Separate Lease. In the event of any termination of this Lease, in whole or in part, Lessor agrees to enter into a new lease (“Separate Lease”) of the Leased Property(ies) in question with the Leasehold Mortgagee or its designee for the remainder of the term of this Lease, effective as of the date of termination, at the rent and additional rent, and upon the terms, covenants and conditions (including all options to renew but excluding requirements which are not applicable or which have already been fulfilled) identical to this Lease, provided:
Separate Lease. If Landlord either (a) conveys a Property to a party that is not an Affiliate of Landlord after complying with the provisions of Sections 9.1 and 9.2, to the extent that the same are applicable, or (b) conveys a Property at which Tenant’s Occupancy Percentage is twenty-five percent (25%) or less to an Affiliate of FSG, if so requested in writing by Landlord, Tenant, as tenant, shall execute a Separate Lease with the new owner of the Property, as landlord, which Separate Lease shall relate solely to the conveyed Property and shall (i) be for the same Term, including Renewal Terms, as would otherwise pertain under this Lease (any such Separate Lease, a “Continuing Term Separate Lease”) or, at Tenant’s election and/or Landlord’s election, but, if at Landlord’s election, subject to disapproval by Tenant in Tenant’s sole discretion, an initial term of five (5) years, with renewal terms of five (5) years each through the Expiration Date (any such Separate Lease, a “Five Year Term Separate Lease”), (ii) be for the same Annual Basic Rent, Excess Basic Rent, if any, and Additional Rent as would otherwise be payable under this Lease (regardless of whether the Separate Lease is a Continuing Term Separate Lease or a Five Year Term Separate Lease) and (iii) otherwise be on all of the same terms and conditions as set forth in this Lease, except that (A) if the Contraction Premises are located in a Property that is subject to a Continuing Term Separate Lease, Tenant shall exercise the Contraction Rights granted to Tenant under Article XI by entering into a Contraction Assignment (if the Contraction Premises constitutes all of the Leased Premises at the Property) or a Contraction Sublease (if the Contraction Premises constitutes a portion, but less than all, of the Leased Premises at the Property) with FSG or, at FSG’s election, an Affiliate of FSG and (B) Tenant shall have no Contraction Rights under Article XI for any Properties subject to Five Year Term Separate Leases. Immediately upon the execution of a Separate Lease for a Property by the new owner of the Property and Tenant, this Lease shall terminate with respect to such Property and the Separate Lease shall in all aspects be controlling, except for FSG’s obligation to enter into a Contraction Assignment or a Contraction Sublease, as applicable, to effectuate Tenant’s exercise of Contraction Rights for any Property subject to Continuing Term Separate Leases, which obligation of FSG shall continue so long as Tenant...
Separate Lease. 92 Section 22.8
Separate Lease. If Landlord conveys or transfers any individual Leased Property (other than pursuant to Section 1.3), if so requested in writing by Landlord, Tenant, as tenant, shall execute a new lease with the new owner of the applicable Leased Property, as landlord, (a “Separate Lease”) which Separate Lease shall relate solely to the conveyed Leased Property and shall (i) be for the same Term as would otherwise pertain under this Lease, (ii) be for the same Rent as would otherwise be payable under this Lease with respect to such individual Leased Property and (iii) otherwise be on all of the same terms and conditions as set forth in this Lease. Immediately upon the execution of a Separate Lease for any individual Leased Property by the new owner of the individual Leased Property and Tenant, this Lease shall terminate with respect to such individual Leased Property and the Separate Lease shall in all aspects be controlling.
Separate Lease. Lessor and Lessee acknowledge and agree and it is their intent that the cars subject to this Rider may be owned by one or more persons or entities other than Lessor (and that after the date hereof cars may be sold or transferred to one or more other persons or entities pursuant to Article 23 or otherwise), and, accordingly, Lessor and Lessee agree that this Rider shall constitute one or more separate and severable Leases, with each such Lease being comprised of the cars subject hereto that are owned by a single person or entity. Each such Lease shall incorporate the terms of the above referenced Railroad Car Lease Agreement and shall be separate and severable in all respects from each other Lease made pursuant to this Rider and from any other cars or riders relating to the above referenced Railroad Car Lease Agreement, and shall be separately transferable for all purposes Term - The minimum term for the cars leased hereunder shall be ____ months, and the cars shall continue under lease thereafter for successive ____ month terms, at the same rate and under the same conditions, unless notice, in writing, requesting cancellation shall be given by either party to the other at least sixty (60) days prior to expiration of the initial term or any successive term for cars covered by this Rider. Thereafter, this Rider shall terminate automatically upon the date of release of the last car covered by this Rider. TRINITY INDUSTRIES LEASING COMPANY By: Vice President, Portfolio Management EXHIBIT E LESSEE: By: Name: Title:
Separate Lease. Lessor and Lessee agree that this Rider shall constitute a separate lease which incorporates the terms of the above referenced Railroad Car Lease Agreement. This Rider shall be severable from any other cars or riders relating to the above referenced Railroad Car Lease Agreement and shall become a separate lease which is separately transferable for all purposes. Term - The minimum term for the cars leased hereunder shall be sixty (60) months, and the cars shall continue under lease thereafter for successive one (1) month terms, at the same rate and under the same conditions, unless notice, in writing, requesting cancellation shall be given by either party to the other at least thirty (30) days prior to expiration of the initial term or any successive term for cars covered by this Rider. Thereafter, this Rider shall terminate automatically upon the date of release of the last car covered by this Rider. TRINITY INDUSTRIES LEASING COMPANY HIGHWATER ETHANOL, LLC By: /s/ Xxxxxx X. Xxxxxxx By: /s/ Xxxxx Xxxxxxxxx Vice President, Portfolio Management Title: CEO
Separate Lease. Section 16 of the First Amendment is hereby amended and restated in its entirety as follows: “Upon written request from Landlord to Tenant, Tenant will enter into a separate lease for each of the 40 VSP Space and 50 VSP Space if Landlord represents to Tenant that separate leases are reasonably required in order to accommodate the sale or refinancing of either the 40 VSP Space or 50 VSP Space, or if Tenant exercises the Option to Extend Term set forth in Section 28 of the Lease for either the 40 VSP Space or the 50 VSP Space, or for other similar business purposes. The separate leases shall fairly represent the provisions of the Lease applicable to the 40 VSP Space and the 50 VSP Space, and provide an allocation of 50% of the Security Deposit to the 40 VSP Space and 50% of the Security Deposit to the 50 VSP Space.”
Separate Lease. 67 ARTICLE X EXPANSION RIGHTS..............................................67
Separate Lease. Before the County begins using the County Parking Spaces, the County and the City will enter into a lease for the County Parking Spaces. The lease will be for a minimum term of 20 years, for a rent of not more than $1.00 per year, and will permit the County to renew the lease for one time for a period not to exceed 20 years for a rent of not more than $1.00 per year and will otherwise be consistent with the terms and conditions of this Agreement. The lease shall contain a section which provides the County with alternative off-street parking spaces if, at any time during the term of the lease, the County Parking Spaces become unavailable. The lease will make proximity as close as possible to the County Courts the City’s first priority in providing alternative parking spaces.
Separate Lease. The Parties acknowledge that this Lease is a separate lease between the Parties and is not, nor is it to be construed as, an extension or renewal of the 1993 Lease.
