Replacement Operating Lease definition

Replacement Operating Lease shall have the meaning set forth in Section 5.1.24(d) hereof.
Replacement Operating Lease means, collectively, either (i) an operating lease with a Qualified Operator substantially in the same form and substance as the Operating Lease that is being terminated, subject to adjustment of Operating Rent solely to the extent required by the Code, (ii) an operating lease with an Affiliate of Borrower if permitted under this Agreement upon terms substantially similar to the existing Operating Lease, except that the Operating Rent may be modified solely to the extent necessary to enable AHT to qualify, or continue to qualify, as applicable, as a REIT (as defined in the Operating Lease as of the Closing Date), which Mortgage Borrower and Operating Company intend to satisfy by reference to a transfer pricing report prepared by a “Big 4accounting firm; provided, however, in addition, any such Affiliate shall provide replacement security and subordination (including, without limitation, granting a mortgage) as is reasonably acceptable to Lender, or (iii) an operating lease with a Qualified Operator, which operating lease shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (iii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such operating agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof.
Replacement Operating Lease means for each Individual Property with respect to which an Operating Lease has expired or terminated, a replacement operating lease for such Individual Property with a Qualified Operator whose terms and provisions arc approved by Lender, in accordance with Section 5.1.20.

Examples of Replacement Operating Lease in a sentence

  • Borrower, Mortgage Borrower, Operating Company and Manager shall cause the Property to be operated, in all material respects, in accordance with the applicable Operating Lease (or Replacement Operating Lease) and the Management Agreement (or Replacement Management Agreement).

  • Upon the date that an Operator Tenant satisfactory to Lender under a Replacement Operating Lease approved by Lender takes possession of the Individual Property, has commenced paying fixed rent and has delivered to Lender an estoppel certificate in form and substance reasonably satisfactory to Lender, the payment deposited in accordance with clause (ii)(1) will be released to Borrower provided that no Event of Default is then in effect.

  • In the event that the Operating Lease expires or is terminated (without limiting any obligation of Borrower to cause Mortgage Borrower to obtain Lender’s consent to any termination or modification of the Operating Lease in accordance with the terms and provisions of this Agreement), Borrower shall cause Mortgage Borrower to promptly enter into a Replacement Operating Lease with Operating Company or another Qualified Operator, as applicable.

  • In the event that the Operating Lease expires or is terminated (without limiting any obligation of Borrower to obtain Lender’s consent to any termination or modification of the Operating Lease in accordance with the terms and provisions of this Agreement), Borrower shall promptly enter into a Replacement Operating Lease with Operating Company or another Qualified Operator, as applicable.

  • Borrower, Operating Company and Manager shall cause the Property to be operated, in all material respects, in accordance with the applicable Operating Lease (or Replacement Operating Lease) and the Management Agreement (or Replacement Management Agreement).


More Definitions of Replacement Operating Lease

Replacement Operating Lease has the meaning assigned in Section 10.4.
Replacement Operating Lease means any amendment to or restatement of the existing Operating Lease, or any new operating lease, to be entered into by Owner and Operating Lessee effective as of the Closing Date in such form and substance as determined by Purchaser, provided Sellers shall suffer no adverse economic or Tax consequences as a result of such amendment, restatement or new operating lease.

Related to Replacement Operating Lease

  • Operating Lease means, as applied to any Person, any lease (including, without limitation, leases which may be terminated by the lessee at any time) of any Property (whether real, personal or mixed) which is not a Capital Lease other than any such lease in which that Person is the lessor.

  • Joint Operating Agreement (JOA) means the operating and participating agreement between the Parties constituting the Contractor that governs their operational activities, obligations and responsibilities under this Contract,

  • Operating Leases means all real or personal property leases under which any Company is bound or obligated as a lessee or sublessee and which, under GAAP, are not required to be capitalized on a balance sheet of such Company; provided that Operating Leases shall not include any such lease under which any Company is also bound as the lessor or sublessor.

  • Tenant Lease means any lease entered into by the Borrower, any Loan Party or any Subsidiary with respect to any portion of a Property.

  • Landlord Agreement means an agreement substantially in the form provided by Lender to Borrower or such other form as Lender may agree to accept.

  • Co-op Lease With respect to a Co-op Loan, the lease with respect to a dwelling unit occupied by the Mortgagor and relating to the stock allocated to the related dwelling unit.

  • Operating Lease Expense means the sum of all payments and expenses incurred by a Person, under any operating leases during the period of determination, as determined in accordance with GAAP.

  • Reasonable and Prudent Operator means a person seeking in good faith to perform its contractual obligations and, in the process of doing so and in the overall conduct of its whole undertaking exercising that degree of diligence, skill, prudence and foresight which can reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances complying with all applicable Laws, and any reference to the standard of a Reasonable and Prudent Operator means such degree of diligence, skill, prudence and foresight as aforesaid.

  • Ground Lease means a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:

  • airport operator A natural or legal person authorized to manage or operate an airport. “Airport Tax” It is the amount charged to a Passenger for the use of the airport facilities that can be collected by THE CARRIER with prior authorization, either on the ticket or at each airport, and must be paid by the Passenger. “Airway Ticket or Ticket” (GENERAL DEFINITION). It is the document issued by THE CARRIER or its Authorized Agent as written proof of the transportation agreement. The term that will be used in this Agreement is ticket.

  • independent operator means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles;

  • New Lease Any lease of REO Property entered into on behalf of REMIC I, including any lease renewed or extended on behalf of REMIC I, if REMIC I has the right to renegotiate the terms of such lease.

  • aircraft operator means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;

  • Sublease means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.

  • Master Lease This Schedule is issued pursuant to the Lease identified on page 1 of this Schedule. All of the terms and conditions of the Lease are incorporated in and made a part of this Schedule as if they were expressly set forth in this Schedule. The parties hereby reaffirm all of the terms and conditions of the Lease (including, without limitation, the representations and warranties set forth in Section 8) except as modified herein by this Schedule. This Schedule may not be amended or rescinded except by a writing signed by both parties. CHEMDEX CORPORATION COMDISCO, INC. AS LESSEE AS LESSOR By: /s/ Xxxxx X. Xxxxx By: /s/ Xxxx X. Xxxxxx ------------------- --------------------- Title: CEO Title: SR VP ----------------- ------------------- Date: Date: ----------------- ------------------- EXHIBIT 1 SUMMARY EQUIPMENT SCHEDULE -------------------------- This Summary Equipment Schedule dated XXXX is executed pursuant to Equipment Schedule No. X to the Master Lease Agreement dated XXXX between Comdisco, Inc. ("Lessor") and XXXX ("Lessee"). All of the terms, conditions, representations and warranties of the Master Lease Agreement and Equipment Schedule No. X are incorporated herein and made a part hereof, and this Summary Equipment Schedule constitutes a Schedule for the Equipment on the attached invoices.

  • Franchise Agreement or “Agreement” shall mean this Agreement and any amendments or modifications hereto.

  • Construction Contract or “contract” means a written agreement between a contractor and a public agency for the construction, alteration, demolition, or repair of a facility, other than a contract having a dollar value of less than $30,000.00 or a contract that provides for 3 or fewer payments.

  • Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.

  • Operating Area means those areas on-shore in India in which company or its affiliated company may from time to time be entitled to execute such services/operations.

  • Anchor Tenant means, with respect to a Community Renewable Energy Generation Project, the non-End Use Customer subscriber designated by Seller as such under its SFA application.” The following is added as Section 1.3.3:

  • New Franchise Agreement means the franchise license agreement to be entered into between Buyer and the Franchisor, granting to Buyer a franchise to operate the Hotel under the Brand on and after the Closing Date.

  • Space Lease The space or occupancy lease pursuant to which any Borrower holds a leasehold interest in the related Mortgaged Property, together with any estoppels or other agreements executed and delivered by the lessor in favor of the lender under the related Mortgage Loan(s).

  • market operator means a person or persons who manages and/or operates the business of a regulated market. The market operator may be the regulated market itself;

  • Property Management Agreement means that certain management agreement between the Company and the Property Manager with respect to the management of the Property.

  • Master Lease Agreement has the meaning set forth in Section 7.2(c)(xiv).

  • Approved Lease has the meaning set forth in Section 6.11(a).