Common use of Mortgage Protection Clause in Contracts

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 7 contracts

Samples: Qad Inc, Qad Inc, Qad Inc

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Mortgage Protection. Lessee Tenant agrees to give the holder of any mortgages and/or trust deed holders, as to all or a potion of the PremisesMortgage, by registered or certified mail, a copy of any notice of default served upon Lessorthe Landlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing received notice (by way of notice or service on Tenant of a copy of an assignment of rents and leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersmortgagee and containing a request therefor. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure such default within the time provided for in this Lease, then said mortgagee shall have an additional thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days thereof within which to cure such defaultdefault or, or if such default cannot be cured within that time, then such additional time as may be necessary if necessary, if, within such thirty (30) days days, any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings proceedings, if necessary to effect such cure). Such period of time shall be extended by any period within which such mortgagee is prevented from commencing or pursuing such foreclosure proceedings by reason of Landlord's bankruptcy. Until the time allowed as aforesaid for said mortgagee to cure such defaults has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of default. This Lease may not be modified or amended so as to reduce the Rent or shorten the Term, or so as to adversely affect in any other respect to any material extent the rights of the Landlord, nor shall this Lease be cancelled or surrendered, without the prior written consent, in which event such righteach instance, if any, as Lessee might otherwise have to terminate of the Lease shall not be exercised while such remedies are being so diligently pursuedmortgagee.

Appears in 2 contracts

Samples: Lease (Specialty Equipment Companies Inc), Stericycle Inc

Mortgage Protection. Lessee Tenant agrees to give any mortgages and/or holder of any first mortgage or first trust deed holders, in the nature of a mortgage (both hereinafter referred to as to all or a potion of “First Mortgage”) against the Premises, or any interest therein, by registered certified mail, a copy of any notice or claim of default served upon LessorLandlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing (by way of notice or service on Tenant by certified mail of a copy of an assignment of rents and Landlord’s interest in leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersFirst Mortgage holder. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure any such default within thirty twenty (3020) days after receipt of such notice of to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be reasonably necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the default in holder of the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder First Mortgage shall have an additional thirty (30) days within which to cure or correct such default, Default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if within such holder of the First Mortgage has commenced with such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies or steps necessary to cure or correct such default (default, including but not limited to commencement of foreclosure proceedings if the time necessary to effect obtain possession if possession is necessary to cure or correct such cure)default. Except as specifically stated herein, in which event such right, if any, as Lessee might otherwise have to terminate the Lease this Section 32 shall not be exercised while such limit, waive or restrict any other rights or remedies are being so diligently pursuedavailable to Tenant under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Sunnova Energy International Inc.), Lease Agreement (Sunnova Energy International Inc.)

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages morgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days of any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of or foreclosure proceedings if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Inamed Corp

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion portion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such curecore), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Inamed Corp

Mortgage Protection. Lessee Tenant agrees to give the ------------------- mortgagee under any mortgages and/or trust deed holders, as to all or a potion of the PremisesMortgage, by registered or certified mail, a copy of any notice of default served upon Lessorthe Landlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing received notice (by way of notice or service on Tenant of a copy of an assignment of rents and leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersmortgagee and containing a request therefor. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure such default within the time provided for in this Lease, then said mortgagee shall have an additional thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days thereof within which to cure such defaultdefault or, or if such default cannot be cured within that time, then such additional time as may be necessary if necessary, if, within such thirty (30) days days, any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings proceedings, if necessary to effect such cure). Until the time allowed as aforesaid for said mortgagee to cure such defaults has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of default. This Lease may not be modified or amended so as to reduce the rent or shorten the term, or so as to adversely affect in any other respect to any material extent the rights of the Landlord, nor shall this Lease be cancelled or surrendered, without the prior written consent, in which event such righteach instance, if any, as Lessee might otherwise have to terminate of the Lease shall not be exercised while such remedies are being so diligently pursuedmortgagee.

Appears in 1 contract

Samples: Lease (Styrochem International Inc)

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion portion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice notice, Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including including, but not limited to to, commencement of foreclosure proceedings if necessary to effect such cure), in which event event, such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Qad Inc

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion portion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Inamed Corp

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Mortgage Protection. Lessee agrees to give any mortgages mortgagees and/or trust deed holders, as to all or a potion of the Premises, by registered mailRegistered Mail, a copy of any notice Notice of default Default served upon the Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment Notice of rents Assignment of Rents and leases, Leases or otherwise) of the addresses address of such mortgages and/or trust deed holders. Lessee further agrees not to exercise any remedies available by virtue of a default unless that if Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional the time as may be reasonably necessary to cure the default provided in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that this Lease, then the mortgages and/or trust deed holder holders shall have an additional thirty THIRTY (30) days within which to cure such default, or if . If such default cannot be cured within that time, then such additional time as may be necessary to cure such default shall be granted if within such thirty THIRTY (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings proceedings, if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the this Lease shall not be exercised terminated while such remedies are being so diligently pursued.. WITNESS the following signatures and seals: LESSOR: /s/ GEORGIA XXXX XXXXXX-XXXXXXXXX (SEAL) Georgia Xxxx Xxxxxx-Xxxxxxxxx LESSEE: Xxxx Innovations, Inc. By: /s/ XXXX XXXXXX (SEAL) ATTEST: I hereby guarantee the compliance by the Lessee with all the terms of this Lease. (SEAL) Xxxx Xxxxxx (SEAL)

Appears in 1 contract

Samples: Warehouse and Office Lease (Luna Innovations Inc)

Mortgage Protection. Lessee Tenant agrees to give any mortgages and/or holder of any first mortgage or first trust deed holders, in the nature of a mortgage (both hereinafter referred to as to all or a potion of "First Mortgage") against the Premises, or any interest therein, by registered or certified mail, a copy of any notice or claim of default served upon LessorLandlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing (by way of notice or service on Tenant of a copy of an assignment of rents and Landlord's interest in leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersFirst Mortgage holder. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure any such default within thirty twenty (3020) or such shorter time in the event of emergency repairs that materially and adversely effect the Premises days after receipt of such notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty Landlord (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the holder of the First Mortgage shall have an additional thirty (30) days within or such shorter time in the event of emergency repairs that materially and adversely effect the Premises which to cure or correct such Default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if such holder of the First Mortgage has commenced with such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies or steps necessary to cure or correct such default (default, including but not limited to commencement of foreclosure proceedings if the time necessary to effect obtain possession if possession is necessary to cure or correct such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursueddefault.

Appears in 1 contract

Samples: Lease Agreement (LSC Inc)

Mortgage Protection. Lessee Tenant agrees to give the holder of any mortgages and/or trust deed holders, as to all or a potion of the PremisesMortgage, by registered or certified mail, a copy of any notice of default served upon Lessorthe Landlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing received notice (by way of notice or service on Tenant of a copy of an assignment of rents and leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersmortgagee and containing a request therefor. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure such default within the time provided for in this Lease, then said mortgagee shall have an additional thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days thereof within which to cure such defaultdefault or, or if such default cannot be cured within that time, then such additional time as may be necessary if necessary, if, within such thirty (30) days days, any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings proceedings, if necessary to effect such cure). Such period of time shall be 28 extended by any period within which such mortgagee is prevented from commencing or pursuing such foreclosure proceedings by reason of Landlord's bankruptcy. Until the time allowed as aforesaid for said mortgagee to cure such defaults has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of default. This Lease may not be modified or amended so as to reduce the Rent or shorten the Term, or so as to adversely affect in any other respect to any material extent the rights of the Landlord, nor shall this Lease be cancelled or surrendered, without the prior written consent, in which event such righteach instance, if any, as Lessee might otherwise have to terminate of the Lease shall not be exercised while such remedies are being so diligently pursuedmortgagee.

Appears in 1 contract

Samples: Neoforma Com Inc

Mortgage Protection. Lessee Tenant agrees to give the holder of any mortgages and/or trust deed holders, as to all or a potion of the PremisesMortgage, by registered or certified mail, a copy of any notice of default served upon Lessorthe Landlord by Tenant, provided that prior to such notice Lessee Tenant has been notified in writing received notice (by way of notice or service on Tenant of a copy of an assignment of rents and leases, or otherwise) of the addresses address of such mortgages and/or trust deed holdersmortgagee and containing a request therefor. Lessee Tenant further agrees not to exercise any remedies available by virtue of a default unless Lessor that if Landlord shall have failed to cure such default within the time provided for in this Lease, then said mortgagee shall have an additional thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days thereof within which to cure such defaultdefault or, or if such default cannot be cured within that time, then such additional time as may be necessary if necessary, if, within such thirty (30) days days, any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings proceedings, if necessary to effect such cure). Such period of time shall be extended by any period within which such mortgagee is prevented from commencing or pursuing such foreclosure proceedings by reason of Landlord’s bankruptcy. Until the time allowed as aforesaid for said mortgagee to cure such defaults has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of default. This Lease may not be modified or amended so as to reduce the Rent or shorten the Term, or so as to adversely affect in any other respect to any material extent the rights of the Landlord, nor shall this Lease be cancelled (except as a result of the exercise of remedies after an event of default as provided in this Lease) or surrendered, without the prior written consent, in which event such righteach instance, if any, as Lessee might otherwise have to terminate of the Lease shall not be exercised while such remedies are being so diligently pursuedmortgagee.

Appears in 1 contract

Samples: Industrial Building Lease (Factory Card & Party Outlet Corp)

Mortgage Protection. Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion portion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages morgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Guaranty (Inamed Corp)

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