Common use of Rights of Landlord Clause in Contracts

Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing Landlord’s remedies or rights against Tenant in connection with the Lease, and consent to any assignment, subletting or reassignment of the Lease, (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such Preferential Payment had not been made.

Appears in 3 contracts

Samples: Guaranty of Lease (Ryan's Restaurant Leasing Company, LLC), Guaranty of Lease (Ryan's Restaurant Leasing Company, LLC), Guaranty of Lease (Ryan's Restaurant Leasing Company, LLC)

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Rights of Landlord. Guarantor authorizes LandlordIn addition to the rights as otherwise provided in this lease, the Landlord reserves the following rights: (a) to change the name of the Building without notice or demand liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, ice, mineral water, towel, janitorial, or maintenance services, or the like, or toilet supplies used on the Premises; (c) at any time during the last ninety days of the term if during or prior to that time the Tenant vacates the Premises (even if Tenant has not breached the lease or abandoned the Premises) to decorate, remodel, repair, after or otherwise prepare the Premises for reoccupancy; (d) constantly to have pass keys to the Premises; (e) to grant to anyone the exclusive right to conduct any particular business or undertaking in the Building; (f) to enter the Premises at any time for inspections, repairs, alterations or additions to the Premises or the Building, to exhibit the Premises to others, to a fix and display "For Rent" signs, and for any purpose whatsoever related to the safety, protection, preservation on or improvement of the Premises, the Building or the Landlord's interest, without being deemed guilty of an eviction or disturbance of Tenant's use and possession, and without affecting its liability hereunderbeing liable in any manner to the Tenant on account thereof; (g) at any time, and from time to time time, whether at the instance of Landlord or pursuant to (a) extendgovernment requirements, accelerateat Landlord's expense, to make repairs, alterations, additions, improvements or otherwise change decorating, whether structural or otherwise, in or to the time for any payment provided for in the Lease, Building or any covenantpart thereof, term or condition including the Premises. Without limiting the generality of the Leaseforegoing rights, delay enforcing Landlord’s remedies Landlord shall specifically have the right to remove, alter, improve or rights against Tenant in connection with rebuild the Lease, and consent to any assignment, subletting or reassignment lobby of the Lease, (b) take and hold security for any payment provided for in Building as the Lease same is presently or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Leaseshall hereafter be constituted, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over light court of the LeaseBuilding as the same is presently or shall hereafter be constituted, of any part or parts thereof, Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the Premises of the Building or any assignment of adjacent or nearby building, land, street or alley, all claims against the Lease by Landlord or Tenant, this Guaranty shall continue until for any and all of Tenant’s Obligations have been fully and completely performed such liability being hereby expressly released by Tenant. Guarantor In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Article 16, the Landlord shall have the right to access through the Premises as well as the right to take into and upon and through the Premises or any other part of the Building, all material that may be required to make such repairs, alterations, decorating, additions or improvements as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other facilities of the Building, or temporarily to xxxxx the operations of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant's property, business or person and without liability to Tenant by reason of interference with the business of Tenant or inconvenience or annoyance to the Tenant or the customers of the Tenant. The rent reserved herein shall in no wise xxxxx while said repairs, alterations, decorating, additions or improvements are being made and Tenant shall not be entitled to maintain any set-off or counter-claim for damages of any kind against Landlord by reason thereof, all such clams being hereby expressly released by any act or event which mightthe Tenant. However, but all such work shall be done in such manner as to cause Tenant the least inconvenience practicable. Landlord reserves and shall have the right to enter upon the Premises for this provision the purpose of this Guarantyposting and maintaining such notices on the Premises as may be necessary to protect Landlord against mechanic's, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay materialman's or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant liens and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to notices that may be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived proper and continued in full force and effect as if such Preferential Payment had not been madenecessary.

Appears in 2 contracts

Samples: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)

Rights of Landlord. Guarantor authorizes Landlord reserves the following rights: (a) upon prior notice to Tenant, to change the address and/or name of the building without or liability to Tenant; (b) to designate all sources furnishing sign painting or lettering, ice, bottled water and toilet supplies used on the premises; (c) constantly to have pass keys to the premises; (d) to grant anyone the exclusive right to conduct any particular business or undertaking in the building in which the demised premises are situated; (e) to enter the demised premises anytime whether or not Tenant is present to admit Landlord for inspections, repairs, alterations or additions to the premises or the building in which the premises are situated for window cleaning and janitorial services, to exhibit the premises to others, to affix and display “For Rent” signs, and for any purpose whatsoever related to the safety, protection, preservation or improvement of the premises, the said building, or Landlord’s interest, without notice being deemed guilty of an eviction or demand disturbance of Tenant’s use and possession, and without affecting its liability hereunderbeing liable in any manner to Tenant on account thereof; (f) at any time, and from time to time time, whether at the instance of Landlord or pursuant to (a) extendgovernmental requirements, accelerateat Landlord’s expense, to make repairs, alterations, additions, improvements or otherwise change decorating, whether structural or otherwise, in or to the time for any payment provided for in the Leasebuilding, or any covenantpart thereof, term or condition including the demised premises. Without limiting the generality of the Leaseforegoing rights, delay enforcing Landlord’s remedies Landlord shall specifically have the right to remove, alter, improve or rights against Tenant in connection with rebuild the Lease, lobby and consent to any assignment, subletting or reassignment all other public and rentable areas of the Lease, (b) take and hold security for any payment provided for in building as the Lease same are presently or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Leaseshall hereafter be constituted, or any assignment part or parts thereof. Landlord shall not be liable to Tenant for any expense, injury, loss or damage resulting from any work so done in or about the demised premises or the building or any adjacent or nearby buildings, land, street or alley, all claims against the Landlord for any and all such liability being hereby expressly released by Tenant, unless caused by Landlord’s or its agents negligence or willful misconduct. In connection with making repairs, alterations, decorating, additions or improvements under the terms of this Article. Landlord shall have the right to access through the demised premises, as well as the right to take into and upon and through said premises or any other part of the Lease building all material that may be required to make such repairs, alterations, decorating, additions or improvements, as well as the right in the course of such work to close entrances, doors, corridors, elevators, or other building facilities, or temporarily to xxxxx the operation of such facilities, without being deemed or held guilty of an eviction of Tenant and without liability for damages to Tenant’s property, business or person and without liability to Tenant by Landlord reason of interference with the business of Tenant or Tenant, this Guaranty shall continue until all inconvenience or annoyance to Tenant or the customers of Tenant’s Obligations have been fully . The rent reserved herein shall in no wise xxxxx while said repairs, alterations, decorating, additions or improvement are being made, and completely performed Tenant shall not be entitled to maintain any set-off or counter-claim for damages of any kind against Landlord by reason thereof all such claims being hereby expressly released by Tenant. Guarantor However, all such work shall not be released by any act or event which mightdone in such manner as to cause Tenant the least inconvenience practicable. Landlord reserves and shall have the right to enter upon the demised premises for the purpose of posting and maintaining such notices on the premises as may be necessary to protect Landlord against mechanic’s, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay materialmen’s or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant liens and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to notices that may be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived proper and continued in full force and effect as if such Preferential Payment had not been madenecessary.

Appears in 2 contracts

Samples: First Lease Addendum (City National Corp), First Lease Addendum (City National Corp)

Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing in any respect to impair or suspend the Landlord’s remedies or rights against Tenant in connection with the Lease, and to consent to any assignment, subletting or reassignment of the Lease, ; (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, extension or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by TenantTenant or any assignee of the Lease. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or of any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, agreements, waivers or agreements. It is any of them; it being the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to be effective or shall be reinstated, as the case may behe, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such said Preferential Payment had not been made.

Appears in 2 contracts

Samples: Lease Agreement (Equinix Inc), Ground Lease (Equinix Inc)

Rights of Landlord. Guarantor authorizes LandlordFrom time to time, and without notice or demand and without affecting its liability hereunderto Guarantor, from time to time to Landlord may: (a) extend, accelerateretain or obtain the primary or secondary liability or obligation of any party or parties for, or otherwise change with respect to, any or all of the time for any payment provided for in the Lease, Liabilities or any covenant, term or condition all of the Lease, delay enforcing Landlord’s remedies liabilities or rights against Tenant in connection with the Lease, and consent to any assignment, subletting or reassignment of the Lease, (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to (the contrary"Other Obligor"); (b) modify, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released amend, alter, or discharged of its obligations under change the Lease with or the consent of Landlord Liabilities, or in accordance with extend or renew the terms Lease or the Liabilities, for any period (whether or not longer than the original period); (c) release, relieve, compromise, impair, or waive any or all of the Lease. The foregoing sentence Liabilities, the liabilities or obligations of Guarantor hereunder, or the liabilities or obligations of any Other Obligor; (d) release, relieve, compromise, impair, or waive any security interest or lien in any or all property to secure payment or performance of any or all of the Liabilities or of any or all of the liabilities or obligations of Guarantor hereunder (the "Security"), and permit any substitution or exchange for any or all of the Security; and (e) resort to Guarantor for payment or performance of any or all of the Liabilities (whether or not Landlord shall in no way affect have: (i) resorted to any waivers of the Security; (ii) made a demand on or proceeded against Tenant or any bankruptcy provisions set forth hereinOther Obligor; or (iii) sought or obtained a judgement with respect to any or all of the Liabilities). Guarantor further agrees that to the extent Tenant No such action or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid omission by Landlord shall affect in any manner whatsoever the liabilities or paid over to a trusteeobligations of Guarantor hereunder. Landlord may apply any amount received by Landlord from Tenant, receiver Guarantor, any Other Obligor, or any other entityparty toward the payment and performance of the Liabilities in such order of application as Landlord may elect from time to time. As amounts become payable hereunder, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then Landlord may collect and enforce this Guaranty shall continue with respect to be effective those amounts, without affecting in any manner whatsoever the liabilities or shall be reinstated, as obligations of Guarantor hereunder with respect to amounts that subsequently may become payable hereunder. Guarantor may enforce this Guaranty even if the case may befull amount payable hereunder at the time of enforcement is not known, and, to in the extent event of such payment or repayment by Landlordenforcement, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in Guarantor may collect amounts as they become known until Guarantor has collected the full force and effect as if such Preferential Payment had not been madeamount payable hereunder.

Appears in 1 contract

Samples: Lease (Brightpoint Inc)

Rights of Landlord. Guarantor authorizes Landlord, without notice or -------------------- demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing impair or suspend the Landlord’s 's remedies or rights against Tenant in connection with the Lease, and to consent to any assignment, subletting or reassignment of the Lease, ; (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, covenant term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine; and (d) release or substitute Tenant or any other guarantor or other person or entity liable in respect of all or any part of Tenant's Obligations. Landlord may Landlorx xxx without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, extension or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s 's Obligations have been fully and completely performed by TenantTenant or any assignee of the Lease. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or of any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, agreements, waivers or agreements. It is any of them; it being the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s 's Obligations and all or any part of such payment is subsequent subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s 's Obligations or part thereof paxx xxereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such said Preferential Payment had not been made.

Appears in 1 contract

Samples: Lease Agreement (Measurement Specialties Inc)

Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing Landlord’s remedies or rights against Tenant in connection with the Lease, and consent to any assignment, subletting or reassignment of the Lease, (b) take and hold security for any payment provided for in the Lease or for the MASTER LAND AND BUILDING LEASE EXHIBIT E performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such Preferential Payment had not been made.

Appears in 1 contract

Samples: Guaranty of Lease (Ryan's Restaurant Leasing Company, LLC)

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Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing in any respect to impair or suspend the Landlord’s remedies or rights against Tenant in connection with the Lease, and to consent to any assignment, subletting or reassignment of the Lease, ; (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice or the consent of Guarantor assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, extension or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by TenantTenant or any assignee of the Lease. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or of any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, agreements, waivers or agreements. It is any of them; it being the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such said Preferential Payment had not been made.

Appears in 1 contract

Samples: Master Lease (Equinix Inc)

Rights of Landlord. Guarantor consents that the Landlord may and hereby authorizes LandlordLandlord at any time in its discretion to, without notice or demand and without affecting its liability the indebtedness and liabilities of Guarantor hereunder, from time to time to (ai) extendalter any of the terms of the Guarantied Obligations, accelerateincluding without limitation, renewing, amending, releasing, waiving, compromising, extending or accelerating, or otherwise change changing the time for any payment provided for in the Leaseof, or any covenantincreasing or decreasing the Guarantied Obligations or the rate of interest on the Guarantied Obligations; accepting new or additional documents, term instruments or condition agreements relative to the Guarantied Obligations; consenting to the change, restructure or termination of the Leaseentity comprising Tenant, delay enforcing Landlord’s remedies Guarantor or rights against Tenant in connection with the Leaseany other person or any affiliate of Tenant, Guarantor or any other person, and consent to correspondingly restructure the Guarantied Obligations; accepting partial payments on the Guarantied Obligations; taking and holding any assignment, subletting security or reassignment of the Lease, (b) take and hold security for any payment provided for in the Lease or additional guaranties for the performance of any covenantGuarantied Obligations and amending, term altering, exchanging, substituting, transferring, enforcing, perfecting or condition of the Leasefailing to perfect, waiving, subordinating, terminating, compromising, or exchange, waive or release releasing any such security or guaranties; applying any security; , and (c) apply such security and direct directing the order or and OP&F – 00 Xxxxxxxxx Xxxxxx Lionbridge Technologies – Lease Guaranty manner of sale thereof as Landlord in its sole discretion may determine. ; settling, releasing on terms satisfactory to Landlord may without notice or by operation of law or otherwise, compounding, compromising, collecting or otherwise liquidating the Guarantied Obligations and/or the security or any guaranty therefor in any manner; releasing Tenant or any other person of its liability for all or any of the Guarantied Obligations; participating in any settlement offered by Tenant, any guarantor or any other person, whether in liquidation, reorganization, receivership, bankruptcy, assignment for the benefit of creditors or other debtor-relief proceeding or otherwise; exercising or not exercising rights available to it in any liquidation, reorganization, receivership, bankruptcy, assignment for benefit of creditors or other debtor-relief proceeding, including voting or not voting to accept a plan and filing or not filing a proof of claim; releasing, substituting or adding any one or more guarantors or endorsers; and (ii) assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the LeaseGuarantied Obligations, in whole or any assignment of the Lease by in part. Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon take any of the foregoing actsactions upon any terms and conditions as Landlord may elect, omissions, things, without giving notice to Guarantor or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with obtaining the consent of Landlord or in accordance with Guarantor and without affecting the terms liability of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such Preferential Payment had not been made.

Appears in 1 contract

Samples: Office Lease (Lionbridge Technologies Inc /De/)

Rights of Landlord. Guarantor authorizes LandlordIf this Lease is assigned, whether or not in ------------------ violation of the provisions herein, Landlord may (without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerateprejudice to, or otherwise change waiver of its rights), collect rent from the time for assignee. If the Premises or any payment provided for part thereof are sublet or used or occupied by anyone other than Tenant, whether or not in the violation of this Lease, Landlord may collect rent from the subtenant or occupant. In either event, Landlord may apply the net amount collected to the Gross Rent and Additional Rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any covenant, term or condition of the Leaseprovisions of this Article VIII or the acceptance of the assignee, delay enforcing Landlord’s remedies subtenant or rights against occupancy as a tenant, or a release of Tenant in connection with from the Lease, and consent to performance of its obligations hereunder. In the event of any assignment, subletting or reassignment of the Leasemortgaging, (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Leasesubletting, or exchange, waive use or release any such security; and occupancy by others (cwhether or not in violation of this Lease) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may without notice assign this Guaranty, the Lease, or the rents and other sums payable thereunder. Notwithstanding any termination, renewal, extension, or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s Obligations have been fully and completely performed by Tenant. Guarantor same shall not in any way be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure considered to proceed promptly or otherwise as against relieve Tenant or Guarantor, or by reason or any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, or agreements. It is the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or from acting in accordance with the terms and prohibitions set forth in this Article VIII. Any approved sublease shall be expressly subject to the terms and conditions of the this Lease. The foregoing sentence Reference in this Lease to use or occupancy by others (that is, anyone other than Tenant) shall in no way affect not be construed as limited to subtenants and those claiming under or through subtenants but as including also licensees and others claiming under or through Tenant, immediately or remotely. Tenant covenants that, notwithstanding any waivers assignment or any bankruptcy provisions set forth herein. Guarantor further agrees that to transfer, and notwithstanding the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s Obligations and all or any part acceptance of such payment is subsequent invalidated, declared to be fraudulent or preferential, set aside or required to be repaid Gross Rent and/or Additional Rent by Landlord or paid over to a trusteefrom an assignee, receiver transferee, or any other entityparty, it shall remain fully liable for the payment of the Gross Rent and Additional Rent and for the other obligations of this Lease to be performed or observed by Tenant. In the event that the total rent and any other considerations (whether cash or non-cash) received under any bankruptcy act sublease by Tenant, after deduction of Tenant's reasonable and actual expenses in obtaining such sublease (including attorneys' fees, brokerage commissions and advertising expenses, but excluding remodeling or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”construction costs), then is greater than the total rent provided for from time to time under this Guaranty shall continue to be effective or shall be reinstatedLease, as the case may be, and, which is allocable to the extent space sublet, Tenant shall pay to Landlord fifty percent (50%) of such payment excesses received from any subtenant. In the event that Tenant receives any consideration for an assignment of Tenant's interest under this Lease, after deduction of Tenant's reasonable and actual expenses in obtaining such assignment (including attorney fees, brokerage, commissions and advertising expenses, but excluding remodeling or repayment by Landlordconstruction costs), Tenant’s Obligations or part thereof intended Tenant shall pay to be satisfied by Landlord fifty percent (50%) of such Preferential Payment shall be revived and continued in full force and effect as if such Preferential Payment had not been madeexcesses received from any assignee.

Appears in 1 contract

Samples: Lease Agreement (Commerx Inc)

Rights of Landlord. Guarantor authorizes Landlord, without notice or demand and without affecting its liability hereunder, from time to time to (a) extend, accelerate, or otherwise change the time for any payment provided for in the Lease, or any covenant, term or condition of the Lease, delay enforcing impair or suspend the Landlord’s 's remedies or rights against Tenant in connection with the Lease, and to consent to any assignment, subletting or reassignment of the Lease, ; (b) take and hold security for any payment provided for in the Lease or for the performance of any covenant, term or condition of the Lease, or exchange, waive or release any such security; and (c) apply such security and direct the order or manner of sale thereof as Landlord in its sole discretion may determine. Landlord may may, without notice consideration to or consent of the Guarantor, assign this Guaranty, the Lease, or the rents and other sums payable thereunder; provided, however, that Landlord shall promptly after any such assignment notify Guarantor of such action. Notwithstanding any termination, renewal, extension, extension or holding over of the Lease, or any assignment of the Lease by Landlord or Tenant, this Guaranty shall continue until all of Tenant’s 's Obligations have been fully and completely performed by TenantTenant or any assignee of the Lease. Guarantor shall not be released by any act or event which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety, or by reason of any waiver, extension, modification, forbearance or delay or other act or omission of the Landlord or its failure to proceed promptly or otherwise as against Tenant or Guarantor, or by reason or of any action taken or omitted or circumstance which may or might vary the risk or affect the rights or remedies of Guarantor as against Tenant, or by reason of any further dealings between Tenant and Landlord, whether relating to the Lease or otherwise, and Guarantor hereby expressly waives and surrenders any defense to its liability hereunder based upon any of the foregoing acts, omissions, things, agreements, waivers or agreements. It is any of them; it being the purpose and intent of this Guaranty that the obligations of Guarantor hereunder are absolute and unconditional under any and all circumstances. Notwithstanding any provision hereof to the contrary, Guarantor shall be released and discharged of its obligations hereunder if and to the same extent as Tenant is released or discharged of its obligations under the Lease with the consent of Landlord or in accordance with the terms of the Lease. The foregoing sentence shall in no way affect any waivers or any bankruptcy provisions set forth herein. Guarantor further agrees that to the extent Tenant or Guarantor makes any payment to Landlord in connection with Tenant’s 's Obligations and all or any part of such payment is subsequent subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a “Preferential Payment”"PREFERENTIAL PAYMENT"), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Landlord, Tenant’s 's Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if such said Preferential Payment had not been made.

Appears in 1 contract

Samples: Lease Agreement (Corixa Corp)

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