operator, the right to enter upon the Project thereon for the purpose of effecting affecting any such cure. (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein belowhereinbelow, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such notice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant and Operator, the right to enter upon the Project thereon for the purpose of effecting any such cure. (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx Lender concurrently with the giving mailing of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing giving the same to Lender in the manner set forth herein below, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such notice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx and Operator, the right to enter upon the Project thereon for the purpose of effecting affecting any such cure. (c) Master Xxxxxx Tenant and Operator each hereby agrees to give to Xxxxxx Lender concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein belowhereinbelow, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such noticewritten notice to Lender by Operator or Master Tenant of its intention to terminate the Master Lease or Sublease, as the case may be, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. . (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx, and Operator, the right to enter upon the Project thereon for the purpose of effecting affecting any such cure. (c) Master Xxxxxx Tenant and Operator each hereby agrees to give to Xxxxxx Lender concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein belowhereinbelow, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. (a) Master Tenant Xxxxxx and Operator hereby each agrees that it will not exercise any right 253 granted to them under the Master Lease and Sublease, respectively, or which it might otherwise 254 have under applicable law, to terminate the Master Lease on account of a default of Borrower, or 255 to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other 256 event, without first giving to Lender prior written notice of its intent to terminate, which notice 257 shall include a statement of the default or event on which such intent to terminate is based. 258 Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and 259 Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days 260 after such notice, shall cure such default or event if the same can be cured by the payment or 261 expenditure of money, or (ii) shall diligently take action to obtain possession of the Project 262 (including possession by receiver) and to cure such default or event in the case of a default or 263 event which cannot be cured unless and until Lender has obtained possession, but in no event to 264 exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant Xxxxxx or 265 Operator of its intention to terminate. 266 Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx Tenant 267 declare a default of the Master Lease against Borrower if Master Tenant is affiliated with 268 Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator 269 is affiliated with Master Tenant, unless either is requested to do so by HUD. . 270 271 (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and 272 for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx and Operator, the right to enter 273 upon the Project thereon for the purpose of effecting any such cure. . 274 275 (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx concurrently 276 with the giving of any notice of default under the Master Lease or Sublease, a copy of such 277 notice by mailing giving the same to Lender in the manner set forth herein belowhereinbelow, and no such notice 278 given to Borrower or Master Tenant which is not at or about the same time also given to Lender 279 shall be valid or effective against Lender for any purpose.. 280

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such notice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant and Operator, the right to enter upon the Project thereon for the purpose of effecting any such cure. (c) Master Xxxxxx Tenant and Operator each hereby agrees to give to Xxxxxx Lender concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein belowhereinbelow, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.

Xxxxxx’s Right to Cure. 253 (a) Master Tenant Xxxxxx and Operator hereby each agrees that it will not exercise any right 254 granted to them under the Master Lease and Sublease, respectively, or which it might otherwise 255 have under applicable law, to terminate the Master Lease on account of a default of Borrower, or 256 to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other 257 event, without first giving to Lender prior written notice of its intent to terminate, which notice 258 shall include a statement of the default or event on which such intent to terminate is based. 259 Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and 260 Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days 261 after such notice, shall cure such default or event if the same can be cured by the payment or 262 expenditure of money, or (ii) shall diligently take action to obtain possession of the Project 263 (including possession by receiver) and to cure such default or event in the case of a default or 264 event which cannot be cured unless and until Lender has obtained possession, but in no event to 265 exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant Xxxxxx or 266 Operator of its intention to terminate. 267 Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx Tenant 268 declare a default of the Master Lease against Borrower if Master Tenant is affiliated with 269 Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator 270 is affiliated with Master Tenant, unless either is requested to do so by HUD. . 271 272 (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and 273 for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx and Operator, the right to enter 274 upon the Project thereon for the purpose of effecting any such cure. . 275 276 (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx concurrently 277 with the giving of any notice of default under the Master Lease or Sublease, a copy of such 278 notice by mailing the same to Lender in the manner set forth herein below, and no such notice 279 given to Borrower or Master Tenant which is not at or about the same time also given to Lender 280 shall be valid or effective against Lender for any purpose.. 281

Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such noticewritten notice to Lender by Operator or Master Tenant of its intention to terminate the Master Lease or Sublease, as the case may benotice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD. (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and for such purposes is hereby granted by Xxxxxxxx, Master Tenant Xxxxxx and Operator, the right to enter upon the Project thereon for the purpose of effecting affecting any such cure. (c) Master Xxxxxx Tenant and Operator each hereby agrees to give to Xxxxxx Lender concurrently with the giving of any notice of default under the Master Lease or Sublease, a copy of such notice by mailing the same to Lender in the manner set forth herein belowhereinbelow, and no such notice given to Borrower or Master Tenant which is not at or about the same time also given to Lender shall be valid or effective against Lender for any purpose.