Common use of Leasehold Mortgages Clause in Contracts

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) 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(s), or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(s), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with written notice specifying the name and address of the Mortgagee and the pertinent recording date with respect to such Mortgage(s), Landlord agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord Landlord, in addition to any other rights herein granted, with or without Landlord's prior written consent, to mortgage its interest interests in this Lease(s)Lease, or including, without limitation, any part or parts thereofeasements granted by Landlord for the benefit of the Premises, and any sublease(s) under one or more leasehold Mortgage(sdeed(s) of trust or mortgage(s) (individually, a "Mortgage" and collectively, the "Mortgages"), and assign to give to the holder of any such Mortgage (a "Mortgagee") a lien, assignment and/or security interest in (i) any personal property included within this Lease, (ii) the rents, income, receipts, revenues and profits of the Premises, (iii) any assignment, subleases or other transfer of all or any part of Tenant's rights under this Lease (iv) any rights of extension, renewal or parts thereofexpansion contained in this Lease, and any sublease(s) as collateral security for such Mortgage (sMortgage(s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, Lease and to all rights and interest interests of Landlord herein, none of which covenants, conditions or restrictions conditions, restrictions, rights and interests is or shall be waived by Landlord by reason of the right so given so to Tenant to mortgage such interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, Lease and if the holder(s) of Mortgagee under such Mortgage(s) shall, within thirty (30) days of its execution, Mortgage shall send to Landlord a true copy thereofof any such Mortgage, together with a written notice specifying the name and address addresses of the Mortgagee and the pertinent recording date with respect to such Mortgage(s), Landlord agrees that so long as any obligations secured by such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlordunsatisfied, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor its successors and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is assigns are hereby given the right by Landlord in addition to any other rights herein granted, without Landlord's prior written consent, to mortgage its interest interests in this Lease(s), or any part or parts thereof, Lease and any sublease(s) under one or more first leasehold Mortgage(s)mortgages, and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (sMortgage(s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest interests of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's or its successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, shall send to Landlord a true copy thereof, together with written notice specifying the name and address of the Mortgagee and the pertinent recording date date, if any, with respect to such Mortgage(s) (which notice provision may be satisfied by a letter from the leasehold Mortgagee to Landlord specifying each Building location subject to such mortgage, and that a true and correct form of such leasehold Mortgage is attached to such letter), Landlord agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord Landlord, in addition to any other rights herein granted, without Landlord's prior written consent, to mortgage its interest interests in this Lease(s)Lease, or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(smortgage(s) (each, a "Leasehold Mortgage"), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (sLeasehold Mortgage(s), upon the condition that all rights acquired under such Leasehold Mortgage(s) shall shall, except as otherwise specifically provided herein, be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest interests of Landlord herein, none of which covenants, conditions or and restrictions set forth in this Lease is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. Notwithstanding the foregoing, Tenant shall not create or permit to exist any lien, mortgage, or charge on, pledge of, or conditional sale or other title retention agreement with respect to, or encumbrance of any kind on Landlord's interest in Landlord's estate and/or interest in the Premises and/or this Lease. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Leasehold Mortgage(s) (each, a "Leasehold Mortgagee") shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording date with respect to such Leasehold Mortgage(s), . Landlord agrees that so long as any such leasehold Leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(sapplicable Leasehold Mortgagee(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01(a) Leasehold Mortgages Permitted; Notice to Landlord. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given shall have the right by Landlord in addition to any other rights herein grantedright, without Landlord's prior written consent, to mortgage its interest in under this Lease(sLease by means of a Leasehold Mortgage to a Leasehold Mortgagee, for any amounts and upon any terms, including term of loan, interest rates, payment terms (including balloon or amortizing loans), prepayment privileges or any part other restrictions as may be desired by Tenant, provided that (i) at the time of making such Leasehold Mortgage, there is no existing or parts thereofunremedied Put/Call Default or Event of Default, and any sublease(s(ii) under one or more leasehold Mortgage(s), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security the Leasehold Mortgagee satisfies the criteria for such Mortgage (s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all an assignee of the covenants, conditions and restrictions Lease as set forth in paragraph 25(b) of this Lease (other than and specifically excluding subitems (3) and (4) thereof which do not have to be satisfied unless and until such Leasehold Mortgagee becomes a successor to Tenant's interest under this Lease) and (iii) within ten (10) Business Days after the execution and delivery of any such Leasehold Mortgage, and the requirements of paragraph 19(b) are satisfied. Notwithstanding the foregoing, no Leasehold Mortgage shall extend to or affect all rights and interest or any portion of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such Landlord's interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with written notice specifying the name and address of the Mortgagee and the pertinent recording date with respect to such Mortgage(s), Landlord agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlord, the following provisions shall apply:Premises.

Leasehold Mortgages. SECTION 33.01. Tenant ASC, and every successor and assign of Tenant (includingASC, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord IMA in addition to any other rights herein granted, without Landlordsubject to IMA's prior written consentconsent which shall not be unreasonably withheld, to mortgage its interest interests in this Lease(s)the Lease, or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(s), and to assign this the Lease, or any part or parts thereof, and any sublease(s) subleases, or parts thereof, as collateral security for such Mortgage (sMortgage(s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all every one of the covenants, conditions and restrictions set forth in this the Lease, and to all rights and interest interests of Landlord IMA herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord IMA by reason of the right given so to mortgage such interest in this the Lease, except as expressly provided herein. If Tenant ASC and/or TenantASC's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, leasehold or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, shall send to Landlord a true copy thereof, together with IMA written notice of such Mortgage(s) specifying the name and address of the Mortgagee Mortgagee(s) and the pertinent recording date data with respect to such Mortgage(s), Landlord IMA agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to LandlordIMA, the following provisions shall apply:

Leasehold Mortgages. SECTION Section 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's ’s prior consent) is hereby given the right by Landlord in addition to any other rights herein granted, without Landlord's ’s prior written consent, to mortgage its interest in this Lease(s), or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(s), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's ’s successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's ’s prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with written notice specifying the name and address of the Mortgagee and the pertinent recording date with respect to such Mortgage(s), Landlord agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Section 19.1 Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord in addition to any other rights herein granted, without Landlord's prior written consent, to mortgage (including conveyance by deed of trust) its interest interests in this Lease(s)Lease, or any part or parts thereof, and any sublease(s) thereof under one or more leasehold Mortgage(s), ) and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (sMortgage(s), upon the condition that all rights acquired under such Mortgage(s) shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest interests of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Mortgage(s) shall, within thirty (30) days of its execution, execution send to Landlord a true copy thereof, thereof together with written notice native specifying the name and address of the Mortgagee Mortgagees) and the pertinent recording date with respect to such Mortgage(s), ) Landlord agrees that so long as any such leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord in addition to any other rights herein granted, without subject to Landlord's ’s prior written consent, to mortgage its interest interests in this Lease(s)Lease, or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(smortgage(s) (each, a "Leasehold Mortgage"), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (sLeasehold Mortgage(s), upon the condition that all rights acquired under such Leasehold Mortgage(s) shall shall, except as otherwise specifically provided herein, be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest interests of Landlord herein, none of which covenants, conditions or and restrictions set forth in this Lease is or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided herein. Notwithstanding the foregoing, Tenant shall not create or permit to exist any lien, mortgage, or charge on, pledge of, or conditional sale or other title retention agreement with respect to, or encumbrance of any kind on Landlord’s interest in Landlord’s estate and/or interest in the Demised Premises and/or this Lease. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage this leasehold, or any part or parts thereof, and if the holder(s) of such Leasehold Mortgage(s) (each, a "Leasehold Mortgagee") shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording date with respect to such Leasehold Mortgage(s), Landlord agrees that so long as any such leasehold Leasehold Mortgage(s) shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(sapplicable Leasehold Mortgagee(s) to Landlord, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) Lessee is hereby given the right by Landlord in addition to any other rights herein granted, without Landlord's prior written consent, Lessor to mortgage its interest in this Lease(s)Lease from time to time, under a single leasehold mortgage (as the same may be amended, modified, consolidated, extended or any part or parts thereofrefinanced, and any sublease(s) under one or more leasehold Mortgage(sthe "Leasehold Mortgage"), and assign this Lease, or any part or parts thereof, and any sublease(s) as collateral security for such Mortgage (s)the Leasehold Mortgage, upon the condition that all rights acquired under or as a result of such Mortgage(s) Leasehold Mortgage shall be subject and subordinate to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest of Landlord herein, none of which covenants, conditions now or restrictions is hereafter affecting the Premises or shall be waived by Landlord by reason of the right given so to mortgage such interest in this Lease, except as expressly provided hereinany portion thereof. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) Lessee shall mortgage this leaseholdLease, or any part or parts thereofhereof, and if the holder(s) holder of such Mortgage(sLeasehold Mortgage (the "Leasehold Mortgagee") shall, within thirty shall provide Lessor with notice of the Leasehold Mortgage (30) days of its execution, send to Landlord including a true copy thereof, together with written notice specifying ) and the name and address of the Mortgagee and the pertinent recording date with respect to such Mortgage(s), Landlord Leasehold Mortgagee. Lessor agrees that following receipt of such notice by Lessor, and so long as any such leasehold Mortgage(s) the Leasehold Mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder(s) Leasehold Mortgagee to LandlordLessor, the following provisions shall apply:

Leasehold Mortgages. SECTION 33.01. Tenant and every successor and assign of ------------------- Tenant (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) is hereby given the right by Landlord in addition to any other rights herein grantedLandlord, without with Landlord's prior written consentconsent which shall not be unreasonably withheld or delayed, to mortgage its interest in this Lease(s), or any part or parts thereof, and any sublease(s) under one or more leasehold Mortgage(s), Lease and assign its interest in this Lease, or any part or parts thereof, and any sublease(s) Lease as collateral security for such Mortgage (s)mortgage, upon the condition that all conditions set forth in this Section 22.6. ------------ All rights acquired under such Mortgage(s) mortgage shall be subject to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and interest interests of Landlord hereinunder this Lease, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right rights given so Tenant to mortgage such its interest in this Lease, except as expressly provided hereinin this Section 22.6. The mortgagee ------------ or beneficiary of any such leasehold mortgage or assignment shall be an Institution. For such purposes of this Section 22.6, an "Institution" shall mean ------------ ----------- a bank, savings and loan association, trust company, insurance company, public pension fund or retirement fund, or any subsidiary of any of the foregoing, or any other entity or governmental agency regularly engaged in commercial lending. If Tenant and/or Tenant's successors and assigns (including, but not limited to, any sublessee of Tenant, but only with Tenant's prior consent) shall mortgage all or part of its interest in this leasehold, or any part or parts thereof, Lease and if the holder(s) holder of such Mortgage(s) mortgage shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, thereof together with written notice specifying the name and address of the Mortgagee mortgagee and the pertinent recording date data with respect to such Mortgage(s)mortgage, Landlord agrees that so long as any such the leasehold Mortgage(s) shall remain mortgage remains unsatisfied of record or until written notice of satisfaction is given by the holder(s) holder to Landlord, the following provisions shall apply: