Cancellation; Surrender; Modification; Amendment. There shall be no cancellation, surrender (which term shall be deemed to include any determination by Tenant to treat this Lease as terminated under 11 U.S.C. § 365(h) if Landlord rejects this Lease in a bankruptcy or insolvency proceeding affecting Landlord) or modification of this Lease which is binding on any Permitted Lender (other than correction of scrivener’s errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent Landlord or Tenant from terminating this Lease pursuant to the express terms hereof, subject, however, to each Permitted Lender’s rights to obtain a New Lease in accordance with Section 10.3.2(d)). Tenant hereby advises Landlord that Tenant is assigning any right which it may have to object to any sale of Landlord’s interests in the Premises and the Improvements free and clear of this Lease under the terms of 11 U.S.C. § 363(f)(2) to the Permitted Lenders to act on Tenant’s behalf and any such objection by Permitted Mortgage Lenders shall be as effective as if made by Tenant and, for the benefit of Landlord, Tenant hereby waives any and all right to object to any sale of Landlord’s interests in the Premises so assigned to the Permitted Lenders. So long as a Permitted Encumbrance remains outstanding, Landlord shall not consent to any amendment or modification of this Lease that is not consented to in writing by each Permitted Lender with an outstanding Permitted Lease Encumbrance of which Landlord has received notice.
Cancellation; Surrender; Modification; Amendment. There shall be no voluntary cancellation, surrender (which term shall be deemed to include rejection by any Public Entity of the Project Implementation Agreement in a Bankruptcy Case in which any Public Entity is a debtor) or modification of the Project Implementation Agreement that is binding on any Permitted Lender (other than correction of scrivener's errors), without the prior written consent of each Permitted Lender (but nothing herein shall prevent the Public Entities or Developer from terminating the Project Implementation Agreement pursuant to the express terms hereof, subject, however, to the rights of the Permitted Lender designated to exercise the cure rights to obtain a New Agreement in accordance with Section 3(b)(iv) of this Annex I). So long as a Permitted Financing Encumbrance remains outstanding, none of the Public Entities shall grant consent or be deemed to consent to any voluntary cancellation, surrender, amendment or modification of the Project Implementation Agreement that is not consented to in writing by each Permitted Lender with an outstanding Permitted PIA Financing Encumbrance of which the Public Entities have received notice.
