Permitted Leasehold Mortgagees Sample Clauses

Permitted Leasehold Mortgagees. (a) On one or more occasions without Landlord’s prior consent Tenant may mortgage or otherwise encumber Tenant’s estate in and to the Leased Property (the “Leasehold Estate”) to one or more Permitted Leasehold Mortgagees under one or more Permitted Leasehold Mortgages and pledge its right, title and interest under this Master Lease as security for such Permitted Leasehold Mortgages or any Debt Agreement secured thereby; provided that no Person shall be considered a Permitted Leasehold Mortgagee unless (1) such Person delivers to Landlord a written agreement (in form and substance reasonably satisfactory to Landlord) providing (i) that (unless this Master Lease has been terminated as to a particular Facility) such Permitted Leasehold Mortgagee and any lenders for whom it acts as representative, agent or trustee, will not use or dispose of any Gaming License for use at a location other than at the Facility to which such Gaming License relates as of the date such Person becomes a Permitted Leasehold Mortgagee (or, in the case of any Facility added to the Master Lease after such date, as of the date that such Facility is added to the Master Lease), and (ii) an express acknowledgement that, in the event of the exercise by the Permitted Leasehold Mortgagee of its rights under the Permitted Leasehold Mortgage, the Permitted Leasehold Mortgagee shall be required to (except for a transfer that meets the requirements of Section 22.2(iii)) secure the approval of Landlord for the replacement of Tenant with respect to the affected portion of the Leased Property and contain the Permitted Leasehold Mortgagee’s acknowledgment that such approval may be granted or withheld by Landlord in accordance with the provisions of Article XXII of this Master Lease, and (2) the underlying Permitted Leasehold Mortgage includes an express acknowledgement that any exercise of remedies thereunder that would affect the Leasehold Estate shall be subject to the terms of the Master Lease.
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Permitted Leasehold Mortgagees. Any Leasehold Mortgage may be given only to (i) an institutional lender, which shall include a bank or trust company, savings bank, insurance company, pension or retirement fund, credit company, or real estate investment trust having assets of not less than Twenty-Five Million Dollars ($25,000,000), or (ii) such other type of lender as may be approved by Landlord, which approval shall not be unreasonably withheld or withheld.
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Permitted Leasehold Mortgagees. 65 17.2 Landlord’s Right to Cure Tenant’s Default 72 17.3 Landlord’s Right to Cure Debt Agreement 72 Article XVIII 73 18.1 Sale of the Leased Property 73 Article XIX 74 19.1 Holding Over 74 Article XX 74 20.1 Risk of Loss 74 Article XXI 74 21.1 General Indemnification 74 Article XXII 75 22.1 Subletting and Assignment 75 22.2 Permitted Assignments 75 22.3 Permitted Sublease Agreements 78 22.4 Required Assignment and Subletting Provisions 78 22.5 Costs 79 22.6 No Release of Tenant’s Obligations; Exception 79 22.7 Perryville and Xxxxxxx Xxxxxxxxx Leases 80 22.8 Specified Developer Default; Project Developer Default 84 Article XXIII 84 23.1 Officer’s Certificates and Financial Statements. 84 23.2 Public Offering Information 87 23.3 Financial Covenants 88 23.4 Landlord Obligations 88 Article XXIV 89 24.1 Landlord’s Right to Inspect 89 Article XXV 89 25.1 No Waiver 89 Article XXVI 89 26.1 Remedies Cumulative 89 Article XXVII 89 27.1 Acceptance of Surrender 89 ACTIVE/119970514.22 Article XXVIII 89 28.1 No Merger 89 Article XXIX 90 29.1 Conveyance by Landlord 90 Article XXX 90 30.1 Quiet Enjoyment 90 Article XXXI 90 31.1 Landlord’s Financing 90 31.2 Attornment 91 31.3 Compliance with Facility Mortgage Documents 92 Article XXXII 93 32.1 Hazardous Substances 93 Article XXXIII 96 33.1 Memorandum of Lease 96 33.2 Reserved. 96 33.3 Tenant Financing 96 Article XXXIV 96 34.1 Expert Valuation Process. 96 Article XXXV 98 35.1 Notices 98 Article XXXVI 99
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Permitted Leasehold Mortgagees. 59 17.2 Landlord’s Right to Cure Xxxxxx’s Default 66 17.3 Landlord’s Right to Cure Debt Agreement 67 ARTICLE XVIII 18.1 Sale of the Leased Property 67 ARTICLE XIX 19.1 Holding Over 68 ARTICLE XX 20.1 Risk of Loss 68 ARTICLE XXI 21.1 General Indemnification 68 ARTICLE XXII 22.1 Subletting and Assignment 69 22.2 Permitted Assignments 69 22.3 Permitted Sublease Agreements 72 22.4 Required Assignment and Subletting Provisions 73 22.5 Costs 73 22.6 No Release of Xxxxxx’s Obligations; Exception 73 ARTICLE XXIII
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Permitted Leasehold Mortgagees. (a) On one or more occasions without Xxxxxxxx’s prior consent Tenant may mortgage or otherwise encumber Tenant’s estate in and to the Leased Property (the “Leasehold Estate”) to one or more Permitted Leasehold Mortgagees under one or more Permitted Leasehold 61 ACTIVE/103726432.5 US-DOCS\116344257.8
Sample 1
Permitted Leasehold Mortgagees. 55 1.2 Landlord’s Right to Cure Tenant’s Default. 62 1.3 Landlord’s Right to Cure Debt Agreement. 62 ARTICLE XVIII 62 1.1 Sale of the Leased Property. 62 ARTICLE XIX 63 1.1 Holding Over. 63 ARTICLE XX 63 ii |US-DOCS\126208570.12|| 1.1 Risk of Loss. 63 ARTICLE XXI 64 1.1 General Indemnification. 64 ARTICLE XXII 64 1.1 Subletting and Assignment. 64 1.2 Permitted Assignments. 64 1.3 Permitted Sublease Agreements. 67 1.4 Required Assignment and Subletting Provisions. 68
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Permitted Leasehold Mortgagees 
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Related to Permitted Leasehold Mortgagees

  • Leasehold Mortgage Provide whether the tenant can mortgage its leasehold interest as security for a loan. 20.

  • Leasehold Mortgages A. Notwithstanding any other provision hereof to the contrary, Tenant shall have the right, from time to time, to convey or encumber by mortgage, deed to secure debt, deed of trust, or similar financing instrument, Tenant’s leasehold estate and interest in and to the Demised Premises or any part thereof (each such leasehold mortgage, deed to secure debt, deed of trust, or other financing instrument being hereinafter referred to as a “Leasehold Mortgage” and the holder thereof as a “Leasehold Mortgagee”) provided that the rights acquired under such mortgage shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interest of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given to so mortgage such interest in this Lease, except as expressly provided herein. The execution and delivery of a Leasehold Mortgage shall not, in and of itself, be deemed to constitute an assignment or transfer of this Lease nor shall the Leasehold Mortgagee, as such, be deemed an assignee or transferee of this Lease so as to require such Leasehold Mortgagee to assume the performance of any of the covenants or agreements on the part of Tenant to be performed hereunder. Tenant shall also have the right from time to time to obtain financing by a “sale and leaseback” of Tenant’s leasehold interest hereunder (i.e., an assignment of Tenant’s leasehold estate under this Lease simultaneously with or subsequent to the making of a sublease of all of the Demised Premises to Tenant). If Tenant shall enter into any such financing arrangement, it shall deliver to Landlord true and complete copies of the instruments effecting such transaction within thirty (30) days of their execution. Simultaneously with the delivery to the Landlord of the aforesaid instruments effecting such transaction, Tenant shall also give Landlord notice of the name and address of the party providing such financing.

  • Notice to Mortgagee and Ground Lessor After receiving notice from any person, firm or other entity that it holds a mortgage which includes the Premises as part of the mortgaged premises, or that it is the ground lessor under a lease with Landlord, as ground lessee, which includes the Premises as a part of the demised premises, no notice from Tenant to Landlord shall be effective unless and until a copy of the same is given to such holder or ground lessor, and the curing of any of Landlord’s defaults by such holder or ground lessor within a reasonable time thereafter (including a reasonable time to obtain possession of the premises if the mortgagee or ground lessor elects to do so) shall be treated as performance by Landlord. For the purposes of this Section 9.4 or Section 9.14, the term “mortgage” includes a mortgage on a leasehold interest of Landlord (but not one on Tenant’s leasehold interest).

  • Mortgagee Upon WTC giving any notice in accordance with Section 11.1, Mortgagee shall (if and so long as such citizenship is necessary under the Act as in effect at such time or, if it is not necessary, if and so long as Mortgagee's citizenship could have any adverse effect on Owner, or any Note Holder), subject to Section 9.02 of the Trust Indenture, resign as Mortgagee promptly upon its ceasing to be such a citizen.

  • Occupancy of the Mortgaged Property As of the date of origination, the Mortgaged Property was lawfully occupied under applicable law;

  • Landlord’s Property All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.

  • New Lease In the event of the termination of this Lease as a result of Tenant's default prior to the expiration of the term, or in the event of a rejection by Landlord or Tenant of this Lease under Chapter 11 of the Bankruptcy Code, Landlord shall, in addition to providing the notices of default and termination as required by this Lease, provide each Leasehold Mortgagee with written notice that the Lease has been terminated or that Landlord has filed a request with the Bankruptcy Court seeking to reject the Lease, together with a statement of all sums which would at that time be due under this Lease but for such termination or rejection, and of all other defaults, if any, then known to Landlord. Upon any request of the Leasehold Mortgagee, or its designee, Landlord agrees to enter into a new lease ("New Lease") of the Premises with such Leasehold Mortgagee or its designee for the remainder of the term of this Lease, effective as of the date of termination or rejection, as the case may be, at the Rent, and upon the terms, covenants and conditions (including all transfer rights, but excluding requirements which are not applicable or which have already been fulfilled) of this Lease; provided, however, that (i) the Leasehold Mortgagee whose lien upon the Premises is superior to the lien of any other Leasehold Mortgage (the "Senior Leasehold Mortgagee") shall have the right to give notice of its intent to enter into a New Lease to the Landlord for a period of 60 days from its receipt of the notice referred to in the first sentence of this Section 18.2.18 and (ii) if the Senior Leasehold Mortgagee does not exercise its right to enter into the New Lease during this 60-day period; the Leasehold Mortgagee whose lien upon the Premises is superior to the lien of any other Leasehold Mortgage (other than the Senior Leasehold Mortgagee) shall have the right to give notice of its intent to enter into a New Lease to the Landlord during the remainder of the period(s) specified below; and provided further, however,

  • Ground Lease Reserved.

  • Leased Property Upon and subject to the terms and conditions hereinafter set forth, Landlord leases to Tenant and Tenant leases from Landlord all of Landlord's right, title and interest in and to all of the following (collectively, the "Leased Property"):

  • Real Estate Leases All leases, subleases, licenses, concessions, options, and other agreements relating to the occupancy of the Leased Real Property, including the right to all security deposits and other amounts and instruments deposited thereunder, are listed on Schedule 4.8.2 (collectively, the “Real Estate Leases”), and Seller has provided Buyer with a copy of such Real Estate Leases. Except as set forth in Schedule 4.8.2: (i) the Real Estate Leases have not been modified, amended, or assigned, are legally valid, binding and enforceable in accordance with their respective terms, and are in full force and effect; and (ii) to Seller’s knowledge, there are no material defaults (or matters that upon written notice or lapse of time would constitute material defaults) by Seller or by any other party to the Real Estate Leases.

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