Leasing Commissions. Borrower covenants and agrees that all contracts and agreements relating to the Property requiring the payment of leasing commissions, management fees or other similar compensation shall (i) provide that the obligation will not be enforceable against Lender and (ii) be subordinate to the lien of this Mortgage. Lender will be provided evidence of Borrower's compliance with this Section upon request.
Appears in 7 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement (Acadia Realty Trust)
Leasing Commissions. Borrower covenants and agrees that all contracts and agreements relating to the Property requiring the payment of leasing commissions, management fees or other similar compensation shall (i) provide that the obligation will not be enforceable against Lender and (ii) be subordinate to the lien of this Mortgage. Lender will be provided evidence of Borrower's ’s compliance with this Section upon request.
Appears in 4 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Defined Terms (Florida East Coast Industries Inc), Defined Terms (Florida East Coast Industries Inc)
Leasing Commissions. Borrower covenants and agrees that all contracts and agreements relating to the Property Property, if any, entered into by Borrower or Operating Lessee requiring the payment of leasing commissions, management fees or other similar compensation shall (i) provide that the obligation will not be enforceable against Lender and (ii) be subordinate to the lien of this Mortgage. Lender will be provided evidence of Borrower's ’s compliance with this Section upon request.
Appears in 2 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Strategic Hotels & Resorts, Inc
Leasing Commissions. From and after the date hereof, Borrower covenants and agrees that all contracts and agreements relating to the Property requiring the payment of leasing commissions, management fees or other similar compensation shall (i) provide that the obligation will not be enforceable against Lender and (ii) be subordinate to the lien of this Mortgage. Lender will be provided evidence of Borrower's ’s compliance with this Section upon request.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Wells Real Estate Investment Trust Inc)
Leasing Commissions. Borrower covenants and agrees that all contracts and agreements relating to the Property requiring the payment of leasing commissions, management fees or other similar compensation shall (ia) provide (whether in the agreement itself or a separate subordination agreement) that the obligation will not be enforceable against Lender, except for management fees due for any period that Lender is in possession of the Property, and (iib) be subordinate to the lien of this MortgageSecurity Instrument. Lender will be provided evidence of Borrower's ’s compliance with this Section upon request.
Appears in 1 contract