Common use of Assignment of Leases Clause in Contracts

Assignment of Leases. (a) Tenant acknowledges that Landlord’s right, title, and interest as Landlord under the Lease is assigned to Mortgagee pursuant to the provisions of the Assignment and that pursuant to the provisions of the Assignment, rent under the Lease continues to be paid to Landlord in accordance with the provisions of the Lease unless and until Tenant is otherwise notified in writing by Mortgagee. From and after Tenant's receipt of written notice from Mortgagee (a Rent Payment Notice), Tenant must pay all rent to Mortgagee, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord under the Lease, all of which continue to be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 4 contracts

Samples: Disturbance, and Attornment Agreement, Disturbance, and Attornment Agreement, Disturbance, and Attornment Agreement

AutoNDA by SimpleDocs

Assignment of Leases. (a) Tenant acknowledges that Landlord’s rightit has been advised that Lxxxxxxx has assigned the Lease and the rents thereunder to Agent, titlefor the benefit of the Lenders, and pursuant to the Security Instrument. Tenant acknowledges that the interest as of the Landlord under the Lease is to be assigned to Mortgagee Agent solely as security for the purposes specified in the Security Instrument, and, on account of the Security Instrument, Agent shall have no duty, liability or obligation whatsoever under the Lease or any extension or renewal thereof, either by virtue of the Security Instrument or by any subsequent receipt or collection of rents thereunder, unless Agent shall specifically undertake such liability in writing. The foregoing agreement by Tenant shall not adversely affect any rights of Tenant under the Lease with respect to the Landlord in the event of nonperformance by Landlord, subject to the terms of this Agreement. Tenant agrees that if Agent, pursuant to the provisions of the Assignment Security Instrument, and that pursuant to the provisions of the Assignmentwhether or not it becomes a mortgagee in possession, rent under the Lease continues to be paid to Landlord in accordance with the provisions of the Lease unless and until Tenant is otherwise notified in writing by Mortgagee. From and after Tenant's receipt of shall give written notice from Mortgagee (a Rent Payment Notice), Tenant must pay all rent to Mortgagee, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is that Agent has elected to be deemed require Tenant to (i) cause Mortgagee pay to succeed to or to assume any obligations Agent the rent and responsibilities as Landlord other charges payable by Tenant under the Lease, Tenant shall (without any duty to inquire as to the enforceability or validity of Agent’s notice) until Agent shall have canceled such election in writing, thereafter pay to Agent all of which continue rent and other sums payable under the Lease and such payments to Agent shall be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations treated as payments made under the Lease. Landlord irrevocably Any such payment shall be made notwithstanding any right of setoff, defense or counterclaim which Tenant may have against Landlord, or any right to terminate the Lease. Lxxxxxxx authorizes and directs Tenant to comply with immediately and continuously make all such payments at the direction of Agent, releases Tenant of any Rent Payment Noticeand all liability to Landlord for any and all payments so made, notwithstanding any contrary direction, instruction, or assertion and agrees that payments actually made by Landlord. Tenant is entitled to rely on any Rent Payment NoticeAgent shall be credited towards the amounts due under the Lease.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Ionis Pharmaceuticals Inc), Lease Agreement (Ionis Pharmaceuticals Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall 5 103 continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice of claim of Landlord to the contrary, that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Except as otherwise specifically set forth in the Lease, Tenant further acknowledges and agrees: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or consent be given to the waiver or release of Tenant from the performance or observance of any obligation under the Lease without the prior written consent of Lender, and without such consent, no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as Mortgagee directs lessor under the Lease has been assigned to Lender for the purposes specified in writingthe Assignment of Leases, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instructionand Lender assumes no duty, direction, liability or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all except only under the circumstances, terms and conditions specifically set forth in the Assignment of which continue to be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to Leases or this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 2 contracts

Samples: Attornment Agreement (Unisphere Networks Inc), Attornment Agreement (Unisphere Solutions Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord Lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignmentterms thereof, rent all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Mortgage or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice of claim of Landlord to the contrary, that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice, and all such payments by Tenant to Lender are fully authorized by Landlord and treated for all purposes as payments of Fixed or Additional Rent under the Lease. Except as otherwise specifically set forth in the Lease, Tenant further acknowledges and agrees: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or consent be given to the waiver or release of Tenant from the performance or observance of any obligation under the Lease without the prior written consent of Lender, and without such consent, no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as Mortgagee directs Lessor under the Lease has been assigned to Lender for the purposes specified in writingthe Assignment of Leases, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instructionand Lender assumes no duty, direction, liability or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all except only under the circumstances, terms and conditions specifically set forth in the Assignment of which continue to be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to Leases or this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 2 contracts

Samples: And Attornment Agreement (Rsa Security Inc/De/), Attornment Agreement (Rsa Security Inc/De/)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Mortgage or the Assignment of Leases or the indebtedness secured thereby, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice and notwithstanding any contrary instructionnotice of claim of Landlord to the contrary, directionthat Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Except as otherwise specifically set forth in the Lease, Tenant further acknowledges and agrees: (a) without the consent of Lender, no rent may be collected or assertion from Landlord. Neither Mortgagee's delivery accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to Tenant Lender under the Assignment of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to Leases, and Lender assumes no duty, liability or to assume any obligations and responsibilities as Landlord obligation under the Lease, all of which continue to be performed except only under the circumstances, terms and discharged solely by Landlord, unless and until any attornment occurs pursuant to conditions specifically set forth in this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 1 contract

Samples: Lease and Termination Agreement (Netscout Systems Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Mortgage and the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing miring by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender’s agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and Landlord covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Mortgage or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Mortgage and/or the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Mortgage and discharged solely by Landlordthe Assignment of Leases, unless and until any attornment occurs pursuant to this Agreement; Lender assumes no duty, liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Mortgage and/or the Assignment of Leases.

Appears in 1 contract

Samples: Lease Agreement (Solid Biosciences Inc.)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Security Deed and the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent to Mortgagee, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to rental payments then due or to assume any obligations and responsibilities as Landlord become due under the Lease, including, without limitation, any and all payments provided in Section 8.2 of which the Lease, directly to Lender or to Lender's agent designated in such notice and to continue to be performed and discharged solely do so until otherwise notified in writing by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations under the LeaseLender. Landlord hereby irrevocably directs and authorizes Tenxxx xx make rental payments directly to Lender following receipt of such notice, and Landlord covenants and agrees that Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled shall have the right to rely on such notice without any Rent Payment Noticeobligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Lender and Landlord further agree that Tenant shall be credited under the Lease for any rental payment received by Lender pursuant to such written notice.

Appears in 1 contract

Samples: Acme Packet Inc

Assignment of Leases. (a) Tenant hereby acknowledges that all of -------------------- Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Assignment of Leases, and discharged solely by LandlordLender assumes no duty, unless and until any attornment occurs pursuant to this Agreement; liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Assignment of Leases.

Appears in 1 contract

Samples: Indemnity and Public Liability (Lycos Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Assignment of Leases, and discharged solely by LandlordLender assumes no duty, unless and until any attornment occurs pursuant to this Agreement; liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Assignment of Leases.

Appears in 1 contract

Samples: Lease Agreement (Wildblue Communications Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duty assigned to Mortgagee Lender pursuant to the provisions terms of the Security Deed and the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases ` or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Security Deed and the Assignment of Leases, the Lease cannot be terminated other than pursuant to its express terms (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Security Deed and discharged solely by Landlordthe Assignment of Leases, unless and until any attornment occurs pursuant to this Agreement; Lender assumes no duty, liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Security Deed and the Assignment of Leases.

Appears in 1 contract

Samples: Lease (Onesource Information Services Inc)

Assignment of Leases. (a) Tenant hereby acknowledges and agrees that all of the Landlord’s right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment Assignment, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender’s agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice without any obligation to inquire as to whether any default exists under the Mortgage or the Assignment or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Payments of Rent made by Tenant, pursuant to any notice given it by Lender, shall be deemed in satisfaction of Tenant’s rental obligations under the Lease to the same extent as Mortgagee directs in writing, until if such time as Mortgagee directs otherwise in writingRent were paid directly to Landlord. Tenant must comply with further acknowledges and agrees: (a) that under the provisions of the Assignment, the Lease cannot be terminated except as provided in the Lease (nor can Landlord accept any Rent Payment Notice notwithstanding surrender of the Lease) nor amended or modified in any contrary instructionof its material terms, direction, consent by Landlord be given to the waiver or assertion release of Tenant from Landlord. Neither Mortgagee's delivery to Tenant the performance or observance of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all in each such case, without the prior written consent of which continue Lender except as otherwise provided in the Assignment, and without such consent no Rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Assignment, and discharged solely Lender assumes no duty, liability or obligation under the Lease by Landlordreason of the Mortgage and/or the Assignment, unless except only under the circumstances, terms and until any attornment occurs pursuant to conditions specifically set forth in the Mortgage, the Assignment and this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 1 contract

Samples: Indenture of Lease (Motus GI Holdings, Inc.)

AutoNDA by SimpleDocs

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeXxxxxx. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Xxxxxx. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Assignment of Leases, and discharged solely by LandlordXxxxxx assumes no duty, unless and until any attornment occurs pursuant to this Agreement; liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Assignment of Leases.

Appears in 1 contract

Samples: Tenant Estoppel Agreement (Homegrocer Com Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Mortgage and the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be he paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Mortgage or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Mortgage and the Assignment of Leases, the Lease cannot be terminated by Landlord (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writingconsent be given to the waiver or, until such time as Mortgagee directs otherwise in writing. release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Mortgage and discharged solely by Landlordthe Assignment of Leases, unless and until any attornment occurs pursuant to this Agreement; Lender assumes no duty, liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeexcept as may be specifically provided for herein.

Appears in 1 contract

Samples: Lease (Boron Lepore & Associates Inc)

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Xxxxxx. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges: (a) that under the provisions of the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Assignment of Leases, and discharged solely by LandlordXxxxxx assumes no duty, unless and until any attornment occurs pursuant to this Agreement; liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Assignment of Leases.

Appears in 1 contract

Samples: Office Building Lease (Onyx Software Corp/Wa)

Assignment of Leases. (a) Tenant acknowledges that Landlord’s right, title, it has been advised that Landlord has assigned the Lease and the rents thereunder to Lender pursuant to a certain Assignment of Leases and Rents from Landlord to Lender (the “Assignment”). Tenant acknowledges that the interest as of the Landlord under the Lease is to be assigned to Mortgagee pursuant to Lender solely as security for the provisions of purposes specified in the Assignment and that pursuant to the provisions Assignment, and, on account of the Assignment, rent Lender shall have no duty, liability or obligation whatsoever under the Lease continues to be paid to Landlord in accordance with the provisions or any extension or renewal thereof, either by virtue of the Lease Assignment or by any subsequent receipt or collection of rents thereunder, unless and until Tenant is otherwise notified in writing by Mortgagee. From and after Tenant's receipt of written notice from Mortgagee (a Rent Payment Notice), Tenant must pay all rent to Mortgagee, or as Mortgagee directs in writing, until Lender shall specifically undertake such time as Mortgagee directs otherwise liability in writing. The foregoing agreement by Tenant must comply shall not adversely affect any rights of Tenant under the Lease with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from respect to the Landlord in the event of nonperformance by Landlord. Neither Mortgagee's delivery Tenant agrees that if Lender, pursuant to the Assignment of Leases and Rents, and whether or not it becomes a mortgagee in possession, shall give written notice to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is that Lender has elected to be deemed require Tenant to (i) cause Mortgagee pay to succeed to or to assume any obligations Lender the rent and responsibilities as Landlord other charges payable by Tenant under the Lease, Tenant shall, until Lender shall have canceled such election, thereafter pay to Lender all of which continue rent and other sums payable under the Lease and such payments to Lender shall be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations treated as payments made under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, Any such payment shall be made notwithstanding any contrary directionright of setoff, instructiondefense or counterclaim which Tenant may have against Landlord, or assertion by any right to terminate the Lease (except to the extent that any such setoff, defense, counterclaim or termination right is expressly set forth in the Lease; Tenant hereby agreeing to provide Lender with contemporaneous copies of any notice that is a condition precedent to such setoff, defense, counterclaim or termination right under the Lease contemporaneously with the giving of such notices to Landlord. Tenant is entitled to rely on any Rent Payment Notice).

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (LogMeIn, Inc.)

Assignment of Leases. (a) Tenant acknowledges that Landlord’s right, title, and interest as Landlord under the Lease is assigned to Mortgagee pursuant to the provisions of the Assignment and that pursuant to the provisions of the Assignment, rent under the Lease continues to be paid to Landlord in accordance with the provisions of the Lease unless and until Tenant is otherwise notified in writing by Mortgagee. From and after TenantXxxxxx's receipt of written notice from Mortgagee (a Rent Payment Notice), Tenant must pay all rent to Mortgagee, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord under the Lease, all of which continue to be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary direction, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Notice.

Appears in 1 contract

Samples: , and Attornment Agreement

Assignment of Leases. (a) Tenant hereby acknowledges that all of Landlord’s 's right, title, title and interest as Landlord lessor under the Lease is being duly assigned to Mortgagee Lender pursuant to the provisions terms of the Security Deed and the Assignment of Leases, and that pursuant to the provisions of the Assignment, rent terms thereof all rental payments under the Lease continues shall continue to be paid to Landlord in accordance with the provisions terms of the Lease unless and until Tenant is otherwise notified in writing by MortgageeLender. From and after Tenant's Upon receipt of any such written notice from Mortgagee (a Rent Payment Notice)Lender, Tenant must pay covenants and agrees to make payment of all rent rental payments then due or to Mortgageebecome due under the Lease directly to Lender or to Lender's agent designated in such notice and to continue to do so until otherwise notified in writing by Lender. Landlord hereby irrevocably directs and authorizes Tenant to make rental payments directly to Lender following receipt of such notice, and covenants and agrees that Tenant shall have the right to rely on such notice without any obligation to inquire as to whether any default exists under the Security Deed or the Assignment of Leases or the indebtedness secured thereby, and notwithstanding any notice or claim of Landlord to the contrary, and that Landlord shall have no right or claim against Tenant for or by reason of any rental payments made by Tenant to Lender following receipt of such notice. Tenant further acknowledges and agrees: (a) that under the provisions of the Security Deed and the Assignment of Leases, the Lease cannot be terminated (nor can Landlord accept any surrender of the Lease) or modified in any of its terms, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. consent be given to the waiver or release of Tenant must comply with from the performance or observance of any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is to be deemed to (i) cause Mortgagee to succeed to or to assume any obligations and responsibilities as Landlord obligation under the Lease, all without the prior written consent of which continue Lender, and without such consent no rent may be collected or accepted by Landlord more than one month in advance; and (b) that the interest of Landlord as lessor under the Lease has been assigned to be performed Lender for the purposes specified in the Security Deed and discharged solely by Landlordthe Assignment of Leases, unless and until any attornment occurs pursuant to this Agreement; Lender assumes no duty, liability or (ii) relieve Landlord of any obligations obligation under the Lease. Landlord irrevocably directs Tenant to comply with any Rent Payment Notice, notwithstanding any contrary directionexcept only under the circumstances, instruction, or assertion by Landlord. Tenant is entitled to rely on any Rent Payment Noticeterms and conditions specifically set forth in the Security Deed and the Assigment of Leases.

Appears in 1 contract

Samples: Subordination Agreement (Parexel International Corp)

Assignment of Leases. (a) Tenant acknowledges that Landlord’s rightit has been advised that Xxxxxxxx has assigned the Lease and the rents thereunder to Agent, titlefor the benefit of the Lenders, and pursuant to the Security Instrument. Tenant acknowledges that the interest as of the Landlord under the Lease is to be assigned to Mortgagee Agent solely as security for the purposes specified in the Security Instrument, and, on account of the Security Instrument, Agent shall have no duty, liability or obligation whatsoever under the Lease or any extension or renewal thereof, either by virtue of the Security Instrument or by any subsequent receipt or collection of rents thereunder, unless Agent shall specifically undertake such liability in writing. The foregoing agreement by Tenant shall not adversely affect any rights of Tenant under the Lease with respect to the Landlord in the event of nonperformance by Landlord, subject to the terms of this Agreement. Tenant agrees that if Agent, pursuant to the provisions of the Assignment Security Instrument, and that pursuant to the provisions of the Assignmentwhether or not it becomes a mortgagee in possession, rent under the Lease continues to be paid to Landlord in accordance with the provisions of the Lease unless and until Tenant is otherwise notified in writing by Mortgagee. From and after Tenant's receipt of shall give written notice from Mortgagee (a Rent Payment Notice), Tenant must pay all rent to Mortgagee, or as Mortgagee directs in writing, until such time as Mortgagee directs otherwise in writing. Tenant must comply with any Rent Payment Notice notwithstanding any contrary instruction, direction, or assertion from Landlord. Neither Mortgagee's delivery to Tenant of a Rent Payment Notice nor Tenant's compliance with a Rent Payment Notice is that Agent has elected to be deemed require Tenant to (i) cause Mortgagee pay to succeed to or to assume any obligations Agent the rent and responsibilities as Landlord other charges payable by Tenant under the Lease, Tenant shall (without any duty to inquire as to the enforceability or validity of Agent’s notice) until Agent shall have canceled such election in writing, thereafter pay to Agent all of which continue rent and other sums payable under the Lease and such payments to Agent shall be performed and discharged solely by Landlord, unless and until any attornment occurs pursuant to this Agreement; or (ii) relieve Landlord of any obligations treated as payments made under the Lease. Landlord irrevocably Any such payment shall be made notwithstanding any right of setoff, defense or counterclaim which Tenant may have against Landlord, or any right to terminate the Lease. Xxxxxxxx authorizes and directs Tenant to comply with immediately and continuously make all such payments at the direction of Agent, releases Tenant of any Rent Payment Noticeand all liability to Landlord for any and all payments so made, notwithstanding any contrary direction, instruction, or assertion and agrees that payments actually made by Landlord. Tenant is entitled to rely on any Rent Payment NoticeAgent shall be credited towards the amounts due under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Ionis Pharmaceuticals Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.