Common use of Compliance With Facility Mortgages Clause in Contracts

Compliance With Facility Mortgages. Tenant agrees to operate the Facility and to maintain the Facility and the Leased Property in a manner that complies in all material respects with the terms of any Facility Mortgage, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)). Tenant shall make all deliveries of information with respect to the Leased Property available to Tenant and required under such Facility Mortgages and shall otherwise comply with the operational requirements in such Facility Mortgages, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)), including, without limitation, complying in all material respects with the insurance requirements (subject to the proviso in the penultimate sentence of this Paragraph 54(b)) and the financial reporting requirements. Tenant shall not have any right to approve the terms of any Facility Mortgage, and Landlord may enter into any Facility Mortgage as Landlord may determine in Landlord's sole and absolute discretion; provided, however, that Landlord agrees that the business terms, provisions and conditions contained in any Facility Mortgage (other than the Existing Facility Mortgage) shall be commercially reasonable in the then current market at the time that such Facility Mortgage is obtained and shall be reasonably consistent with the then current standards for similar-type financing transactions affecting similar types of properties (provided, however, that with respect to assessing whether the insurance requirements under the proposed Facility Mortgage satisfy the foregoing requirement, the standard set forth in Paragraph 18(a)(xiv) shall govern); provided, further, that in no event shall the terms of any Facility Mortgage increase the Base Rent payable hereunder or alter the payment schedule for Base Rent, and Tenant agrees that Tenant's obligation to comply with the terms of any such Facility Mortgage shall not be deemed to be in contravention or conflict with the terms of this Lease, even in cases where the Facility Mortgage imposes obligations that are greater than the obligations of Tenant under this Lease. Landlord shall deliver to Tenant drafts of all proposed new Facility Mortgage loan documents at least fifteen (15) Business Days prior to entering into same.

Compliance With Facility Mortgages. Tenant agrees to operate each of the Facility Facilities and to maintain each of the Facility Facilities and all of the Leased Property Properties in a manner that complies in all material respects with the terms of any Facility Mortgage, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)). Tenant shall make all deliveries of information with respect to the applicable Leased Property available to Tenant and required under such Facility Mortgages and shall otherwise comply with the operational requirements in such Facility Mortgages, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)), including, without limitation, complying in all material respects with the insurance requirements (subject to the proviso in the penultimate sentence of this Paragraph 54(b)) and the financial reporting requirements. Tenant shall not have any right to approve the terms of any Facility Mortgage, and Landlord may enter into any Facility Mortgage as Landlord may determine in Landlord's sole and absolute discretion; provided, however, that Landlord agrees that the business terms, provisions and conditions contained in any Facility Mortgage (other than the Existing Facility Mortgage) shall be commercially reasonable in the then current market at the time that such Facility Mortgage is obtained and shall be reasonably consistent with the then current standards for similar-type financing transactions affecting similar types of properties as reflected, generally, in mortgages, deeds of trust and security deeds encumbering other assisted living and independent living facilities which are similar to those owned and/or managed by Guarantor or its direct or indirect subsidiaries (provided, however, that with respect to assessing whether the insurance requirements under the proposed Facility Mortgage satisfy the foregoing requirement, the standard set forth in Paragraph 18(a)(xiv) shall govern); provided, further, that in no event shall the terms of any Facility Mortgage increase the Base Rent payable hereunder or alter the payment schedule for Base Rent, and Tenant agrees that Tenant's obligation to comply with the terms of any such Facility Mortgage shall not be deemed to be in contravention or conflict with the terms of this Lease, even in cases where the Facility Mortgage imposes obligations that are greater than the obligations of Tenant under this Lease. Landlord shall deliver to Tenant drafts of all proposed new Facility Mortgage loan documents at least fifteen (15) Business Days prior to entering into same.

Compliance With Facility Mortgages. Tenant agrees to operate each of the Facility Facilities and to maintain each of the Facility Facilities and all of the Leased Property Properties in a manner that complies in all material respects with the terms of any Facility Mortgage, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)). Tenant shall make all deliveries of information with respect to the applicable Leased Property available to Tenant and required under such Facility Mortgages and shall otherwise comply with the operational requirements in such Facility Mortgages, provided the same do not conflict with the terms of this Lease (subject to the penultimate sentence of this Paragraph 54(b)), including, without limitation, complying in all material respects with the insurance requirements (subject to the proviso in the penultimate sentence of this Paragraph 54(b)) and the financial reporting requirements. Tenant shall not have any right to approve the terms of any Facility Mortgage, and Landlord may enter into any Facility Mortgage as Landlord may determine in Landlord's sole and absolute discretion; provided, however, that Landlord agrees that the business terms, provisions and conditions contained in any Facility Mortgage (other than the Existing Facility Mortgage) shall be commercially reasonable in the then current market at the time that such Facility Mortgage is obtained and shall be reasonably consistent with the then current standards for similar-type financing transactions affecting similar types of properties as reflected, generally, in mortgages, deeds of trust and security deeds encumbering other assisted living and independent living facilities which are similar to those owned and/or managed by Guarantor or its direct or indirect subsidiaries (provided, however, that with respect to assessing whether the insurance requirements under the proposed Facility Mortgage satisfy the foregoing requirement, the standard set forth in Paragraph 18(a)(xiv) shall govern); provided, further, that in no event shall the terms of any Facility Mortgage increase the Base Rent payable hereunder or alter the payment schedule for Base Rent, and Tenant agrees that Tenant's obligation to comply with the terms of any such Facility Mortgage shall not be deemed to be in contravention or conflict with the terms of this Lease, even in cases where the Facility Mortgage imposes obligations that are greater than the obligations of Tenant under this Lease. Landlord shall deliver to Tenant drafts of all proposed new Facility Mortgage loan documents at least fifteen (15) Business Days prior to entering into same.