Common use of Leases Affecting the Real Property Clause in Contracts

Leases Affecting the Real Property. Mortgagor agrees faithfully to perform all of its obligations under all present and future Leases at any time assigned to Mortgagee as additional security, and to refrain from any action or inaction which would result in termination of any such Leases or in the diminution of the value thereof or of the Rents due thereunder. Mortgagor represents and warrants that as of the effective date of this Mortgage there are no Leases, except as set forth in the Credit Agreement, affecting the Real Property1. All future Leases made after the effective date of this Mortgage shall include provisions requiring the lessees thereunder, at Mortgagee’s option and without any further documentation, to attorn to Mortgagee as lessor if for any reason Mortgagee becomes lessor thereunder, and to pay rent to Mortgagee after the occurrence and during the continuance of an Event of Default, upon demand, and Mortgagee shall not be responsible under such Lease for matters arising prior to Mortgagee becoming lessor thereunder. In addition, Mortgagee shall have the right at any time hereafter, upon notice to the applicable lessee thereunder, but without any further documentation or consent, to unilaterally subordinate the lien of this Mortgage to any Lease.

Appears in 2 contracts

Samples: Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc)

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Leases Affecting the Real Property. Mortgagor agrees faithfully to perform in all of material respects its obligations under all present and future Leases at any time assigned to Mortgagee as additional securityLeases, and to refrain from any action or inaction which would result in termination of any such Leases Leases, or in the diminution of the value thereof or of the Rents due thereunder. Mortgagor represents and warrants that as of the effective date of this Mortgage there are no Leases, except as set forth in otherwise permitted under each of the Credit Agreement, affecting Indentures and the Real Property1other Secured Note Documents. All future Leases made after the effective date of this Mortgage shall include commercially reasonable provisions requiring the lessees thereunder, at Mortgagee’s option and without any further documentation, to attorn to Mortgagee as lessor if for any reason Mortgagee becomes lessor thereunder, and to pay rent to Mortgagee after the occurrence and during the continuance of an Actionable Event of Default, upon demand, and Mortgagee shall not be responsible under such Lease for matters arising prior to Mortgagee becoming lessor thereunderfollowing notice thereof. In addition, Mortgagee shall have the right at any time hereafter, upon notice to the applicable lessee thereunder, but without any further documentation or consent, to unilaterally subordinate the lien of this Mortgage to any Lease.

Appears in 2 contracts

Samples: Indenture (CBL & Associates Limited Partnership), Indenture (CBL & Associates Limited Partnership)

Leases Affecting the Real Property. Mortgagor agrees faithfully to perform all of its obligations under all present and future Leases at any time assigned to Mortgagee as additional security, and to refrain from any action or inaction which would result in termination of any such Leases or in the material diminution of the value thereof or of the Rents due thereunder. Notwithstanding the foregoing, Mortgagor represents and warrants that as of the effective date of this Mortgage there are no Leases, except as set forth may terminate De Minimis Leases in the Credit Agreementordinary course of Mortgagor’s business and in the exercise of Mortgagor’s prudent business judgment. As used herein, affecting the Real Property1term “De Minimis Leases” shall mean Leases that provide for (i) a term (including any renewal or extension term) of three (3) years or less, (ii) a rental rate of at least reasonable market rental rate for comparable leases, and (iii) a leased premises of less than 7,500 square feet. All future Leases made after the effective date of this Mortgage shall include provisions requiring the lessees thereunder, at Mortgagee’s option and without any further documentation, to attorn to Mortgagee as lessor if for any reason Mortgagee becomes lessor thereunder, and to pay rent to Mortgagee after the occurrence and during the continuance of an Event of Default, upon demand, and Mortgagee shall not be responsible under such Lease for matters arising prior to Mortgagee becoming lessor thereunder. In addition, Mortgagee shall have the right at any time hereafter, upon notice to the applicable lessee thereunder, but without any further documentation or consent, to unilaterally subordinate the lien of this Mortgage to any Lease.

Appears in 1 contract

Samples: American Medical Systems Holdings Inc

Leases Affecting the Real Property. Mortgagor agrees faithfully to perform all of its obligations under all present and future Leases at any time assigned to Mortgagee as additional security, and and, except as Mortgagor may exercise its commercially reasonable rights as landlord under any such Lease in the event of a default by a tenant, to refrain from any action or inaction which would result in termination of any such Leases or in the diminution of the value thereof or of the Rents due thereunder. Mortgagor represents and warrants that as All future lessees under any Lease made after the date of the effective date recording of this Mortgage there are no Leases, except as set forth in the Credit Agreement, affecting the Real Property1. All future Leases made after the effective date of this Mortgage shall include provisions requiring the lessees thereundershall, at Mortgagee’s 's option and without any further documentation, to attorn to Mortgagee as lessor if for any reason Mortgagee becomes lessor thereunder, and to and, upon demand, pay rent to Mortgagee after the occurrence and during the continuance of an Event of Default, upon demandMortgagee, and Mortgagee shall not be responsible under such Lease for matters arising prior to Mortgagee becoming lessor thereunder. In addition, Mortgagee shall have the right at any time hereafter, upon notice to the applicable lessee thereunder, but without any further documentation or consent, to unilaterally subordinate the lien of this Mortgage to any LeaseLease made after the date of recording of this Mortgage.

Appears in 1 contract

Samples: Credit Agreement (Aavid Thermal Technologies Inc)

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Leases Affecting the Real Property. Mortgagor agrees faithfully to perform all of its obligations under all present and future Leases at any time assigned to Mortgagee as additional security, and to refrain from any action or inaction which would result in termination of any such Leases or in the diminution of the value thereof or of the Rents due thereunder. Mortgagor represents and warrants that as of the effective date of this Mortgage there are no Leases, except as set forth in the Credit Agreement, affecting the Real Property1. Property.1 All future Leases made after the effective date of this Mortgage shall include provisions requiring the lessees thereunder, at Mortgagee’s option and without any further documentation, to attorn to Mortgagee as lessor if for any reason Mortgagee becomes lessor thereunder, and to pay rent to Mortgagee after the occurrence and during the continuance of an Event of Default, upon demand, and Mortgagee shall not be responsible under such Lease for matters arising prior to Mortgagee becoming lessor thereunder. In addition, Mortgagee shall have the right at any time hereafter, upon notice to the applicable lessee thereunder, but without any further documentation or consent, to unilaterally subordinate the lien of this Mortgage to any Lease.

Appears in 1 contract

Samples: Lease Agreement (Chart Industries Inc)

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