Common use of Default Notice Clause in Contracts

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 13 contracts

Samples: Master Lease (MGM Resorts International), Master Lease (Eldorado Resorts, Inc.), Master Lease (Gaming & Leisure Properties, Inc.)

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Default Notice. Landlord, upon providing Tenant Landlord shall provide to any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall Leasehold Mortgagee at the same time provide Leasehold Mortgagee Address a copy of such any notice to every Permitted Leasehold Mortgagee for which of default or notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice of termination given by Landlord to Tenant under this Lease and no such notice shall be deemed to have been duly given unless and effective until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted each Leasehold Mortgagee. After receipt or rejection of such notice, such Permitted any Leasehold Mortgagee shall have the same period, period as Tenant after the giving receipt of such notice upon its remedying any by Tenant to cure such default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation on behalf of such Permitted any Leasehold Mortgagee as if done by Tenant. A Leasehold Mortgagee shall be entitled to exercise all the rights of Tenant under this Lease. Notwithstanding the provisions of Section 16 of this Lease, if Landlord shall give to Tenant any notice of termination of this Lease, a copy shall be delivered to any Leasehold Mortgagee at the Leasehold Mortgagee Address and such Leasehold Mortgagee shall have thirty (30) days from receipt of such notice to cure such default (including payment of any sums then due to Landlord under the Lease), or, if such default does not involve the payment of any moneys to Landlord and is of such a nature that it cannot be completely cured within such thirty (30)-day period, to commence curing the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee within such thirty (30) days and thereafter to diligently pursue curing the extent such action is authorized under the applicable Debt Agreement) to take same in good faith, and in any such action at such Permitted Leasehold Mortgagee’s option event this Lease shall not terminate but shall continue in full force and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purposeeffect.

Appears in 12 contracts

Samples: Master Leasing Agreement (Aimco OP L.P.), Master Lease Agreement (Aimco OP L.P.), Master Lease Agreement (Aimco OP L.P.)

Default Notice. LandlordLessor, upon providing Tenant any notice of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose. If Leasehold Mortgagee has failed to cure Tenant’s default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Section 16.2, Section 16.3 and Section 17.1.

Appears in 11 contracts

Samples: Guaranty of Lease (Kindred Healthcare, Inc), Master Lease Agreement (Kindred Healthcare, Inc), Master Lease Agreement (Ventas Inc)

Default Notice. Landlord, Landlord upon providing Tenant Developer any notice -------------- of: (i) default under this Master Lease or Lease, (ii) a termination of this Master Lease, or (iii) a matter of which Landlord may predicate or claim a default, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. No such notice by Landlord to Tenant Developer shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, so provided to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofhaving a lien upon the Premises. From and after the date such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant Developer after the giving of such notice to TenantDeveloper, plus in each instance, the additional periods of time specified in subsections (d) 4.6 and (e) of this Section 17.1 4.7 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxDeveloper. Tenant Developer authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 4 contracts

Samples: Lease Agreement (Kilroy Realty Corp), Lease Agreement (Kilroy Realty Corp), Lease Agreement (Kilroy Realty Corp)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Pinnacle Entertainment Inc.), Agreement and Plan of Merger (Gaming & Leisure Properties, Inc.), Agreement and Plan of Merger (PNK Entertainment, Inc.)

Default Notice. LandlordLessor, upon providing Tenant any notice of: -------------- (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose.. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and 17.1. ------------- ---- ----

Appears in 2 contracts

Samples: Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. LandlordLessor, upon providing Tenant any notice of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose. If Leasehold Mortgagee has failed to cure Tenant’s default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and 17.1.

Appears in 2 contracts

Samples: Master Lease Agreement (Ventas Inc), Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. Landlord, upon providing delivering any Notice to Tenant any notice of: (i) default under this Master Lease a Tenant Default or (ii) a termination of this Master Lease, shall at the same time provide deliver a copy of such notice Notice to every Permitted the Leasehold Mortgagee for with respect to which Landlord received notice has been properly provided to Landlord pursuant to under Section 17.1(b) hereof25.1.2. No such notice Notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in delivered to the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for with respect to which Landlord received notice has been properly provided to Landlord pursuant to under Section 17.1(b) hereof25.1.2. From and after such notice Notice has been sent delivered to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving delivery of such notice upon its remedying Notice to it in which to remedy any default or acts or omissions which are the subject matter of such notice Notice or causing cause the same to be remedied, as Tenant is given Tenant entitled to plus an additional thirty (30) calendar days or such additional reasonable period of time as may be required as long as Leasehold Mortgagee commences the cure within such thirty (30) calendar day period and diligently continues to pursue the cure thereafter, but in no event more than an additional sixty (60) calendar days after the giving delivery of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Xxxxxx and Tenant authorizes hereby constitutes and appoints each Permitted Leasehold Mortgagee (as Tenant’s attorney-in-fact with full power, in Tenant’s name, place and stead, at Tenant’s cost and expense, to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry enter upon the premises by the Permitted Leasehold Mortgagee for such purposeLeased Premises to perform any of Tenant’s obligations under this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Ground Lease Agreement

Default Notice. LandlordLessor, upon providing Tenant any -------------- notice of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 30 days to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its remedies specified in Sections 16.2, 16.3, 16.4 and 17.1.

Appears in 2 contracts

Samples: Master Lease Agreement (Ventas Inc), Master Lease Agreement (Vencor Healthcare Inc)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying remedy or cause to be remedied remedied, or if such default is not capable of being cured by the payment of money, to commence remedying or causing to be remedied, the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, which election shall be effective conditioned upon such Permitted Leasehold Mortgagee timely giving Landlord notice (the “Lender Cure Election Notice”) to such effect. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 2 contracts

Samples: Master Lease (Gaming & Leisure Properties, Inc.), Master Lease (Boyd Gaming Corp)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remediednotice, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (dSection 17.1(d) and (eSection 17.1(e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises Leased Property by the Permitted Leasehold Mortgagee for such purpose.

Appears in 2 contracts

Samples: Master Lease (Communications Sales & Leasing, Inc.), Master Lease (Windstream Services, LLC)

Default Notice. Landlord, upon providing Tenant any notice of: of (i) -------------- default under this Master Lease Lease, or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted any Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly so provided to Landlord pursuant to Section 17.1(b) hereofthe Leasehold Mortgagee. From and after the date upon which such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections paragraphs (df) and (eg) of this Section 17.1 paragraph 35 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted any Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Entire Agreement (Megabios Corp)

Default Notice. LandlordLessor, upon providing Tenant any notice -------------- of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose.. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, ------------- 16.3 and 17.1. ---- -----

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. LandlordLessor, upon providing Tenant Lessee any notice of: (i) default under this Master Lease Lease, or (ii) a termination of this Master Lease, or (iii) a matter on which Lessor may predicate or claim a default, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee. Each such notice to Lessee and Leasehold Mortgagee for which shall specify the nature and amount of money due and owing to Lessor as of the date of such notice, if such notice has been properly provided is given with respect to Landlord pursuant a monetary default and/or shall specify the nature of such other default if such notice is given with respect to Section 17.1(b) hereofa non-monetary default. No such notice by Landlord Lessor to Tenant Lessee shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, given to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying it, to remedy any default (or acts or omissions which are the subject matter of such notice notice) or causing cause the same to be remedied, as is given Tenant Lessee after the giving of such notice to TenantLessee under the Lease, plus in each instance, the additional periods of time specified in subsections (d) Section 34.6 and (e) of this Section 17.1 34.7 to remedy, commence remedying or cause to be remedied the defaults (or acts or omissions which are the subject matter of such notice notice) specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises Premises and Building by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Lease (Kenan Advantage Group Inc)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this CLEC Master Lease or (ii) a termination of this CLEC Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this CLEC Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remediednotice, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (dSection 17.1(d) and (eSection 17.1(e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Property by the Permitted Leasehold Mortgagee for such purpose.. 7474

Appears in 1 contract

Samples: Clec Master Lease (Uniti Group Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Lease (Penn National Gaming Inc)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon with respect to its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Equity Purchase Agreement (Wynn Resorts LTD)

Default Notice. Landlord, upon providing delivering any Notice to Tenant any notice of: (i) default under this Master Lease a Tenant Default or (ii) a termination of this Master Lease, shall at the same time provide deliver a copy of such notice Notice to every Permitted the Leasehold Mortgagee for with respect to which Landlord received notice has been properly provided to Landlord pursuant to under Section 17.1(b) hereof25.1.2. No such notice Notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in delivered to the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for with respect to which Landlord received notice has been properly provided to Landlord pursuant to under Section 17.1(b) hereof25.1.2. From and after such notice Notice has been sent delivered to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving delivery of such notice upon its remedying Notice to it in which to remedy any default or acts or omissions which are the subject matter of such notice Notice or causing cause the same to be remedied, as Tenant is given Tenant entitled to plus an additional thirty (30) calendar days or such additional reasonable period of time as may be required as long as Leasehold Mortgagee commences the cure within such thirty (30) calendar day period and diligently continues to pursue the cure thereafter, but in no event more than an additional sixty (60) calendar days after the giving delivery of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes and Tenant hereby constitutes and appoints each Permitted Leasehold Mortgagee (as Tenant’s attorney-in-fact with full power, in Tenant’s name, place and stead, at Tenant’s cost and expense, to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry enter upon the premises by the Permitted Leasehold Mortgagee for such purposeLeased Premises to perform any of Tenant’s obligations under this Lease.

Appears in 1 contract

Samples: Ground Lease Agreement

Default Notice. LandlordLessor, upon providing Tenant any notice -------------- of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose.. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and ------------- ---- 17.1. ----

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. LandlordLessor, upon providing Tenant any notice -------------- of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose.. If Leasehold Mortgagee has failed to cure Tenant's default within the above- mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and 17.1. ------------- ---- ----

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon with respect to its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease (Eldorado Resorts, Inc.)

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Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon with respect to its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such |US-DOCS\126208570.12|| Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease (Caesars Entertainment, Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: of (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease17.1(m), to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (dSection 17.1(d) and (eSection 17.1(e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Purchase Agreement (MGM Resorts International)

Default Notice. Landlord, upon providing Tenant any notice of: of (i) default -------------- under this Master Lease Lease, or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly so provided to Landlord pursuant to Section 17.1(b) hereofthe Leasehold Mortgagee. From and after the date upon which such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections paragraphs (df) and (eg) of this Section 17.1 Schedule to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted the Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s 's option and does hereby authorize entry upon upon-the premises Premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Work Letter Agreement (Megabios Corp)

Default Notice. LandlordLessor, upon providing Tenant any notice -------------- of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose.. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and 17.1. ------------- ---- ----

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare Inc)

Default Notice. The Landlord, upon on providing the Tenant any notice of: the -------------- Notice of (i) default under Default of Tenant as provided in this Master Lease Lease, or (ii) any act or omission of the Tenant on which the Landlord may claim a termination of this Master Leasedefault, shall at the same time will provide a copy of such notice the Notice to every Permitted any Leasehold Mortgagee for Mortgagee. If, because of the Default of Tenant, the Landlord elects to terminate this Lease, the Notice of the Landlord to the Tenant will include the date on which notice has been properly provided the Landlord intends to Landlord pursuant to Section 17.1(b) hereofterminate this Lease. No such notice Notice by the Landlord to the Tenant shall will be deemed to have been duly given unless and until a copy thereof of the Notice has been sent, in given to the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice Mortgagee. When the Notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall will have the same period, after the giving 20 days to remedy any Default of such notice upon its remedying any default Tenant or acts or omissions which are provided for in the subject matter of such notice or causing the same to be remediedNotice, as is given Tenant after the giving of such notice to Tenant, plus and in each instance, instance the additional periods of time specified provided for in subsections (d) and (e) this Leasehold Mortgages paragraph of this Section 17.1 Lease (the "Grace -------------------- Period"), to remedy, commence remedying start remedying, or cause to be remedied the defaults Defaults of Tenant or acts or omissions which are provided for in the subject matter of such notice specified in any such noticeNotice. The Landlord shall will accept such performance by or at the instigation of such Permitted a Leasehold Mortgagee as if the same had been performance were done by Xxxxxxthe Tenant. Tenant authorizes each Permitted Leasehold Mortgagee (to The Landlord will not terminate this Lease if during the extent such action is authorized under Grace Period the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.:

Appears in 1 contract

Samples: Lease and Project Participation Agreement (Colorado Greenhouse Holdings Inc)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying remedy or cause to be remedied remedied, or if such default is not capable of being cured by the payment of money, to commence remedying or causing to be remedied, the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, which election shall be effective conditioned upon such Permitted Leasehold Mortgagee timely giving Landlord notice (the “Lender Cure Election Notice”) to such effect. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease (Boyd Gaming Corp)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, ACTIVE/119970514.22 plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease (Gaming & Leisure Properties, Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this ILEC Master Lease or (ii) a termination of this ILEC Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this ILEC Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remediednotice, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (dSection 17.1(d) and (eSection 17.1(e) of this Section 17.1 to remedy, commence remedying 7474 or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises Leased Property by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Ilec Master Lease (Uniti Group Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon with respect to its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.. (d)

Appears in 1 contract

Samples: Master Lease (Gaming & Leisure Properties, Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: of (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 17.1(m) of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease (MGM Growth Properties Operating Partnership LP)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (d) and (e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by Xxxxxx. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s option and does hereby authorize entry upon the premises by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Lease (Blackstone Real Estate Income Trust, Inc.)

Default Notice. Landlord, upon providing Tenant any notice of: (i) default under this Master Lease Lease; or (ii) a termination of this Master Lease, shall at the same time provide a copy of such notice to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. From and after such notice has been sent to a Permitted Leasehold Mortgagee, such Permitted Leasehold Mortgagee shall have the same period, after the giving of such notice upon its remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remediednotice, as is given Tenant after the giving of such notice to Tenant, plus in each instance, the additional periods of time specified in subsections (dSection 17.1(d) and (eSection 17.1(e) of this Section 17.1 to remedy, commence remedying or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice. Landlord shall accept such performance by or at the instigation of such Permitted Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Property by the Permitted Leasehold Mortgagee for such purpose.

Appears in 1 contract

Samples: Master Lease

Default Notice. LandlordLessor, upon providing Tenant any notice of: (ia) default under this Master Lease or (iib) a termination of this Master Lease, in whole or in part, shall at the same time provide a copy of such notice to every Permitted the Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof. No such notice by Landlord to Tenant shall be deemed to have been duly given unless and until a copy thereof has been sent, in the manner prescribed in Section 35.1 of this Master Lease, to every Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereofMortgagee. From and after the time such notice has been sent given to a Permitted Leasehold Mortgagee, such Permitted the Leasehold Mortgagee shall have the same period, after the giving of such notice upon its it, for remedying any default or acts or omissions which are the subject matter of such notice or causing the same to be remedied, as is given Tenant after the giving of such notice to Tenant, plus in each instance(i) except if subsection (ii) below is applicable, the additional periods of time specified in subsections thirty (d30) and (e) of this Section 17.1 days to remedy, commence remedying to remedy or cause to be remedied the defaults or acts or omissions which are the subject matter of such notice specified in any such notice, provided that such defaults are capable of being cured by the Leasehold Mortgagee or on behalf of the Leasehold Mortgagee, or (ii) fifteen (15) days to remedy any Rent defaults which are the subject matter of such notice specified in any such notice. Landlord Lessor shall accept such performance by or at the instigation of such Permitted the Leasehold Mortgagee as if the same had been done by XxxxxxTenant. Tenant authorizes each Permitted Leasehold Mortgagee (to the extent such action is authorized under the applicable Debt Agreement) to take any such action at such Permitted the Leasehold Mortgagee’s 's option and does hereby authorize entry upon the premises Leased Properties by the Permitted Leasehold Mortgagee for such purpose. If Leasehold Mortgagee has failed to cure Tenant's default within the above-mentioned time period, Lessor may exercise its rights and remedies specified in Sections 16.2, 16.3 and 17.1.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

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