Common use of NO PREPAYMENT OR MODIFICATION, ETC Clause in Contracts

NO PREPAYMENT OR MODIFICATION, ETC. No Fixed Rent, additional rent, or any other charge shall be paid more than ten (10) business days prior to the due dates thereof, and payments made in violation of this provision shall (except to the extent that such payments are actually received by a mortgagee in possession or in the process of foreclosing its mortgage) be a nullity as against such mortgagee, and Tenant shall be liable for the amount of such payments to such mortgagee. No assignment of this Lease (except as set forth in Section 6.1.6 regarding Permitted Transferees) and no agreement to make or accept any surrender, termination or cancellation of this Lease and no agreement to modify so as to reduce the Rent, change the Term, or otherwise materially change the rights and obligations of either party under this Lease, shall be valid as against a mortgagee unless consented to in writing by such Landlord’s mortgagee and only as to mortgagees of record, if any, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Sublease (Demandware Inc), Lease (Demandware Inc)

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NO PREPAYMENT OR MODIFICATION, ETC. No Fixed Rent, additional rent, or any other charge shall be paid more than ten thirty (1030) business days prior to the due dates thereof, and payments made in violation of this provision shall (except to the extent that such payments are actually received by a mortgagee Mortgagee in possession or in the process of foreclosing its mortgage) be a nullity as against such mortgageeMortgagee, and and, Tenant shall be liable to such Mortgagee for the amount of such advance payments to such mortgageemade from and after a default under the applicable Mortgage. No assignment of this Lease (except as set forth in Section 6.1.6 regarding Permitted Transferees) and no agreement to make or accept any surrender, termination or cancellation of this Lease and no agreement to modify so as to reduce the Rentrent, change the Term, or otherwise materially change the rights and of Landlord under this Lease, or to relieve Tenant of any obligations of either party or liability under this Lease, shall be valid as against binding on a mortgagee Mortgagee unless consented to in writing by such Landlord’s mortgagee and only as to mortgagees 's Mortgagee of record, if any, which such consent shall not to be unreasonably withheld, conditioned withheld or delayed.

Appears in 1 contract

Samples: Attornment Agreement (Netscout Systems Inc)

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NO PREPAYMENT OR MODIFICATION, ETC. No Fixed Rent, additional rent, or any other charge shall be paid more than ten (10) business days prior to the due dates thereof, and payments made in violation of this provision shall (except to the extent that such payments are actually received by a mortgagee in possession or in the process of foreclosing its mortgage) be a nullity as against such mortgagee, and Tenant shall be liable for the amount of such payments to such mortgagee. No assignment of this Lease (except as set forth in Section 6.1.6 regarding Permitted Transferees) and no agreement to make or accept any surrender, termination or cancellation of this Lease and no agreement to modify so as to reduce the Rentrent, change the Term, or otherwise materially change the rights and of Landlord under this Lease, or to relieve Tenant of any obligations of either party or liability under this Lease, shall be valid as against a mortgagee unless consented to in writing by such Landlord’s mortgagee and only as to mortgagees of record, if any, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

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