Common use of Xxxxxx’s Right to Possession, Right to Acquire and Right to Assign Clause in Contracts

Xxxxxx’s Right to Possession, Right to Acquire and Right to Assign. A Lender shall have the absolute right to do one, some or all of the following things: (i) assign its Lender’s Encumbrance; (ii) enforce its Lender’s Encumbrance; (iii) acquire title (whether by foreclosure, assignment in lieu of foreclosure or other means) to the Leasehold Estate; (iv) take possession of and operate the Premises and the System or any portion thereof and perform any obligations to be performed by Tenant under this Lease or cause a receiver to be appointed to do so; (v) assign or transfer the Leasehold Estate and the System to a third party; and/or, (vi) exercise any rights of Tenant under this Lease. Xxxxxxxx’s consent shall not be required for any of the foregoing; and, upon acquisition of the Leasehold Estate or a Sublease by a Lender or any other third party who acquires the same from or on behalf of the Lender or any purchaser who purchases at a foreclosure sale, Landlord shall recognize the Lender or such other party (as the case may be) as Tenant’s proper successor, and the Lease or the Sublease (as the case may be) shall remain in full force and effect.

Xxxxxx’s Right to Possession, Right to Acquire and Right to Assign. A Lender shall have the absolute right to do one, some or all of the following things: (i) assign its Lender’s Encumbrance; (ii) enforce its Lender’s Encumbrance; (iii) acquire title (whether by foreclosure, assignment in lieu of foreclosure or other means) to the Leasehold Estate; (iv) take possession of and operate the Premises and the System Facility or any portion thereof and perform any obligations to be performed by Tenant under this Lease or cause a receiver to be appointed to do so; (v) assign or transfer the Leasehold Estate and the System Facility to a third party; and/or, (vi) exercise any rights of Tenant under this Lease. Xxxxxxxx’s consent shall not be required for any of the foregoing; and, upon acquisition of the Leasehold Estate or a Sublease by a Lender or any other third party who acquires the same from or on behalf of the Lender or any purchaser who purchases at a foreclosure sale, Landlord shall recognize the Lender or such other party (as the case may be) as Tenant’s proper successor, and the Lease or the Sublease (as the case may be) shall remain in full force and effect.