Common use of New Lease Clause in Contracts

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 7 contracts

Samples: Loan Agreement (American Realty Capital Trust III, Inc.), Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (Carter Validus Mission Critical REIT, Inc.)

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New Lease. The Each Ground Lease requires the ground lessor Ground Lessor thereunder to enter into a new lease with Lender upon termination of the such Ground Lease for any reason, including rejection of the such Ground Lease in a bankruptcy proceeding.

Appears in 4 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination (prior to expiration of the term thereof) of the Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 4 contracts

Samples: Mezzanine a Loan Agreement (Wyndham International Inc), Mezzanine B Loan Agreement (Wyndham International Inc), Loan Agreement (Wyndham International Inc)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 3 contracts

Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.), Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

New Lease. The Assuming compliance by Lender with Section 15.2 of the Ground Lease, the Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection by reason of a default by ground lessee thereunder in the event of compliance with the provisions of Section 15.12 of the Ground Lease in a bankruptcy proceedingLease.

Appears in 2 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

New Lease. The Such Ground Lease requires the ground lessor Ground Lessor thereunder to enter into a new lease with Lender upon termination of the such Ground Lease for any reason, including rejection or disaffirmation of the such Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)

New Lease. The Each Ground Lease requires the ground lessor Ground Lessor thereunder to enter into a new lease with Mortgage Lender upon termination of the such Ground Lease for any reason, including rejection of the such Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Wyndham International Inc)

New Lease. The Each Ground Lease requires the applicable ground lessor to enter into a new lease with Lender upon termination of the such Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Loan Agreement (Hcp, Inc.), Loan Agreement (Hcp, Inc.)

New Lease. The Each Ground Lease requires the ground lessor Ground Lessor thereunder to enter into a new lease with Mortgage Lender and/or Lender upon termination of the such Ground Lease for any reason, including rejection of the such Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 2 contracts

Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.), Property Management Agreement (Sunstone Hotel Investors, Inc.)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender on substantially similar terms upon termination of the Ground Lease for any reason, including rejection of reason or if the Ground Lease in a bankruptcy proceedingis rejected or disaffirmed pursuant to any bankruptcy, insolvency or other law affecting creditors’ rights. Such new lease shall be prior to any existing mortgage upon the ground lessor’s related fee interest.

Appears in 2 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, reason (including rejection of the Ground Lease in a bankruptcy proceeding) other than (i) expiration of the term or (ii) as a result of eminent domain or casualty or destruction or the exercise of Borrower’s rights under Article 21 of the Ground Lease.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

New Lease. The Each Ground Lease requires the ground lessor to enter into a new lease with Lender Lenders upon termination of the such Ground Lease for any reason, including rejection by reason of the Ground Lease in a bankruptcy proceedingdefault by the Tenant thereunder.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

New Lease. The Except as expressly provided for in the Ground Lease, the Ground Lease expressly requires the ground lessor Ground Lessor to enter into a new lease with Lender (on substantially the same terms as the existing Ground Lease and with the same lien priority as the existing Ground Lease) upon termination of the Ground Lease for any reason, including including, without limitation, any termination or rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender Administrative Agent upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Morgans Hotel Group Co.)

New Lease. The Each Ground Lease Lease, as amended by the applicable Ground Lessor Agreement, requires the ground lessor thereunder to enter into a new lease with Lender upon termination of the such Ground Lease for any reason, including rejection of the such Ground Lease in a bankruptcy proceeding, provided that Lender cures any defaults which are susceptible of being cured.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Ventas Inc)

New Lease. The Pursuant to the provisions of Section 10.8 of the Ground Lease and in accordance with the Ground Lessor Estoppel, the Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Rents and Security Agreement (Acadia Realty Trust)

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New Lease. The Ground Lease requires the ground lessor Landlord to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

New Lease. The Ground Lease requires the ground lessor Landlord to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.. (ix)

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Inc)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender Agent on substantially similar terms upon termination of the Ground Lease for any reasonreason provided therein, including rejection of the Ground Lease in a bankruptcy proceeding. Such new lease shall be prior to any existing mortgage upon the ground lessor’s related fee interest.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

New Lease. The Except with respect to the Marina Ground Lease, the Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection or disaffirmation of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding, subject to compliance with Section 10.4(d)(viii) of the Ground Lease.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of if the Ground Lease in a bankruptcy proceedingwas terminated and Lender was not given an opportunity to cure the default prior to termination.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

New Lease. The Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

New Lease. The Ground Lease expressly requires the ground lessor to enter into a new lease (on substantially the same terms as the existing Ground Lease) with Lender upon termination of the Ground Lease for any reason, including termination or rejection of the Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Management Agreement (Ashford Hospitality Prime, Inc.)

New Lease. The ground lessor under the Ground Lease requires the ground lessor has agreed in writing to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding, provided that Lender cures any defaults which are susceptible to being cured.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

New Lease. The Each Ground Lease requires the ground lessor to enter into a new lease with Lender upon termination of the such Ground Lease for any reason, including rejection of the such Ground Lease in a bankruptcy proceeding.

Appears in 1 contract

Samples: Loan Agreement (American Financial Realty Trust)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon termination of the Ground Lease for any reason, including rejection of the Ground Lease in a bankruptcy proceeding, provided the Ground Lessor receives written notice from Lender of Lender’s option to do so within thirty (30) days from the date of termination of the Ground Lease.

Appears in 1 contract

Samples: Loan Agreement (Meredith Enterprises Inc)

New Lease. The Ground Lease requires the ground lessor Ground Lessor to enter into a new lease with Lender upon the termination of the Ground Lease for any reasonreason (other than a termination consented to by Agent or resulting from a total taking in the event of a Condemnation), including rejection of the Ground Lease in a bankruptcy proceeding, provided that Agent cures any defaults that are susceptible to being cured by Agent.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

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