Examples of Successor Lessee in a sentence
If no Successor Lessee or Lessees are found in such one (1) year period to occupy at least 50% of the Premises and Improvements, then all of the Lessee's, Leasehold Mortgagee's and Transferee's interests in the Premises, the Improvements, and this Lease shall terminate in their entirety, without any right of recovery or compensation from the Lessor.
The last payment to be made by the Owner Participant is returned to it on the very day paid, either in the form of the Purchase Option Price, as the most likely option to be exercised, or the initial lease payment under the Successor Lessee option.
In this case, the requirement that the Lessee make an “inducement” payment to any Successor Lessee should that party hesitate to enter into the Replacement Lease indicates that the rental rates for a Replacement Lease were not set at the then fair market value.
Were this to happen, Lessee might be unable to secure a Successor Lessee, since the payment to induce the Successor Lessee would not be less than the outstanding loan balance.
Similarly, since the Lessee must reimburse or compensate any Successor Lessee for the difference between the rentals required under the schedules provided in the Participation Agreement and Lease and the actual rentals such Successor Lessee is willing to pay, the economic rationale to the Lessee for exercising the Replacement Lease Option is similarly limited.
Instead, the rental schedules in the documents appear to have been determined more by reference to the need to repay the amountloaned by Lender, Taxpayer’s Contribution and Interim Loan Payment, and to guarantee the Taxpayer’s return on investment.Moreover, assuming rental rates increase, under the documents, the Trustee has the right to reject the Successor Lessee chosen by Lessee and recover theEquipment.
Consequently, if the Equipment declines in value to the point referred to in the text, the Lessee might have to make a significant payment to induce a Successor Lessee into the transaction.
Successor Lessee shall (i) be a "Permitted Transferee" (as hereinafter defined) and (ii) either (y) be (1) at least fifty percent (50%) owned by Fee Owner or persons that are its "Affiliates" (as hereinafter defined) and (2) controlled by Fee Owner or its Affiliates or (z) have complied with the requirements of Section 11 of the applicable License Agreement.
The Lessor will, however, consent to the subsequent transfer to a Successor Lessee or Lessees if the proposed successor or successors to the Lessee's interest would have been acceptable to the Lessor for the Premises in the reasonable exercise of the Lessor's judgment considering the successors experience, financial strength, history of meeting contractual obligations and intent to implement a business plan consistent with the Lessor’s plan for operating the Airport.
Successor Lessee shall also enter into a management agreement with Promus covering the Hotel for a term equal to the balance of the original term of the Management Agreement covering the Hotel and otherwise on the terms and conditions set forth in such Management Agreement.