Common use of Leasehold Mortgage Clause in Contracts

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;

Appears in 3 contracts

Samples: Commencement Agreement (Embassy Bancorp, Inc.), Commencement Agreement (Embassy Bancorp, Inc.), Commencement Agreement (Embassy Bancorp, Inc.)

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Leasehold Mortgage. Tenant and every successor and assignee of Tenant is hereby given the right by Landlordright, in addition from time to any other rights herein granted, time during the Term without Landlord's ’s prior written consent, to mortgage its interest in this Lease Lease, under a leasehold mortgage one or more times leasehold mortgage(s) and to assign Tenant's interest under this Lease as collateral security for such mortgage mortgages upon the condition that all rights acquired under such mortgage mortgages shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights, interest rights and estate interests of Landlord herein, none of which covenants, conditions or restrictions are is or shall be waived by Landlord by reason of the right so given to so mortgage such interestinterest in this Lease, except as may be expressly provided hereinin this Section 15.4, and all such leasehold mortgages shall be subject and subordinate to any existing or future Mortgage in the same manner and to the same extent this Lease is subject and subordinate to any such existing or future Mortgage. Any such Leasehold mortgage shall be a lien only upon Tenant’s leasehold estate hereunder and shall not be a lien upon Landlord’s fee or reversionary interest in the Demised Premises, and no such leasehold mortgage shall be deemed or interpreted as a subordination of Landlord’s fee interest or interest in this Lease. If Tenant and/or Tenant's successors and assigns shall mortgage their this leasehold interest (a "Leasehold Mortgage") pursuant to the provisions hereof, and if the holder(s) of any such mortgage (a "Leasehold Mortgagee"mortgage(s) shall send to Landlord a true copy thereof, together with 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" mortgagee(s) and any mortgage held by pertinent recording data with respect to such Recognized Mortgagee, a "Recognized Mortgagee"mortgage(s), Landlord agrees that so long as any such Recognized Mortgage leasehold mortgagee(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to Landlordunsatisfied, the following provisions shall apply;:

Appears in 1 contract

Samples: Lease Agreement (Church & Dwight Co Inc /De/)

Leasehold Mortgage. (a) Tenant and every successor and assignee of Tenant is hereby given the right by Landlordmay, in addition its sole discretion from time to time, enter into one or more mortgages, deeds of trust, assignments of leases and rents or similar security instruments (each, a “Leasehold Mortgage”) encumbering Tenant’s leasehold interest hereunder in favor of any lender (a “Leasehold Mortgagee”) as security for a loan or other rights herein granted, without indebtedness of Tenant. The Landlord's ’s prior written consent, not to mortgage its interest in this Lease under a leasehold mortgage one be unreasonably withheld, conditioned 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 delayed, shall be subject required with respect to each and all any Leasehold Mortgage made in favor 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 a Leasehold Mortgagee that is not an Institutional Lender. Tenant 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 give to Landlord prompt written notice specifying of any Leasehold Mortgage encumbering the leasehold estate demised hereby in favor of an Institutional Lender, which notice shall include 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 Leasehold Mortgagee, a "Recognized statement confirming that such Leasehold Mortgagee is an Institutional Lender, and an executed copy of the Leasehold Mortgage. Landlord and Tenant expressly intend and agree that the provisions of this Section 16 and such other provisions of this Lease which, by their terms, are for the benefit of a Leasehold Mortgagee"), Landlord agrees that so long as any are intended for the benefit of and enforceable by such Recognized Mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to LandlordLeasehold Mortgagee and its nominees, the following provisions shall apply;designees, successors and assigns.

Appears in 1 contract

Samples: Ground Lease Agreement (Kaiser Aluminum Corp)

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Leasehold Mortgage. Section 1. At any time and from time to time during the Term of this Lease, Tenant and every successor and assignee of Tenant is hereby given the right by Landlord, in addition to any other rights herein grantedmay, without Landlord's prior written ’s consent, to mortgage its or otherwise encumber Tenant’s interest in the Leased Premises and in this Lease (the “Leasehold Interest”) under a leasehold mortgage one or more times leasehold mortgages and to assign Tenant's interest under this Lease the Leasehold Interest as collateral security for such mortgage upon or mortgages; provided, however, that the condition that all rights acquired under term of any such leasehold mortgage shall not extend beyond the term of this Lease. Landlord hereby covenants and agrees that the making of a leasehold mortgage shall not be subject or be deemed to each and all be an assignment or transfer of this Lease or of the covenantsestate hereby created, conditions and restrictions set forth in nor shall any leasehold mortgagee of Tenant be or be deemed to be an assignee or transferee of this Lease, and to all rights, interest and estate of Landlord herein, none of which covenants, conditions Lease or restrictions are or shall be waived by Landlord by reason of the right estate hereby created so given as to require such leasehold mortgagee to assume the performance of any of the terms, covenants or conditions on the part of Tenant to be performed hereunder. In the event Tenant seeks to mortgage such interest, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns shall mortgage their leasehold interest its 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 (or 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"part thereof), Landlord agrees that so long as any to enter into a recognition, non-disturbance and attornment agreement with such Recognized Mortgage shall remain unsatisfied of record or until written notice of satisfaction is given leasehold mortgagee, in the form provided by the holder applicable leasehold mortgagee and containing such commercially reasonable changes thereto as agreed to Landlordby such leasehold mortgagee, the following provisions shall apply;Landlord and Tenant.

Appears in 1 contract

Samples: Lease (CMI Acquisition, LLC)

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