IN-POSSESSION Sample Clauses

IN-POSSESSION. The Owner is in peaceful, legal and physical possession of the Project Properties by way of purchase.
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IN-POSSESSION. Any customer who files for Chapter 11 court protection shall be sold on a pre-payment basis. Exceptions shall be made for those estates that are determined to present minimal additional risk during reorganization.
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IN-POSSESSION. Nothing herein shall be construed to constitute Administrative Agent as a "mortgagee-in-possession" in the absence of its taking actual possession of the Property pursuant to the powers granted herein or in any other Loan Instrument or to impose any liability or obligation on Administrative Agent under or with respect to the Leases. Any rental income or any other monies collected by Administrative Agent in connection with the Property shall be applied by Administrative Agent to any sums then due ASSIGNMENT OF LEASES AND RENTS AND OTHER INCOME - Page 6 ----------------------------------------------- Lenders under the Loan Instruments, including any liabilities, losses, damages, claims, demands, costs, expenses, or fees incurred by Administrative Agent in connection with or arising from the Loan Instruments or the Property, in such order as Administrative Agent may elect.
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IN-POSSESSION. PLEDGE AND SECURITY AND INTERCREDITOR AGREEMENT Dated as of August 6, 2015 between ALPHA NATURAL RESOURCES, INC., the Debtor-in-Possession, as a Grantor, EACH OF THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, CITIBANK, N.A., as Term Agent, Term LC Agent, and Bonding LC Agent, and EACH OF THE OTHER AGENTS FROM FROM TIME TO TIME PARTY HERETO, as a Revolving Agent and/or a Second Out Agent TABLE OF CONTENTS Page ARTICLE 1
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IN-POSSESSION. Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all of Trustor's right, title and interest in all rents and revenues of the Property, including those now due, past due, or to become due by virtue of any Lease, regardless of to whom such rents and revenues of the Property are payable. Trustor hereby authorizes Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant and subtenant of the Property to pay such rents, to Beneficiary or Beneficiary's agents; provided, however, that prior to the occurrence of an Event of Default, Trustor shall be permitted to take all action required under and enforce any rights or liabilities under the Leases and shall have a license to collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor, to apply the rents and revenues so collected to the sums secured by this Instrument with the balance, to the account of Trustor and take such other actions as Trustor shall be permitted to take pursuant to the license granted in Section 1 of the Assignment of Leases (the "LICENSE"), it being intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon the occurrence of an Event of Default and upon delivery of written notice by Beneficiary to Trustor of such Event of Default (containing a statement that Beneficiary shall exercise its rights to the rents), and without the necessity of Beneficiary entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall immediately be entitled to possession of all of Trustor's rents and revenues of the Property as specified in this PARAGRAPH 25 as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately be held by Trustor in trust for the benefit of Beneficiary only. Trustor agrees that commencing upon delivery of such written notice by Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant and subtenant therefor, delivered to each tenant and subtenant personally or by mail, without any liability on the part of said tenant or subtenant to inquire further as to the existence of a default...
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IN-POSSESSION. As you have given notice to the Department of Transportation (Department) to terminate your above‑referenced tenancy on (enter date) , it is the responsibility of the Department to inform you that you are entitled to request an initial inspection of the property. Under California Civil Code, Section 1950.5, if an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord must give at least 48 hours’ prior written notice of the date and time of the inspection even if a mutually agreed upon time and date has been agreed upon. The tenant and landlord may agree to forgo the 48‑hour prior written notice by both parties signing a written waiver. The signing of this document by the parties or their agent(s) is intended as a waiver of the 48‑hour prior written notice requirement under California Civil Code, Section 1950.5, and no other right or obligation of either party is thereby waived. This Inspection Notice may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Notice. In order to expedite the transaction contemplated herein, to the extent allowable under applicable Law, telecopied signatures or signatures transmitted by electronic mail in so-called "pdf" format may be used in place of original signatures on this Notice. All parties intend to be bound by the signatures on the telecopied or e-mailed document, are aware that the other party will rely on the telecopied or e-mailed signatures which shall be of the same force and effect as hand-written signatures, and hereby waive any defenses to the enforcement of the terms of this Inspection Notice based on such telecopied or e-mailed signatures. Executed this ____________________ day of ________________________________________, __________ at (City) , California. (Type Agent’s Name) (Tenant)
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IN-POSSESSION. As you have given notice to the Department of Transportation (Department) to terminate your above‑referenced tenancy on (enter date) , it is the responsibility of the Department to inform you that you are entitled to request an initial inspection of the property. Under California Civil Code, Section 1950.5, if an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord must give at least 48 hours’ prior written notice of the date and time of the inspection even if a mutually agreed upon time and date has been agreed upon. The tenant and landlord may agree to forgo the 48‑hour prior written notice by both parties signing a written waiver. The signing of this document by the parties or their agent(s) is intended as a waiver of the 48‑hour prior written notice requirement under California Civil Code, Section 1950.5, and no other right or obligation of either party is thereby waived. Executed this ____________________ day of ________________________________________, __________ at (City) , California. (Type Agent’s Name) (Tenant)
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Related to IN-POSSESSION

  • Parties in Possession Except as disclosed on Exhibit B, there are no parties in possession of any Leased Property or any portion thereof as managers, lessees, tenants at sufferance, or trespassers.

  • DELAY IN POSSESSION If for any reason Lessor cannot deliver possession of the Premises to Lessee by the Early Possession Date, if one is specified in Paragraph 1.4, or if no Early Possession Date is specified, by the Commencement Date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Lessee hereunder, or extend the term hereof, but in such case, Lessee shall not, except as otherwise provided herein, be obligated to pay rent or perform any other obligation of Lessee under the terms of this Lease until Lessor delivers possession of the Premises to Lessee. If possession of the Premises is not delivered to Lessee within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing to Lessor within ten (10) days after the end of said sixty (60) day period, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. Except as may be otherwise provided, and regardless of when the Original Term actually commences, if possession is not tendered to Lessee when required by this Lease and Lessee does not terminate this Lease, as aforesaid, the period free of the obligation to pay Base Rent, if any, that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to the period during which the Lessee would have otherwise enjoyed under the terms hereof, but minus any days of delay caused by the acts, changes or omissions of Lessee.

  • Mortgagee in Possession Nothing herein contained shall be construed as constituting the Lender a mortgagee-in-possession in the absence of the actual taking of possession of the Premises by the Lender pursuant to this Mortgage.

  • No liability as mortgagee in possession Neither the Security Agent nor any Receiver will be liable, by reason of entering into possession of a Security Asset, to account as mortgagee in possession or for any loss on realisation or for any default or omission for which a mortgagee in possession might be liable.

  • No Mortgagee in Possession Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

  • Quiet Possession Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease.

  • TERM; POSSESSION The Term of this Lease shall commence on the Commencement Date and shall end on the Expiration Date, unless extended or sooner terminated in accordance with this Lease. If Landlord is delayed in delivering possession of all or any portion of the Premises to Tenant as of the Commencement Date, Tenant will take possession on the date Landlord delivers possession, which date will then become the Commencement Date (and the Expiration Date will be extended so that the length of the Term remains unaffected by such delay). Subject to this Section 4, Landlord shall not be liable for any loss or damage to Tenant resulting from any delay in delivering possession due to the holdover of any existing tenant or other circumstances outside of Landlord’s reasonable control. In the event that the Tenant Improvements are not Substantially Completed within one hundred (100) days following the date that Landlord receives a building permit to commence the Tenant Improvements in the Premises (the “Delivery Date”), subject to Tenant Delay or force majeure (in the event of either, the Delivery Date shall be extended by one (1) day for each one (1) day of Tenant Delay or force majeure), Landlord shall credit Tenant against Minimum Annual Rent due under this Lease an amount equal to the holdover portion of Tenant’s existing rental obligations under Tenant’s existing Lease actually incurred by Tenant following the Delivery Date, which Tenant represents to Landlord is equal to $17,031.13 per month. Notwithstanding anything in this Lease to the contrary, if the Commencement Date has not occurred on or before one hundred ninety (190) days following the date that Landlord receives a building permit for the Tenant Improvements, for any reason other than Tenant Delay or force majeure, then Tenant shall have the right to terminate this Lease by written notice to Landlord, as Tenant’s sole and exclusive remedy with respect to such delay, except as provided above, subject to Tenant giving Landlord thirty (30) days’ advance written notice of its intention to terminate this Lease if Substantial Completion shall not occur within such thirty (30) day period, in which event all amounts prepaid or deposited by Tenant hereunder shall be promptly returned to Tenant.

  • ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION (a) As part of the consideration for the Indebtedness, Borrower absolutely and unconditionally assigns and transfers to Lender all Rents. It is the intention of Borrower to establish a present, absolute and irrevocable transfer and assignment to Lender of all Rents and to authorize and empower Lender to collect and receive all Rents without the necessity of further action on the part of Borrower. Promptly upon request by Lender, Borrower agrees to execute and deliver such further assignments as Lender may from time to time require. Borrower and Lender intend this assignment of Rents to be immediately effective and to constitute an absolute present assignment and not an assignment for additional security only. For purposes of giving effect to this absolute assignment of Rents, and for no other purpose, Rents shall not be deemed to be a part of the Mortgaged Property. However, if this present, absolute and unconditional assignment of Rents is not enforceable by its terms under the laws of the Property Jurisdiction, then the Rents shall be included as a part of the Mortgaged Property and it is the intention of the Borrower that in this circumstance this Instrument create and perfect a lien on Rents in favor of Lender, which lien shall be effective as of the date of this Instrument.

  • Surrender of Possession Immediately prior to the expiration or upon the sooner termination of this Lease, Tenant shall remove all of Tenant’s signs from the exterior of the Building and shall remove all of Tenant’s equipment, trade fixtures, furniture, supplies, wall decorations and other personal property from the Leased Premises, and shall vacate and surrender the Leased Premises to Landlord in the same condition, broom clean, as existed at the Lease Commencement Date. Tenant shall repair all damage to the Leased Premises caused by Tenant or by Tenant’s removal of Tenant’s property and all damage to the exterior of the Building caused by Tenant’s removal of Tenant’s signs. Tenant shall patch and refinish, to Landlord’s reasonable satisfaction, all penetrations made by Tenant or its employees to the floor, walls or ceiling of the Leased Premises, whether such penetrations were made with Landlord’s approval or not. Tenant shall clean, repair or replace all stained or damaged ceiling tiles, wall coverings and clean or replace as may be required floor coverings to the reasonable satisfaction of Landlord. Tenant shall replace all burned out light bulbs and damaged light lenses, and clean and repaint all painted walls. Tenant shall repair all damage caused by Tenant to the exterior surface of the Building and the paved surfaces of the outside areas adjoining the Leased Premises and, where necessary, replace or resurface same. Additionally, Tenant shall, prior to the expiration or sooner termination of this Lease, remove any improvements installed by Tenant (other than the initial tenant improvements install pursuant to Exhibit F) and repair all damage caused by such removal, unless Landlord, at the time it consented to such improvements waived the right to require such removal. If the Leased Premises are not surrendered to Landlord in the condition required by this Article at the expiration or sooner termination of this Lease, Landlord may, at Tenant’s expense, so remove Tenant’s signs, property and/or improvements not so removed and make such repairs and replacements not so made or hire, at Tenant’s expense, independent contractors to perform such work. Tenant shall be liable to Landlord for all costs incurred by Landlord in returning the Leased Premises to the required condition, plus interest on all costs incurred from the date paid by Landlord at the then maximum rate of interest not prohibited by Law until paid, payable by Tenant to Landlord within ten days after receipt of a statement therefore from Landlord, and Tenant shall be deemed to have impermissibly held over until such time as such required work is completed, and Tenant shall pay Base Monthly Rent and Additional Rent in accordance with the terms of Section 13.2 (Holding Over) until such work is completed. Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Leased Premises, including, without limitation, any claims made by any succeeding tenant or any losses to Landlord due to lost opportunities to lease to succeeding tenants.

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