Common use of Affirmative Covenants of Mortgagor Clause in Contracts

Affirmative Covenants of Mortgagor. Mortgagor shall promptly (i) perform all of the material provisions of the Leases on the part of the landlord thereunder to be performed; (ii) where commercially reasonable to do so, enforce all of the material provisions of the Leases on the part of the Tenants thereunder to be performed; (iii) appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Leases or the obligations of Mortgagor as landlord or of the tenants thereunder; (iv) deliver to Mortgagee, within ten (10) days after a request by Mortgagee, but not more frequently than once in each year unless Mortgagor is in default hereunder, a written statement containing the names of all tenants, the terms of all Leases and the spaces occupied and rentals payable thereunder, and a statement of all Leases which are then in default, including the nature and magnitude of the default, and including such other information as Mortgagee may reasonably request; (v) following the request of Mortgagee for the same, deliver fully executed copies of any future Lease or Leases to the Mortgagee within five (5) days of the execution and delivery of said Lease or Leases; and (vi) upon the occurrence and during the continuance of an Event of Default hereunder, to deposit in a special account with the Mortgagee any and all Rents derived from the Mortgaged Property and hereby assigns, grants, conveys and transfers to Mortgagee a security interest in such account.

Affirmative Covenants of Mortgagor. Mortgagor shall promptly (i) perform all of the material provisions of the Leases on the part of the landlord thereunder to be performed; (ii) where commercially reasonable to do so, enforce all of the material provisions of the Leases on the part of the Tenants thereunder to be performed; (iii) appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Leases or the obligations of Mortgagor as landlord or of the tenants thereunder; (iv) deliver to Mortgagee, within ten (10) days after a request by Mortgagee, but not more frequently than once in each year unless Mortgagor is in default hereunder, a written statement containing the names of all tenants, the terms of all Leases and the spaces occupied and rentals payable thereunder, and a statement of all Leases which are then in default, including the nature and magnitude of the default, and including such other information as Mortgagee may reasonably request; (v) following the request of Mortgagee for the same, deliver fully executed copies of any future Lease or Leases to the Mortgagee within five (5) days of the execution and delivery of said Lease or Leases; and (vi) upon the occurrence and during the continuance of an Event of Default hereunder, to deposit in a special account with the Mortgagee any and all Rents derived from the Mortgaged Property and hereby assigns, grants, conveys and transfers to Mortgagee a security interest in such account.

Affirmative Covenants of Mortgagor. Mortgagor shall promptly at its sole cost and expense will (i) at all times promptly and faithfully abide by, discharge or perform all of the material provisions covenants, conditions and agreements contained in the Leases; (ii) enforce or secure the performance of all of the covenants, conditions and agreements of the Leases on the part of the landlord thereunder lessees to be performed; (ii) where commercially reasonable to do so, enforce all of the material provisions of the Leases on the part of the Tenants thereunder to be kept and performed; (iii) appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Leases or the obligations obligations, duties or liabilities of Mortgagor Mortgagor, as landlord or lessor, and of the tenants lessees thereunder, and pay all reasonable costs and expenses of Mortgagee, including reasonable attorneys’ fees, in any such action or proceeding in which Mortgagee may appear; (iv) transfer and assign to Mortgagee any and all Leases subsequently entered into, which shall be made upon the same or substantially the same terms and conditions (at current market rates) as contained in the Leases presently in effect, and make, execute and deliver to Mortgagee upon demand any and all instruments required to effectuate said assignment; (v) furnish to Mortgagee, within ten (10) days after a request by Mortgagee, but not more frequently than once in each year unless Mortgagor is in default hereunderMortgagee to do so, a written statement containing the names of all tenantslessees of the Premises or any part thereof, the terms of all Leases and their respective Leases, the spaces occupied and the rentals payable thereunder, and a statement of all thereunder as to Leases in which are then in default, including the nature and magnitude of the default, and including such other information as Mortgagee may reasonably requestMortgagor has an interest; (vvi) following the request of Mortgagee for the sameuse, deliver fully executed copies of any future Lease or Leases to the Mortgagee within five (5) days of the execution and delivery demand therefor by Mortgagee, commercially reasonable efforts to request from any lessee under any of said Lease or Leasesthe Leases a certificate with respect to the status thereof as to Leases in which Mortgagor has an interest; and (vivii) upon furnish Mortgagee promptly with copies of any notices of default which Mortgagor may at any time forward to any lessee of the occurrence and during the continuance of an Event of Default hereunder, to deposit in a special account with the Mortgagee Premises or any and all Rents derived from the Mortgaged Property and hereby assigns, grants, conveys and transfers to Mortgagee a security interest in such accountpart thereof.