Leasehold Mortgage. Tenant or any sublessee may, at any time and from time to time, without obtaining Landlord’s consent, hypothecate, mortgage, grant or pledge its right, title or interest hereunder or in its sublease (as the case may be), and/or in the Generating Facility, to any Leasehold Mortgagee as security for the repayment of any indebtedness and/or the performance of any obligation (a “Mortgage”). Tenant shall give Landlord written notice of the name, address, phone number and email address of any Leasehold Mortgagee within fifteen days after a Mortgage is entered into by Tenant. As used herein, the term “Leasehold Mortgagee” collectively includes any financial institution or other person or entity, including, for avoidance of doubt, a back-leverage lender or an equity (including tax equity) investor, that from time to time provides financing to Tenant, an Affiliate of Tenant, or a sublessee for some or all of the Generating Facility, and any agent, security agent, collateral agent, indenture trustee, loan trustee, loan participant or participating or syndicated lenders involved in whole or in part in such financing, and their respective representatives, successors and assigns. Landlord agrees to use its commercially reasonable efforts, at no cost to Landlord, to cooperate with Tenant and any sublessee in Tenant’s or such sublessee’s (as applicable) efforts to obtain financing from a Leasehold Mortgagee. Tenant or any sublessee that has entered into a transfer, assignment or sublease or has granted a Mortgage shall give notice of the same (including the name and address of the assignee, sublessee or Leasehold Mortgagee, as the case may be) to Landlord; provided, however that the failure to give such notice shall not constitute a default or event of default under this Lease but rather shall only have the effect of relieving Landlord from any obligation to such assignee, sublessee or Leasehold Mortgagee until such notice is given. Landlord hereby consents to the recordation of the interest of the assignee, sublessee or Leasehold Mortgagee in the Official Records of Pueblo County, Colorado.
Leasehold Mortgage. Provide whether the tenant can mortgage its leasehold interest as security for a loan. 20.
Leasehold Mortgage. Lessee shall at all times and from time to time have the right to encumber by mortgage, deed of trust, or security agreement (the “Mortgage”) Lessee’s leasehold estate in the Premises, together with Lessee’s rights and interests in all buildings, fixtures, equipment, and improvements situated thereon, and all rents, issues, profits, revenues, and other income to be derived by Lessee therefrom, to secure such loans from time to time made by any Person to Lessee; provided, however, that such Mortgage shall in no event encumber Lessor’s fee title or leasehold interest (as applicable) in the Premises or Lessor’s interest under this Lease.
Leasehold Mortgage. The Landlord hereby consents to the execution and delivery by the Tenant to the Administrative Agent for the benefit of the Secured Parties of a leasehold mortgage and/or deed of trust (the “Leasehold Mortgage”) which shall secure the Secured Obligations and cover the Tenant’s rights under the Lease, the leasehold estate created thereby and all Collateral of the Tenant located on the Premises. The Landlord consents to the recording of the Lease (or a Memorandum of Lease or other summary of the Lease), the Leasehold Mortgage by the Administrative Agent, and any Uniform Commercial Code fixture filing in connection therewith, in the real property records of the county in which the Premises is located and any other appropriate recording office.]
Leasehold Mortgage. Tenant and every successor and assignee of Tenant is hereby given the right by Landlord, in addition to any other rights herein granted, without Landlord's prior written consent, to mortgage its interest in this Lease under a leasehold mortgage one or more times and to assign Tenant's interest under this Lease as collateral security for such mortgage upon the condition that all rights acquired under such mortgage shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights, interest and estate of Landlord herein, none of which covenants, conditions or restrictions are or shall be waived by Landlord by reason of the right so given to mortgage such interest, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns shall mortgage their leasehold interest (a "Leasehold Mortgage") and if the holder(s) of such mortgage (a "Leasehold Mortgagee") shall send to Landlord written notice specifying the name and address of the mortgagee (any such lender that shall have given such notice only if such lender is not an affiliate of Tenant shall be deemed a "Recognized Mortgagee" and any mortgage held by such Recognized Mortgagee, a "Recognized Mortgagee"), Landlord agrees that so long as any such Recognized Mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to Landlord, the following provisions shall apply;
Leasehold Mortgage. Landlord and Tenant acknowledge and agree that simultaneous with the execution and delivery of this Agreement, Tenant shall mortgage its interest in this Agreement to Marriott to secure Tenant's obligations to Marriott pursuant to the Liquidity Facility Agreement. Tenant and Marriott acknowledge and agree that such mortgage and all rights of Marriott thereunder are and shall at all times be junior, subordinate and inferior to Landlord's rights and interests hereunder.
Leasehold Mortgage. Under no circumstances may Tenant mortgage, encumber or hypothecate County’s Fee Interest, other than as required by TCAC pursuant to its lease rider, if any, in connection with the award of low income housing tax credits to Tenant, the form of which shall have been approved by County.
Leasehold Mortgage. (a) Tenant shall have the unrestricted right at any time and from time to time without Landlord’s consent to mortgage the Property and the Leased Premises, including the Improvements, and its leasehold interest under this Lease (but not Landlord’s fee interest), subject however to the limitations hereinafter set forth (including Landlord’s prior security interest described in Paragraph 26 (b) below). Any such mortgage shall be subject and subordinate to the rights of Landlord hereunder. A mortgage of the Property and/or Tenant’s leasehold interest under this Lease is herein referred to as a “Leasehold Mortgage,” and the party holding the Leasehold Mortgage (including any affiliate of such party) the “Leasehold Mortgagee.”
Leasehold Mortgage. Tenant shall not mortgage, encumber or hypothecate County’s Fee Interest under any circumstances.
Leasehold Mortgage. “Leasehold Mortgage” shall have the meaning set forth in Section 20.1 below.
