Common use of Affecting Tenant Clause in Contracts

Affecting Tenant. If Lessee (as debtor in possession) or a trustee in bankruptcy for Lessee rejects this Lease in any Bankruptcy Proceeding affecting Lessee, then such rejection shall be deemed ▇▇▇▇▇▇’s assignment of its interest in this Lease and the leasehold estate created by this Lease to a new tenant to be designated in writing by the Leasehold Mortgagee holding the most senior Leasehold Mortgage, in the nature of an assignment in lieu of foreclosure, subject to all security instruments. Upon such deemed assignment, this Lease shall not terminate. Each Leasehold Mortgagee shall continue to have all the rights of a Leasehold Mortgagee as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Mortgagee shall disapprove such deemed assignment by written notice delivered to Lessor within thirty (30) days after such lender receives written notice of the rejection of this Lease in any Bankruptcy Proceeding. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the deemed assignment provided for in place of rejection of this Lease, then each Leasehold Mortgagee shall continue to be entitled to a new lease as provided in this Lease.

Affecting Tenant. If Lessee Tenant (as debtor in possession) or a trustee in bankruptcy for Lessee Tenant rejects this Lease in any bankruptcy, insolvency, reorganization, composition, or similar proceeding, whether voluntary or involuntary, under Title 11, United States Code, or any similar state or federal statute for the relief of debtors, including any assignment for the benefit of creditors or similar proceeding (each, a “Bankruptcy Proceeding Proceeding”) affecting LesseeTenant, then such rejection shall be deemed ▇▇▇▇▇▇Tenant’s assignment of its interest in this Lease and the leasehold estate created by this Lease to a new tenant to be designated in writing by the Leasehold Mortgagee Lender holding the most senior Leasehold MortgageEncumbrance, in the nature of an assignment in lieu of foreclosure, subject to all security instrumentsSecurity Instruments. Upon such deemed assignment, this Lease shall not terminate. Any such rejection (or deemed rejection) of this Lease for any reason whatsoever shall constitute cause for immediate relief from the automatic stay provisions under the Bankruptcy Proceedings, and Tenant stipulates that such automatic stay shall be lifted immediately and possession of the Premises will be delivered to Landlord immediately without the necessity of any further action by Landlord. Each Leasehold Mortgagee Lender shall continue to have all the rights of a Leasehold Mortgagee Lender as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Mortgagee Lender shall disapprove such deemed assignment by written notice delivered to Lessor Landlord within thirty (30) days after such lender L▇▇▇▇▇ receives written notice of the rejection of this Lease in any Bankruptcy Proceeding. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the deemed assignment provided for in place of rejection of this Lease, then each Leasehold Mortgagee Lender shall continue to be entitled to a new lease New Lease as provided in this Lease.

Affecting Tenant. If Lessee Tenant (as debtor in possession) or a trustee in bankruptcy for Lessee Tenant rejects this Lease in any Bankruptcy Proceeding affecting LesseeProceeding, then such rejection shall be deemed ▇▇▇▇▇▇’s Tenant's assignment of its interest in this Lease and the leasehold estate created by this Lease Leasehold Estate to a new tenant Successor Tenant (to be designated in writing by the Senior Leasehold Mortgagee holding the most senior Leasehold Mortgagewithin a reasonable period after request), in the 44 nature of an assignment in lieu of foreclosure, subject to all security instrumentsLeasehold Mortgages. Upon Such deemed assignment shall not terminate this Lease, but after such deemed assignment, assignment the assignor's liability under this Lease shall not terminateexceed the liability that would have existed if such assignor had rejected this Lease. Each Leasehold Mortgagee shall continue to have all the rights of a Leasehold Mortgagee as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Mortgagee shall disapprove such deemed assignment by written notice delivered Notice to Lessor Landlord within thirty (30) 30 days after such lender receives written notice Leasehold Mortgagee received Notice of the rejection of this Lease in any Bankruptcy ProceedingProceedings. If any court of competent jurisdiction shall determine determines that this Lease shall have been terminated notwithstanding the foregoing deemed assignment provided for in place assignment, then: (a) the effective date of rejection of this Lease, then each such termination shall constitute an Expiration Date; and (b) Leasehold Mortgagee Mortgagee(s) shall continue to be remain entitled to a new lease New Lease as provided in this Lease, if Leasehold Mortgagee(s) timely request(s) such New Lease during the New Lease Option Period.

Affecting Tenant. If Lessee Tenant (as debtor in possession) or a trustee in bankruptcy for Lessee Tenant rejects this Lease in any bankruptcy, insolvency, reorganization, composition, or similar proceeding, whether voluntary or involuntary, under ▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇ Code, or any similar state or federal statute for the relief of debtors, including any assignment for the benefit of creditors or similar proceeding (each, a “Bankruptcy Proceeding Proceeding”) affecting LesseeTenant, then such rejection shall be deemed ▇▇▇▇▇▇Tenant’s assignment of its interest in this Lease and the leasehold estate created by this Lease to a new tenant to be designated in writing by the Leasehold Mortgagee Lender holding the most senior Leasehold MortgageEncumbrance, in the nature of an assignment in lieu of foreclosure, subject to all security instrumentsSecurity Instruments. Upon such deemed assignment, this Lease shall not terminate. Any such rejection (or deemed rejection) of this Lease for any reason whatsoever shall constitute cause for immediate relief from the automatic stay provisions under the Bankruptcy Proceedings, and Tenant stipulates that such automatic stay shall be lifted immediately and possession of the Premises will be delivered to Landlord immediately without the necessity of any further action by Landlord. Each Leasehold Mortgagee Lender shall continue to have all the rights of a Leasehold Mortgagee Lender as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Mortgagee Lender shall disapprove such deemed assignment by written notice delivered to Lessor Landlord within thirty (30) days after such lender ▇▇▇▇▇▇ receives written notice of the rejection of this Lease in any Bankruptcy Proceeding. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the deemed assignment provided for in place of rejection of this Lease, then each Leasehold Mortgagee Lender shall continue to be entitled to a new lease New Lease as provided in this Lease.

Affecting Tenant. If Lessee Tenant (as debtor in possession) or a trustee in bankruptcy for Lessee Tenant rejects this Lease in connection with any proceeding involving Tenant under the United States Bankruptcy Proceeding affecting LesseeCode or any similar state or federal statute for the relief of debtors (a "Bankruptcy Proceeding"), then Landlord agrees for the benefit of each and every Leasehold Mortgagee that such rejection shall be deemed ▇▇▇▇▇▇’s Tenant's assignment of its interest in this the Lease and the leasehold estate created by this Lease Leasehold Estate to a new tenant to be designated in writing by the Tenant's Leasehold Mortgagee holding the most senior Leasehold MortgageMortgagee(s), in the nature of an assignment in lieu of foreclosure, subject to all security instruments. Upon such deemed assignment, this Lease shall not terminate. Each terminate and each Leasehold Mortgagee shall continue to have all the rights of a Leasehold Mortgagee under this Lease as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Mortgagee shall disapprove reject such deemed assignment by written notice delivered Notice to Lessor Landlord within thirty (30) days after such lender receives written notice receiving Notice of the rejection of this Lease in any Bankruptcy Proceeding. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the deemed assignment provided for in place of rejection of this Lease, then each Leasehold Mortgagee shall continue to be entitled to a new lease as provided in this Lease.the

Affecting Tenant. If Lessee Tenant (as debtor in possession) or a trustee in bankruptcy for Lessee Tenant rejects this Lease in connection with any proceeding involving Tenant under the United States Bankruptcy Proceeding affecting LesseeCode or any similar state or federal statute for the relief of debtors (a "Bankruptcy Proceeding"), then Landlord agrees for the benefit of each and every Prime Mortgagee that such rejection shall be deemed ▇▇▇▇▇▇’s Tenant's assignment of its interest in this the Lease and the leasehold estate created by this Lease Leasehold Estate to a new tenant to be designated in writing by the Leasehold Mortgagee holding the most senior Leasehold MortgageTenant's Prime Mortgagee(s), in the nature of an assignment in lieu of foreclosure, subject to all security instruments. Upon such deemed assignment, this Lease shall not terminate. Each Leasehold terminate and each Prime Mortgagee shall continue to have all the rights of a Leasehold Prime Mortgagee under this Lease as if the Bankruptcy Proceeding had not occurred, unless such Leasehold Prime Mortgagee shall disapprove reject such deemed assignment by written notice delivered Notice to Lessor Landlord within thirty (30) days after such lender receives written notice receiving Notice of the rejection of this Lease in any Bankruptcy ProceedingProceedings. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the deemed assignment provided for in place of rejection of this Lease, then each Leasehold Mortgagee Tenant's Prime Mortgagees shall continue to be entitled to a new lease New Lease as provided in Article 20 of this Lease. In the event of an assignment by operation of law or otherwise in a Bankruptcy Proceeding, if Landlord does not or is not permitted to terminate this Lease, the assignee shall provide Landlord with adequate assurance of future performance of all of the terms, covenants and conditions of this Lease, which shall include but not be limited to, assumption of all of the terms, covenants and conditions of this Lease by the assignee and the making by the assignee of the following express covenants to the Landlord: (a) the assignee has sufficient capital to pay the Rent and other amounts due under the Lease for the entire Term or actually pays the Default Substitute Percentage Rent or the Approved Substitute Rent, as the case may be, and performs the other obligations of Tenant under this Lease; (b) the assignee either (i) holds all Government licenses, permits and approvals necessary to operate the Premises in accordance with this Lease; or (ii) is diligently pursuing the obtaining of such licenses, permits and approvals, none of which have been permanently denied; and (c) the assignee is not a Prohibited Person (Tenant).