Common use of Permitted Sublease Clause in Contracts

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Property is located.

Appears in 14 contracts

Samples: Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

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Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section 16.2 and Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlordwithout consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereofthereof (including but without limitation with respect to any trade names, trademarks, service marks, domain names, logos and other brand-source indicia, including all goodwill related thereto, constituting part of the Transferred Trademarks), provided Tenant gives Landlord Notice of such subleases or licenses or sublicenses do not grant any rights beyond the material terms and conditions thereofTerm. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases subleases, licenses or sublicenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust any beneficial owner of Landlord is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 4 contracts

Samples: Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Lease Property is located.

Appears in 4 contracts

Samples: Amended and Restated Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Senior Housing Properties Trust)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section 16.2 and Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlordwithout consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereofthereof (including but without limitation with respect to any trade names, trademarks, service marks, domain names, logos and other brand-source indicia, including all goodwill related thereto, constituting part of the Transferred Trademarks), provided Tenant gives Landlord Notice of such subleases or licenses or sublicenses do not grant any rights beyond the material terms and conditions thereofTerm. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases subleases, licenses or sublicenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Hospitality Properties Trust is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 3 contracts

Samples: Lease Agreement (Travelcenters of America LLC), Lease Agreement (Travelcenters of America LLC), Lease Agreement (Hospitality Properties Trust)

Permitted Sublease. Notwithstanding the foregoingTenant shall be entitled to sublease any Leased Property in its entirety to an Affiliate of Tenant upon Tenant’s written acknowledgment, including, without limitation, Section 16.2, but subject provided that (i) Tenant submits an original copy of any such sublease to Landlord for its reasonable approval and written acknowledgment prior to the provisions date of Section 16.4 and any other express conditions or limitations set forth hereincommencement of same, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to which such sublease shall memorialize that the units located at subtenant shall be fully liable for the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance performance of all of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges Lease with respect to such Leased Property; (ii) subject to the affected rights and priorities set forth in the Intercreditor Agreement, each subtenant shall jointly and severally guaranty the obligations of Tenant under the Lease; (iii) Landlord shall be provided security for the performance by each subtenant of its obligations reasonably satisfactory to Landlord, which security shall include, without limitation, subject to the rights and priorities set forth in the Intercreditor Agreement, a pledge of the stock of or other membership interest of Tenant in each subtenant, an assignment of the sublease, and a security interest in subtenant’s Personal Property and, and Accounts as required of Tenant pursuant to Section 6.4 hereof; (iv) the sole asset of any such subtenant shall be its interest in any event, the contemplated sublease and Tenant’s Personal Property relating to such Facility(ies); and (v) the subtenant shall be a wholly-owned subsidiary of Tenant. Tenant shall give notify Landlord written notice at least thirty (30) days in advance of the amount date on which Tenant desires to make such sublease. Tenant shall reimburse Landlord for the actual and reasonable legal fees actually incurred by Landlord in connection with Tenant’s request. Tenant shall provide Landlord with a copy of the proposed sublease and such allocations at least ten (10) Business Days prior information as Landlord reasonably requests concerning the proposed subtenant to allow Landlord to make an informed judgment as to whether the sublease satisfies the provisions of this Section 22.4 and to obtain the security provided for herein. As of the date that Landlord or Senior Housing Properties Trust is required of this Lease, all of the currently existing subleases and Subtenants of Tenant permitted pursuant to file any tax returns in any State where such affected Property is locatedthis Section 22.4 are set forth on Schedule 22.4.

Appears in 2 contracts

Samples: Master Lease (Diversicare Healthcare Services, Inc.), Master Lease (Diversicare Healthcare Services, Inc.)

Permitted Sublease. Notwithstanding Lessee shall be entitled to sublease any Leased Property in its entirety to an Affiliate of Lessee upon Xxxxxx's written acknowledgment, provided that (i) Lessee submits an original copy of any such sublease to Lessor for its reasonable approval and written acknowledgment prior to the foregoingdate of commencement of same, includingwhich such sublease shall memorialize that the sublessee shall be fully liable for the performance of all of the obligations of Lessee under this Lease with respect to such Leased Property; (ii) subject to the rights and priorities set forth in the Intercreditor Agreement, each sublessee shall jointly and severally guaranty the obligations of Lessee under the Lease; (iii) Lessor shall be provided security for the performance by each sublessee of its obligations reasonably satisfactory to Lessor, which security shall include, without limitation, Section 16.2, but subject to the rights and priorities set forth in the Intercreditor Agreement, a pledge of the stock of or other membership interest of Lessee in each sublessee, an assignment of the sublease, and a security interest in sublessee `s Personal Property and Accounts as required of Lessee pursuant to Section 6.4 hereof; (iv) the sole asset of any such sublessee shall be its interest in the contemplated sublease and Lessee's Personal Property relating to such Facility(ies); and (v) the sublessee shall be a wholly-owned subsidiary of Lessee. Lessee shall notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such sublease. Lessee shall reimburse Lessor for the actual and reasonable legal fees actually incurred by Xxxxxx in connection with Xxxxxx's request. Lessee shall provide Lessor with a copy of the proposed sublease and such information as Lessor reasonably requests concerning the proposed sublessee to allow Lessor to make an informed judgment as to whether the sublease satisfies the provisions of this Section 16.4 22.5 and any other express conditions or limitations set forth to obtain the security provided for herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Property is located.

Appears in 2 contracts

Samples: Master Lease (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the FacilitiesSenior Housing Properties, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Property is located.

Appears in 2 contracts

Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section 16.2 and Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to LandlordLandlord and without consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases or licenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Hospitality Properties Trust is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 2 contracts

Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Travelcenters of America LLC)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the FacilitiesFacilities at the Senior Housing Properties, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof, and provided further that any and all such subleases are transferred and assigned to Landlord as additional security for Tenant’s obligations hereunder. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Property is located.

Appears in 2 contracts

Samples: Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section SECTION 16.2 and SECTION 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to LandlordLandlord and without consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereofthereof (including but without limitation with respect to any trade names, provided trademarks, service marks, domain names, logos and other brand-source indicia, including all goodwill related thereto, constituting part of the Transferred Trademarks), PROVIDED Tenant gives Landlord Notice of the material terms and conditions thereofthereof and such subleases or licenses or sublicenses do not grant any rights beyond the Term. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases subleases, licenses or sublicenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; providedPROVIDED, howeverHOWEVER, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, providedPROVIDED, furtherFURTHER, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Hospitality Properties Trust is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 2 contracts

Samples: Lease Agreement (Travelcenters of America LLC), Lease Agreement (Hospitality Properties Trust)

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Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section 16.2 and Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to LandlordLandlord and without consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases or licenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s 's (nor any Guarantor’s's) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust any beneficial owner of Landlord is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 1 contract

Samples: Lease Agreement (Service Properties Trust)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject Subject to the provisions of Section SECTION 16.2 and SECTION 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to LandlordLandlord and without consent, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereofthereof (including but without limitation with respect to any trade names, provided trademarks, service marks, domain names, logos and other brand-source indicia, including all goodwill related thereto, constituting part of the Transferred Trademarks), PROVIDED Tenant gives Landlord Notice of the material terms and conditions thereofthereof and such subleases or licenses or sublicenses do not grant any rights beyond the Term. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases subleases, licenses or sublicenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; providedPROVIDED, howeverHOWEVER, that such allocation shall not affect Tenant’s 's (nor any 60 Guarantor’s's) liability for the Rent and other obligations of Tenant under this Agreement; and, providedPROVIDED, furtherFURTHER, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Hospitality Properties Trust is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 1 contract

Samples: Lease Agreement (Travelcenters of America LLC)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section SECTION 16.2, but subject to the provisions of Section SECTION 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (c) enter into one or more subleases with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereof, provided PROVIDED Tenant gives Landlord Notice of the material terms and conditions thereof. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (c), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; providedPROVIDED, howeverHOWEVER, that such allocation shall not affect Tenant’s 's (nor any Guarantor’s's) liability for the Rent and other obligations of Tenant under this Agreement; and, providedPROVIDED, furtherFURTHER, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Lease Property is located.

Appears in 1 contract

Samples: Lease Agreement (Five Star Quality Care Inc)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section 16.2, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) sublease space at any Property for laundry, commissary or child care purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Mortgagee may reasonably require, and (cb) enter into one or more subleases with Affiliated Persons wholly owned subsidiaries of Tenant with respect to the Leased Property, or any portion thereof, provided Tenant gives Landlord Notice of the material terms and conditions thereof, and provided further that any and all such sublease are transferred and assigned to Landlord as additional Security for Tenant’s obligations hereunder. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases with Affiliated Persons wholly owned subsidiaries of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; provided, however, that such allocation shall not affect Tenant’s (nor any Guarantor’s) liability for the Rent and other obligations of Tenant under this Agreement; and, provided, further, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Properties Trust is required to file any tax returns in any State where such affected Lease Property is located.

Appears in 1 contract

Samples: Master Lease Agreement (Five Star Quality Care Inc)

Permitted Sublease. Notwithstanding the foregoing, including, without limitation, Section SECTION 16.2, but subject to the provisions of Section SECTION 16.4 and any other express conditions or limitations set forth herein, Tenant may, in each instance after Notice to Landlord, (a) enter into third party residency agreements with respect to the units located at the Facilities, (b) or sublease space at any Property for laundryfuel station, commissary restaurant/food service or child care mechanical repair purposes or other concessions in furtherance of the Permitted Use, so long as such subleases will not reduce the number of units at any Facility, will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Facility Property Mortgagee may reasonably require, and (cb) enter into one or more subleases or licenses with Affiliated Persons of Tenant with respect to the Leased Property, or any portion thereofthereof (including but without limitation with respect to any trade names, provided trademarks, service marks, domain names, logos and other brand-source indicia, including all goodwill related thereto, constituting part of the Transferred Trademarks), PROVIDED Tenant gives Landlord Notice of the material terms and conditions thereofthereof and such subleases or licenses or sublicenses do not grant any rights beyond the Term. Landlord and Tenant acknowledge and agree that if Tenant enters into one (1) or more subleases subleases, licenses or sublicenses with Affiliated Persons of Tenant with respect to any Property, or any portion thereof, in accordance with the preceding clause (cb), Tenant may allocate the rent and other charges with respect to the affected Property in any reasonable manner; providedPROVIDED, howeverHOWEVER, that such allocation shall not affect Tenant’s 's (nor any Guarantor’s's) liability for the Rent and other obligations of Tenant under this Agreement; and, providedPROVIDED, furtherFURTHER, that Tenant shall give Landlord prompt written notice of any allocation or reallocation of the rent and other charges with respect to the affected Property and, in any event, Tenant shall give Landlord written notice of the amount of such allocations at least ten (10) Business Days prior to the date that Landlord or Senior Housing Hospitality Properties Trust is required to file any tax returns in any State where such affected Leased Property is located.

Appears in 1 contract

Samples: Lease Agreement (Travelcenters of America LLC)

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