Common use of Notice to Lessees Clause in Contracts

Notice to Lessees. Assignor hereby authorizes and directs Lessees named in the Leases or any other or future Lessees or occupants of the Mortgaged Property (the "Lessee[s]") upon receipt from Assignee of written notice to the effect that Assignee is then the holder of the Note and that an Event of Default exists thereunder or under the other Loan Documents to pay over to Assignee all Rents and to continue so to do until otherwise notified by Assignee, without further notice or consent of Assignor and regardless of whether Assignee has taken possession of the Mortgaged Property, and Lessees may rely upon any written statement delivered by Assignee to Lessees without any obligation or right to inquire as to whether such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary. Assignor further agrees that it shall have no right to claim against any of Lessees for any such Rents so paid by Lessees to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any such payment to Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee is hereby empowered to give, acquitances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee for the benefit of Assignee only.

Notice to Lessees. Assignor hereby authorizes and directs Lessees the lessees named in the Leases or any other or future Lessees lessees or occupants of the Mortgaged Property (the "Lessee[s]") upon receipt from Assignee of written notice to the effect that Assignee is then the holder of the Note Reimbursement Obligations and that an Event of Default exists thereunder under the Reimbursement Agreement or under this Assignment, or the other Loan Documents L/C Documents, to pay over to Assignee all Rents and all sums under any Lease Guaranty and to continue so to do until otherwise notified by Assignee, without further notice . Assignor hereby agrees that each such lessee and any other or consent of Assignor future lessee and regardless of whether Assignee has taken possession of the Mortgaged Property, and Lessees occupant may rely upon any such written statement delivered by notice from Assignee to Lessees so pay the Rents and other sums without any obligation inquiry into whether there exists a default hereunder or right to inquire as to under the Reimbursement Agreement or the other L/C Documents or whether such default actually exists and notwithstanding any notice from or claim of Assignor Assignee is otherwise entitled to the contraryRents and other sums. Assignor further agrees that it shall hereby waives any right, claim or demand which Assignor may now or hereafter have no right to claim against any present or future lessee or occupant by reason of Lessees for such payment of Rents and other sums to Assignee, and any such Rents so paid by Lessees payment shall discharge such lessee's or occupant's obligation to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any make such payment to Assignor. Assignor hereby agrees that within thirty (30) days of execution of this Assignment and within ten (10) Business Days after entering into any future Lease, it shall provide all lessees named in the Leases or any other future lessees or occupants of the Property written notice of this Assignment in the form attached hereto as Exhibit "E" by mailing said written notice by certified mail, return receipt requested, to such Lessees or occupants and providing Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee is hereby empowered to give, acquitances to any Lessee for such payment to Assignee after an Event with evidence of Default. Any Rents held or received by Assignor after a receipt of said written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee for the benefit of Assignee onlynotice.

Notice to Lessees. Assignor hereby authorizes and directs Lessees named in Upon receipt from Lender of a Lease Rent Notice, each Lessee under the Leases is hereby authorized and directed to pay directly to Lender all Rents thereafter accruing and the receipt of Rents by Lender shall be a release of such Lessee to the extent of all amounts so paid. The receipt by a Lessee under the Leases of a Lease Rent Notice shall be sufficient authorization for such Lessee to make all future payments of Rents directly to Lender and each such Lessee shall be entitled to rely on the Lease Rent Notice and shall have no liability to Borrower for any Rents paid to Lender after receipt of the Lease Rent Notice. Rents so received by Lender for any period prior to foreclosure under this Assignment or any other or future Lessees or occupants acceptance of a deed in lieu of such foreclosure shall be applied by Lender to the payment of the following (in such order and priority as Lender shall determine): (a) all Operating Expenses; and all expenses incident to taking and retaining possession of the Mortgaged Property and/or collecting Rent as it becomes due and payable; and (b) the "Lessee[s]") upon receipt from Assignee Indebtedness. In no event will the provisions of written notice this Section 4.3 reduce the Indebtedness except to the effect extent, if any, that Assignee is then Rents are actually received by Lender and applied upon or after said receipt to such Indebtedness in accordance with the holder of the Note preceding sentence. Without impairing its rights hereunder, Lender may, at its option, at any time and that an Event of Default exists thereunder from time to time, release to Borrower, Rents so received by Lender or any part thereof. As between Borrower and Lender, and any person claiming through or under Borrower, other than any Lessee under the other Loan Documents Lease who has not received a Lease Rent Notice, this Assignment is intended to pay over to Assignee all Rents be absolute, unconditional and to continue so to do until otherwise notified by Assignee, without further notice or consent of Assignor presently effective (and regardless of whether Assignee has taken possession of the Mortgaged Propertynot an assignment for additional security), and Lessees may rely upon any written statement delivered by Assignee to Lessees without any obligation or right to inquire as to whether such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary. Assignor further agrees that it shall have no right to claim against any of Lessees for any such Rents so paid by Lessees to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any such payment to Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee Lease "Rent Notice hereof is hereby empowered to give, acquitances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee intended solely for the benefit of Assignee onlyeach such Lessee and shall never inure to the benefit of Borrower or any person claiming through or under Borrower, other than a Lessee who has not received such notice. It shall never be necessary for Lender to institute legal proceedings of any kind whatsoever to enforce the provisions of this Assignment with respect to Rents. BORROWER SHALL HAVE NO RIGHT OR CLAIM AGAINST ANY LESSEE FOR THE PAYMENT OF ANY RENTS TO LENDER HEREUNDER, AND BORROWER HEREBY INDEMNIFIES AND AGREES TO HOLD FREE AND HARMLESS EACH LESSEE FROM AND AGAINST ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE SUFFERED OR INCURRED BY SUCH LESSEE BY REASON OF SUCH LESSEE'S COMPLIANCE WITH ANY DEMAND FOR PAYMENT OF RENTS MADE BY LENDER CONTEMPLATED BY THIS ASSIGNMENT.

Notice to Lessees. Assignor hereby authorizes and directs Lessees named in Upon receipt from Lender of a Lease Rent Notice, each Lessee under the Leases is hereby authorized and directed to pay directly to Lender all Rents thereafter accruing and the receipt of Rents by Lender shall be a release of such Lessee to the extent of all amounts so paid. The receipt by a Lessee under the Leases of a Lease Rent Notice shall be sufficient authorization for such Lessee to make all future payments of Rents directly to Lender and each such Lessee shall be entitled to rely on the Lease Rent Notice and shall have no liability to Borrower for any Rents paid to Lender after receipt of the Lease Rent Notice. Rents so received by Lender under this Assignment for any period prior to foreclosure under the Mortgage or any other or future Lessees or occupants acceptance of a deed in lieu of such foreclosure shall be applied by Lender to the payment of the following (in such order and priority as Lender shall determine): (i) all Operating Expenses; (ii) all expenses incident to taking and retaining possession of the Mortgaged Property and/or collecting Rent as it becomes due and payable; and (iii) the "Lessee[s]") upon receipt from Assignee Indebtedness. In no event will the provisions of written notice this Section 4.3 reduce the Indebtedness except to the effect extent, if any, that Assignee is then Rents are actually received by Lender and applied upon or after said receipt to such Indebtedness in accordance with the holder of the Note preceding sentence. Without impairing its rights hereunder, Lender may, at its option, at any time and that an Event of Default exists thereunder from time to time, release to Borrower, Rents so received by Lender or any part thereof. As between Borrower and Lender, and any Person claiming through or under Borrower, other than any Lessee under the other Loan Documents Leases who has not received a Lease Rent Notice, this Assignment is intended to pay over to Assignee all Rents be absolute, unconditional and to continue so to do until otherwise notified by Assignee, without further notice or consent of Assignor presently and regardless of whether Assignee has taken possession of the Mortgaged Propertyimmediately effective (and not an assignment for additional security), and Lessees may rely upon any written statement delivered by Assignee to Lessees without any obligation or right to inquire as to whether such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary. Assignor further agrees that it shall have no right to claim against any of Lessees for any such Rents so paid by Lessees to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any such payment to Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee Lease Rent Notice hereof is hereby empowered to give, acquitances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee intended solely for the benefit of Assignee onlyeach such Lessee and shall never inure to the benefit of Borrower or any Person claiming through or under Borrower, other than a Lessee who has not received such notice. BORROWER SHALL HAVE NO RIGHT OR CLAIM AGAINST ANY LESSEE FOR THE PAYMENT OF ANY RENTS TO LENDER HEREUNDER.

Notice to Lessees. Assignor hereby authorizes and directs Lessees named in the Leases or any other or future Lessees or occupants of the Mortgaged Property (the "Lessee[s]Lessees") upon receipt from Assignee of written notice to the effect that Assignee is then the holder of the Note and that an Event of Default exists thereunder or under the other Loan Documents to pay over to Assignee all Rents and to continue so to do until otherwise notified by Assignee, without further notice or consent of Assignor and regardless of whether Assignee has taken possession of the Mortgaged Property, and Lessees may rely upon any written statement delivered by Assignee to Lessees without any obligation or right to inquire as to whether such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary. Assignor further agrees that it shall have no right to claim against any of Lessees for any such Rents so paid by Lessees to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any such payment to Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-attorney in fact for giving, and Assignee is hereby empowered to give, acquitances acquittances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee for the benefit of Assignee only.

Notice to Lessees. Assignor hereby authorizes and directs Lessees the lessees named in the Leases or any other or future Lessees lessees or occupants of the Mortgaged Property (the "Lessee[s]") upon receipt from Assignee of written notice to the effect that Assignee is then the holder of the Note Security Instrument and that an Event of Default exists thereunder or under this Assignment, the other Loan Note or the Other Security Documents to pay over to Assignee all Rents and all sums under any Lease Guaranty and to continue so to do until otherwise notified by Assignee, without further notice . Assignor hereby agrees that each such lessee and any other or consent of Assignor future lessee and regardless of whether Assignee has taken possession of the Mortgaged Property, and Lessees occupant may rely upon any such written statement delivered by notice from Assignee to Lessees so pay the Rents and other sums without any obligation inquiry into whether there exists a default hereunder or right to inquire as to under the Security Instrument, the Note or the Other Security Documents or whether such default actually exists and notwithstanding any notice from or claim of Assignor Assignee is otherwise entitled to the contraryRents and other sums. Assignor further agrees that it shall hereby waives any right, claim or demand which Assignor may now or hereafter have no right to claim against any present or future lessee or occupant by reason of Lessees for such payment of Rents and other sums to Assignee, and any such Rents so paid by Lessees payment shall discharge such lessee's or occupant's obligation to Assignee and that Assignee shall be entitled to collect, receive and retain all Rents regardless of when and to whom such Rents are and have been paid and regardless of the form or location of such Rents. Any make such payment to Assignee shall constitute payment to Assignor under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee is hereby empowered to give, acquitances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of Rents shall be held or received by Assignor as trustee for the benefit of Assignee only.

Notice to Lessees. Assignor hereby authorizes and directs Lessees named in During the continuation of a Default, Administrative Agent may deliver Lease Rent Notices to any or all lessees of all or any portion of the Property. Upon receipt from Administrative Agent of a Lease Rent Notice, each lessee under the Leases or any other or future Lessees or occupants is hereby authorized and directed to pay directly to Administrative Agent all Rents thereafter accruing and the receipt of the Mortgaged Property (the "Lessee[s]") upon receipt from Assignee Rents by Administrative Agent shall be a release of written notice such lessee to the effect that Assignee is then the holder extent of the Note and that an Event of Default exists thereunder or all amounts so paid. The receipt by a lessee under the other Loan Documents Leases of a Lease Rent Notice shall be sufficient authorization for such lessee to pay over make all future payments of Rents directly to Assignee all Rents Administrative Agent and to continue so to do until otherwise notified by Assignee, without further notice or consent of Assignor and regardless of whether Assignee has taken possession of the Mortgaged Property, and Lessees may rely upon any written statement delivered by Assignee to Lessees without any obligation or right to inquire as to whether each such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary. Assignor further agrees that it shall have no right to claim against any of Lessees for any such Rents so paid by Lessees to Assignee and that Assignee lessee shall be entitled to collect, receive rely on such Lease Rent Notice and retain all shall have no liability to Borrower for any Rents regardless of when and paid to whom such Rents are and have been paid and regardless of the form or location Administrative Agent after receipt of such RentsLease Rent Notice. Any such payment Rents so received by Administrative Agent for any period prior to Assignee shall constitute payment to Assignor foreclosure under the Leases, and Assignor appoints Assignee as Assignor's lawful attorney-in-fact for giving, and Assignee is hereby empowered Deed of Trust or acceptance of a deed in lieu of such foreclosure shall be applied by Administrative Agent to give, acquitances to any Lessee for such payment to Assignee after an Event of Default. Any Rents held or received by Assignor after a written request from Assignee to Lessees for the payment of the following (in such order and priority as Administrative Agent shall determine): (a) all Operating Expenses; and all expenses incident to taking and retaining possession of the Property and/or collecting Rent as it becomes due and payable; and (b) the Secured Indebtedness and/or to the operation and management of the Property, including the payment of management, brokerage and attorney’s fees and expenses. In no event will the provisions of this Section 4.3 reduce the Secured Indebtedness except to the extent, if any, that Rents shall be held or are actually received by Assignor as trustee Administrative Agent and applied upon or after said receipt to such Secured Indebtedness in accordance with the preceding sentence. Without impairing its rights hereunder, Administrative Agent may, at its option, at any time and from time to time, release to Borrower, Rents so received by Administrative Agent or any part thereof. As between Xxxxxxxx and Administrative Agent, and any person claiming through or under Borrower, other than any lessee under the Leases who has not received a Lease Rent Notice, this Assignment is intended to be absolute, unconditional and presently effective (and not an assignment for additional security), and the Lease Rent Notice hereof is intended solely for the benefit of Assignee onlyeach such lessee and shall never inure to the benefit of Borrower or any person claiming through or under Borrower, other than a lessee who has not received such notice. It shall never be necessary for Administrative Agent to institute legal proceedings of any kind whatsoever to enforce the provisions of the Deed of Trust with respect to Rents or Receivables. XXXXXXXX SHALL HAVE NO RIGHT OR CLAIM AGAINST ANY LESSEE FOR THE PAYMENT OF ANY RENTS TO ADMINISTRATIVE AGENT HEREUNDER, AND BORROWER HEREBY INDEMNIFIES AND AGREES TO HOLD FREE AND HARMLESS EACH LESSEE FROM AND AGAINST ALL LIABILITY, LOSS, COST, DAMAGE OR EXPENSE SUFFERED OR INCURRED BY SUCH LESSEE BY REASON OF SUCH XXXXXX’S COMPLIANCE WITH ANY DEMAND FOR PAYMENT OF RENTS MADE BY ADMINISTRATIVE AGENT CONTEMPLATED BY THIS DEED OF TRUST.