Permitted Subleases. After the earlier to occur of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraft, provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the prior consent of Lessor, such consent not to be unreasonably withheld or delayed, enter into a Permitted Sublease with respect to the Aircraft to any Permitted Sublessee if: (a) Lessee provides written notice to Lessor promptly after entering into any such Permitted Sublease; and (b) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject and subordinate to all of the terms of this Lease, including the rights of Lessor to avoid such Permitted Sublease in the exercise of its rights to repossession of the Airframe and Engines hereunder and thereunder; (ii) expressly prohibit any further subleasing of the Airframe and Engines; (iii) require that the Airframe and Engines be maintained in accordance with a Maintenance Program; (iv) limit the term of such Permitted Sublease (including renewal rights) to a period not beyond the end of the Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of the Aircraft that are the same in all material respects as the applicable provisions of this Lease; and (vii) require insurance coverage to be maintained to at least the same extent as set forth in this Lease.
Appears in 2 contracts
Sources: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)
Permitted Subleases. After Notwithstanding the earlier to occur of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraftforegoing, provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the prior consent of Lessor, such consent not to be unreasonably withheld or delayed, Tenant may enter into a Permitted Sublease (i) third party residency agreements with respect to the Aircraft to any Permitted Sublessee if:
(a) Lessee provides written notice to Lessor promptly after entering into any such Permitted Sublease; and
(b) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject and subordinate to all individual residency units located at each of the terms of this LeaseFacilities, including the rights of Lessor to avoid such Permitted Sublease in the exercise of its rights to repossession of the Airframe and Engines hereunder and thereunder; (ii) expressly prohibit any further subleasing subleases for space at each of the Airframe Leased Properties for use as a bank, beauty salon, ▇▇▇▇▇▇ shop, laundry, commissary or healthcare purposes or other concessions and Enginesservices in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) require any sublease shall be for a term that will expire prior to the Airframe Expiration Date, and Engines be maintained in accordance with a Maintenance Program; (iv) limit subject to Landlord's prior written approval as to the term form of sublease agreement, the identity of the proposed tenant and the substance of such Permitted Sublease proposed sublease transaction (including renewal rights) to which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a period sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not beyond reduce the end number of the Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of the Aircraft that are the same in all material respects as units at the applicable provisions of this Lease; Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (viior cause any sublessee to maintain) require such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained to for comparable activities and uses at least the same extent as set forth in this Leasecomparable properties.
Appears in 2 contracts
Sources: Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)
Permitted Subleases. After Notwithstanding the earlier to occur of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraftforegoing, provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the prior consent of Lessor, such consent not to be unreasonably withheld or delayed, Tenant may enter into a Permitted Sublease (i) third party residency agreements with respect to the Aircraft to any Permitted Sublessee if:
(a) Lessee provides written notice to Lessor promptly after entering into any such Permitted Sublease; and
(b) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject and subordinate to all individual residency units located at each of the terms of this LeaseFacilities, including the rights of Lessor to avoid such Permitted Sublease in the exercise of its rights to repossession of the Airframe and Engines hereunder and thereunder; (ii) expressly prohibit any further subleasing subleases for space at each of the Airframe Leased Properties for use as a bank, beauty salon, barber shop, laundry, commissary or healthcare purposes or ot▇▇▇ ▇▇ncessions and Enginesservices in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) require any sublease shall be for a term that will expire prior to the Airframe Expiration Date, and Engines be maintained in accordance with a Maintenance Program; (iv) limit subject to Landlord's prior written approval as to the term form of sublease agreement, the identity of the proposed tenant and the substance of such Permitted Sublease proposed sublease transaction (including renewal rights) to which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a period sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not beyond reduce the end number of the Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of the Aircraft that are the same in all material respects as units at the applicable provisions of this Lease; Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (viior cause any sublessee to maintain) require such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained to for comparable activities and uses at least the same extent as set forth in this Leasecomparable properties.
Appears in 1 contract
Sources: Property Lease Agreement (Provident Senior Living Trust)
Permitted Subleases. After Notwithstanding the earlier foregoing, Lessee shall have the right to occur enter into subleases of portions of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraft, provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the Leased Property without Lessor's prior consent of Lessor, such consent not to be unreasonably withheld or delayed, enter into a Permitted Sublease with respect to (a) any subleases under which a physician is the Aircraft sublessee, (b) any sublease involving less than 5,000 square of space in the aggregate to any Permitted Sublessee ifparticular sublessee, or (c) any other sublease which is executed in compliance with the following requirements:
(ai) Lessee provides written notice the portion of the Leased Property to Lessor promptly after entering into be sublet shall not include any space or area, other than any such space or area within medical office buildings located at the Facility, which is required for or used in connection with the Primary Intended Use nor shall the subletting detract in any material manner from the Primary Intended Use;
(ii) the only uses permitted under the sublet shall be for one or more specified Other Permitted SubleaseUses;
(iii) Lessor shall be provided with evidence reasonably satisfactory to it that the proposed subtenant is of sound business reputation and has the financial capacity to pay and perform its obligations in connection with the approved sublet;
(iv) the proposed sublet shall not be at less than the then current fair market value rent (provided that space may be sublet to an Affiliate, including for the purposes of this clause only an entity which is controlled by or under common control with Guarantor or Lessee, so long as for the purpose of computing the Additional Rent, the then current fair market value rent is imputed); and
(bv) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject the form and subordinate to all content of the terms sublease has been approved by Lessor (it being agreed that once a "form sublease" has been approved by Lessor, only material deviations from the approved form sublease shall require further approval by Lessor). Lessor shall be provided with not less than thirty (30) days prior written notice from Lessee of this Leaseany proposed sublet for which consent is required, including the rights of which written notice shall be accompanied by detailed information and data sufficient to enable Lessor to avoid such Permitted Sublease in fully evaluate the exercise of proposal. Lessor shall not unreasonably withhold, delay or condition its rights approval as to repossession the reputation and financial capacity of the Airframe and Engines hereunder and thereunder; (ii) expressly prohibit any further subleasing subtenant or the equivalence of the Airframe proposed sublet rent to fair market value rent (as provided in clauses (c) and Engines; (iiid)), but all other items of approval under clause (e) require that shall be subject to Lessor's sole and absolute discretion. As to any approved subletting, Lessor shall provide a non-disturbance of possession and recognition agreement for the Airframe and Engines be maintained subtenant so long as the subtenant provides an agreement to attorn in accordance with a Maintenance Program; (iv) limit the term of such Permitted Sublease (including renewal rights) to a period not beyond the end of the Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of the Aircraft that are the same in all material respects as the applicable provisions of this Lease; and (vii) require insurance coverage to be maintained to at least the same extent as set forth in this LeaseSection 20.3. below.
Appears in 1 contract
Permitted Subleases. After Notwithstanding the earlier to occur of the tenth anniversary of the Delivery Date or the termination of and failure to immediately replace any code share agreement applicable to the Aircraftforegoing, provided that no Notified Default has occurred and is continuing, Lessee may, during the Basic Term, with the prior consent of Lessor, such consent not to be unreasonably withheld or delayed, Tenant may enter into a Permitted Sublease (i) third party residency agreements with respect to the Aircraft to any Permitted Sublessee if:
(a) Lessee provides written notice to Lessor promptly after entering into any such Permitted Sublease; and
(b) Lessee shall include in such Permitted Sublease appropriate provisions which (i) make such Permitted Sublease expressly subject and subordinate to all individual residency units located at each of the terms of this LeaseFacilities, including the rights of Lessor to avoid such Permitted Sublease in the exercise of its rights to repossession of the Airframe and Engines hereunder and thereunder; (ii) expressly prohibit any further subleasing subleases for space at each of the Airframe Leased Properties for use as a bank, beauty salon, ▇▇▇▇▇▇ shop, laundry, commissary or healthcare purposes or other concessions and Enginesservices in the ordinary course of business consistent with and ancillary to the Intended Use; provided, however, that any such proposed subleases with terms longer than six (6) months shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, (iii) require any sublease shall be for a term that will expire prior to the Airframe Expiration Date, and Engines be maintained in accordance with a Maintenance Program; (iv) limit subject to Landlord's prior written approval as to the term form of sublease agreement, the identity of the proposed tenant and the substance of such Permitted Sublease proposed sublease transaction (including renewal rights) to which will not be unreasonably withheld), subleases with Manager in so-called "possessory interest" Facility State where use of a period sublease is required by applicable Legal Requirements. Any sublease permitted hereunder shall not beyond reduce the end number of the Term, unless Lessee has then irrevocably committed to exercise a purchase or extension option in accordance with the terms hereof; (v) require that the Airframe and Engines be used in accordance with the limitations applicable to Lessee's possession and use provided in this Lease; (vi) shall include provisions for the maintenance, operation, possession and inspection of the Aircraft that are the same in all material respects as units at the applicable Facility and will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall maintain (or cause any sublessee to maintain) such additional insurance coverage with respect to the activities to be conducted in such subleased space as Landlord may reasonably require so long as such additional insurance coverage is customarily maintained for comparable activities and uses at comparable properties. Any sublease permitted hereunder with respect to the Facility known as Wynwood Commons of Kenmore shall, notwithstanding the provisions of this Lease; and (vii) require insurance coverage Paragraph 15(c), remain subject to be maintained to at least the same extent as requirements set forth in this LeaseParagraph 57.
Appears in 1 contract
Sources: Property Lease Agreement (Brookdale Senior Living Inc.)