Common use of Bank’s Financial Condition Clause in Contracts

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all of Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of credit, which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten fifteen (1015) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall not constitute a default of this Lease but shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including, without limitation, Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s 's long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s 's failure to obtain such substitute L/-C within ten thirty (1030) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s 's then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all of Landlord’s outside counsel’s reasonable attorneys’ fees costs incurred in connection with the review of the any replacement letter of creditL-C (including without limitation Landlord's reasonable attorneys' fees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.. -68- 000 XXXXXXXX XXXXXX [Airbnb, Inc.]

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and TenantXxxxxx’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or LandlordXxxxxxxx’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21Section 3.5, and Tenant’s failure to obtain such substitute L/-C within ten fifteen (1015) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 3.5.C, below. Tenant shall be responsible for the payment of any and all of Landlord’s outside counsel’s reasonable attorneys’ fees costs incurred in connection with the review of the any replacement letter of creditL-C (including without limitation Landlord’s reasonable, out-of-pocket attorneys’ fees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including, without limitation, Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21Exhibit G, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten thirty (1030) business days following Landlord’s [535 Mission Street] written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 2122, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 22.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21Section 32, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, Landlord to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in this Section 21.3 32 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant. Upon receipt of such substitute L-C, Landlord shall promptly return the original L-C to Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s 's long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s 's failure to obtain such substitute L/-C within ten (10) business days following Landlord’s 's written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s 's then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all of Landlord’s outside counsel’s reasonable attorneys’ fees costs incurred in connection with the review of the any replacement letter of creditL-C (including without limitation Landlord's reasonable attorneys' fees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/C within ten twenty (1020) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-/C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L/C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “"Bank Credit Threat”"), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten fifteen (1015) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.

Bank’s Financial Condition. If, at any time during the Lease Term, the Bank’s long term credit rating is reduced below the Credit Rating Threshold, or if the financial condition of the Bank changes in any other materially adverse way (either, a “Bank Credit Threat”), then Landlord shall have the right to require that Tenant obtain from a different issuer a substitute L/-C that complies in all respects with the requirements of this Article 21, and Tenant’s failure to obtain such substitute L/-C within ten (10) business days following Landlord’s written demand therefor (with no other notice or cure or grace period being applicable thereto, notwithstanding anything in this Lease to the contrary) shall entitle Landlord, or Landlord’s then managing agent, to immediately draw upon the then existing L-L- C in whole or in part, without notice to Tenant, as more specifically described in Section 21.3 21.3, below. Tenant shall be responsible for the payment of any and all costs incurred with the review of any replacement L-C (including without limitation Landlord’s outside counsel’s reasonable attorneys’ fees incurred in connection with the review of the replacement letter of creditfees), which replacement is required pursuant to this Section or is otherwise requested by Tenant.