Landlord Financing. In the event that at any time during the Term, OpCo, or any Subsidiary of OpCo, shall elect to obtain financing for any health care related facilities owned or leased or to be owned or leased by OpCo, or such Subsidiary, OpCo shall give (or cause such Subsidiary to give, as the case may be) Notice thereof to Landlord, which notice shall set forth in reasonable detail the terms of such financing, shall identify the source thereof and shall include a copy of an applicable commitment letter. Landlord shall have the right, exercisable by the giving of Notice to OpCo (or such Subsidiary, as the case may be) within thirty (30) days after such Notice from OpCo (or such Subsidiary, as the case may be), to provide such financing on the same terms and conditions as described in the Notice given to Landlord. In the event that Landlord shall exercise such option, OpCo (or such Subsidiary, as the case may be) shall be obligated to obtain such financing from Landlord on the terms and conditions set forth in the Notice to Landlord. In the event that Landlord shall decline to provide such financing or shall fail to give such Notice to OpCo (or such Subsidiary, as the case may be), OpCo (or such Subsidiary, as the case may be) shall be free to obtain such financing from the party identified in, and on the terms and conditions set forth in, the Notice given to Landlord with respect thereto. Notices to OpCo and any Subsidiary shall be given as if a Notice to Tenant.
Landlord Financing. Landlord shall have the absolute right at any time to encumber Landlord’s interest in the Property (or any part thereof) in any way, including, but not limited to, by any mortgage or deed of trust, in Xxxxxxxx’s sole discretion. If Landlord encumbers its interest in the Property with a mortgage or deed of trust as provided in this Section 16.5, Tenant shall, provided Landlord or the holder of such mortgage or deed of trust shall have delivered to Tenant and each Registered Leasehold Mortgagee prior written notice of the address of any such holder, provide concurrent copies of any written notices of default sent to Landlord hereunder to the holder of such mortgage or deed of trust. Any Fee Mortgage hereafter covering Landlord’s interest in the Fee Estate shall be subject to this Lease. Landlord shall obtain from each Fee Mortgagee a Subordination, Non-Disturbance, and Attornment Agreement in favor of Tenant on a form and in substance reasonably acceptable to Tenant. No holder of such a mortgage or deed of trust shall be or become liable to Tenant as an assignee of this Lease until such time as such holder, by foreclosure or other procedures, shall acquire the rights and interests of Landlord under this Lease, and upon such holder’s assigning such rights and interests to another Person, such holder shall have no further liability thereafter arising under this Lease.
Landlord Financing. 47 ARTICLE 16
Landlord Financing. Landlord represents and warrants to Tenant that, as of the Effective Date, there are no mortgages, deeds of trust, security interests or other similar Liens affecting Landlord’s fee estate in the Leased Premises (each, a “Fee Mortgage”). During the Lease Term, Landlord shall not suffer or permit any Fee Mortgage to encumber the Leased Premises, and Landlord shall, at its sole cost and expense, promptly remove or cause to be removed any Fee Mortgage encumbering the Leased Premises of which Landlord receives notice. Notwithstanding anything to the contrary herein, any Fee Mortgages (the existence of which shall be a breach by Landlord of this Section 26) shall be automatically subject and subordinate to this Lease and any new lease entered into pursuant to Section 16.2(c), and each such Fee Mortgage must provide that it is automatically subject and subordinate to this Lease and any new lease entered into pursuant to Section 16.2(c). Landlord shall not be permitted to transfer its interest in the Leased Premises to any holder of a Fee Mortgage. Any attempt by Landlord to transfer Landlord’s fee interest to the holder of a Fee Mortgage, or any attempt by such holder to foreclose on Landlord’s interest in the Leased Premises or exercise any other remedy with respect to Landlord’s interest in the Leased Premises, shall be void ab initio and of no force or effect.
Landlord Financing. Section 12.
Landlord Financing. Landlord shall have the right at any time to obtain financing secured in whole or in part by its interest in the Leased Premises or under this Lease, and in connection therewith to mortgage or otherwise collaterally transfer its interest in the Leased Premises or collaterally assign its interest under this Lease. With respect to any financing by Landlord, Tenant shall, within ten (10) days of request therefore, execute, acknowledge and deliver to Landlord such amendments or modifications of this Lease as may be reasonably requested by the holder of the indebtedness created or to be created, but in no event shall any such amendment or modification materially affect or alter the rights and obligations of Tenant under this Lease.
Landlord Financing. Landlord represents that Landlord's interest in the Complex, as on the Effective Date, is not encumbered by any financing and is subject only to the exceptions set forth in the preliminary title report attached hereto as Exhibit G. Landlord shall have the right to secure future financing with Landlord's interest in the Complex and, with respect to any such future financing, Tenant agrees to execute an agreement in favor of such lender (provided such lender has been approved by the Agency to the extent the Agency has retained such approval right) subordinating Tenant's interest in the Complex and providing for Tenant's attornment to such lender upon a foreclosure if, in turn, such lender (a) agrees to not terminate this Lease provided Tenant is not then in material default of its obligations hereunder and (b) the lender, or its successors or assigns, assumes all obligations of Landlord under this Lease to the extent the same arise on or after the date of foreclosure.
Landlord Financing. Without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Mortgage upon the Premises or any portion thereof or interest therein or any Pledge Agreement. If, in connection with obtaining any financing for the Premises or any portion thereof or interest therein, a Lender or prospective lender shall request reasonable cooperation from Tenant, Tenant shall provide the same at no cost or expense to Tenant, it being understood and agreed that Landlord shall be required to, within thirty (30) days of demand, reimburse Tenant for the reasonable out-of-pocket costs and expenses so incurred by Tenant, including, but not limited to, its reasonable out-of-pocket legal fees. Such reimbursement obligation shall survive the expiration or earlier termination of this Lease.
Landlord Financing. Landlord shall have the right, at any time and from time to time, to obtain financing secured in whole or in part by its interest in the Premises, the Building or the Property or under this Lease, and in connection therewith to mortgageor otherwise collaterally transfer its interest in the Premises, the Building or the Property or collaterally assign its interest under this Lease. With respect to any financing by Landlord, Tenant shall, within ten (10) days of Landlord's request therefor, execute, acknowledge and deliver to Landlord such amendments or modifications of this Lease as may be reasonably requested by the holder of the indebtedness created or to be created, but in no event shall any such amendment or modification materially and adversely affect or alter the rights and obligations of Tenant under this Lease. Tenant's failure to comply with this Section shall be considered a monetary default under Section 9.1 (a) of this Lease.
Landlord Financing
