Space Leases. (i) Borrower has delivered a true, correct and complete schedule of all Space Leases as of the date hereof, which accurately and completely sets forth in all material respects, for each such Space Lease, the following (collectively, the “Rent Roll”): the name and address of the tenant with the name, title and telephone number of the contact person of such tenant; the lease expiration date, extension and renewal provisions; the base rent and percentage rent payable; all additional rent and pass-through obligations; and the security deposit held thereunder and the location of such deposit.
Space Leases. (i) To Borrower’s best knowledge, Borrower has delivered a true, correct and complete schedule of all Space Leases as of the date hereof, which accurately and completely sets forth in all material respects, for each such Space Lease, the following (collectively, the “Rent Roll”): the name and address of the tenant; the lease expiration date, extension and renewal provisions; the base rent and percentage rent payable; and the security deposit held thereunder.
Space Leases. To Crow's knowledge, Crow has performed in all material ------------ respects all of its obligations under the Space Leases and there are no defaults under the Space Leases. To Crow's knowledge, all other parties (whether one or more) to the Space Leases have performed all of their respective obligations thereunder in all material respects, and are not in default thereunder in any material respect. To Crow's knowledge, Crow has received no written notice of any intention by any of the parties to the Space Leases to cancel the same, nor has Crow canceled the same.
Space Leases. Beneficiary is authorized to foreclose this Deed of Trust subject to the rights of any tenants of the Trust Estate, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights shall not be, nor be asserted by Trustor to be, a defense to any proceedings instituted by Beneficiary to collect the sums secured hereby or to collect any deficiency remaining unpaid after the foreclosure sale of the Trust Estate, or any portion thereof. Unless otherwise agreed by Beneficiary in writing, all Space Leases executed subsequent to the date hereof, or any part thereof, shall be subordinate and inferior to the lien of this Deed of Trust; provided, however that (i) Beneficiary shall at Trustor's request execute a non-disturbance and attornment agreement in connection with applicable lease transactions; and (ii) from time to time Beneficiary may execute and record among the land records of the jurisdiction where this Deed of Trust is recorded, subordination statements with respect to such of said Space Leases as Beneficiary may designate in its sole discretion, whereby the Space Leases so designated by Beneficiary shall be made superior to the lien of this Deed of Trust for the term set forth in such subordination statement. From and after the recordation of such subordination statements, and for the respective periods as may be set forth therein, the Space Leases therein referred to shall be superior to the lien of this Deed of Trust and shall not be affected by any foreclosure hereof. All such Space Leases shall contain a provision to the effect that the Trustor and Space Lessee recognize the right of Beneficiary to elect and to effect such subordination of this Deed of Trust and consents thereto.
Space Leases. Seller has delivered or made available to Purchaser prior to the Effective Date, complete copies of all Space Leases, and there are no Space Leases except as set forth on the list attached hereto as Exhibit D. Except as disclosed in Exhibit D, (i) to Seller’s Knowledge, each Space Lease is in full force and effect; (ii) neither Seller nor Manager has received any written notice from any Space Lessee claiming that Seller is currently in default under any Space Leases; and (iii) no Space Lessee is in default in any material monetary obligation or, to Seller’s Knowledge, any material non-monetary obligation, under its Space Lease.
Space Leases. Lessor hereby assigns to Lessee all of Lessor's right, title and interest as landlord under the Space Leases, which Space Leases shall be subleases of the applicable Properties on the terms and conditions set forth in the Space Leases. Lessee shall fulfill, perform and observe in all respects, at its own cost and expense, each and every condition and covenant of the lessor in each Space Lease and give prompt notice to Lessor of any claim or event of default under any Space Lease given to Lessee by any Space Lessee or given by Lessee to any Space Lessee, together with a complete copy or statement of any information submitted or referenced in support of such claim or event of default. Lessor agrees that the Space Leases are not subject to the consent requirements set forth in Section 26.B, provided that, Lessee shall not be relieved of any of its obligations with respect to this Lease by reason of the Space Leases.
Space Leases. Attached hereto as Schedule 4.1(n-1) is a true and correct (in all material respects) rent roll (the “Rent Roll”) showing the applicable, expiration dates, and rent obligations under any leases, licenses or other agreements granting occupancy rights with respect to any portion of the Acquired Properties to any Person (the “Space Leases”). As of the date of the Rent Roll, the Space Leases listed on the Rent Roll in all material respects (i) constitute all the leases, licenses and occupancy agreements relating to the Acquired Properties under which the Seller or any of its Selling Subsidiaries is the holder of the landlord’s or licensor’s interest, (ii) have not been modified, supplemented, amended or guaranteed except as stated on Schedule 4.1(l), and (iii) contain the entire agreement between the relevant landlord and tenant or licensor and licensee named therein. Neither Seller nor any of its Subsidiaries have received written notice from any tenant under the Space Leases that such tenant is entitled to an offset or deduction of the rent payable under its Space Lease (excluding any rent abatements expressly set forth in such Space Lease). Each Space Lease represents the legally valid and binding obligation of the Seller or its Subsidiary party thereto, and, to the knowledge of such Seller, the legally valid and binding obligation of the other party or parties thereto, enforceable against the parties thereto in accordance with its terms, subject to applicable bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and similar Laws affecting creditors’ rights generally and subject, as to enforceability, to general principles of equity. True and complete copies of such Space Leases and all amendments and guaranties thereof have been made available to the Buyer. Schedule 4.1(n-2) contains a true and complete list of all Leasing Costs that are outstanding as of the date hereof. Schedule 4.1(n-3) contains a true and complete (in all material respects) list of all security deposits (whether in the form of cash, letter of credit or otherwise) held by the Seller or any of its Selling Subsidiaries under such Space Leases. Except as set forth on r Schedule 4.1(n-4), as of the date hereof, neither the Seller nor any of its Selling Subsidiaries has delivered any written notice of monetary or non-monetary default with respect to any Space Lease that has not been cured, rescinded or waived. Except as set forth on Schedule 4.1(n-4), to the knowledge of ...
Space Leases. A true, correct, complete and most current rent roll for the Premises is attached hereto as Exhibit I (the “Rent Roll”). There are no Leases with respect to the Premises other than the Leases set forth on the Rent Roll. Except as set forth on the Rent Roll: (a) each Lease is in full force and effect; (b) the Lessees have commenced the payment of Rent under the Leases to the extent set forth on the Rent Roll, and except as set forth in the Rent Roll, there are no offsets, claims or defenses to the enforcement thereof presently outstanding; (c) except to the extent delinquencies are set forth on the Rent Roll, all Rents due and payable under the Lease have been paid and no portion of any Rent has been paid for any period more than thirty (30) days in advance; (d) the rent payable under each Lease is the amount of rent set forth in the Rent Roll, and to Obligor’s Knowledge there is no claim or basis for a claim by the Lessee thereunder for an adjustment to the rent thereunder; (e) to Obligor’s Knowledge, no Lessee has made any claim in writing against Obligor which remains outstanding that Obligor is in default under its applicable Lease; (f) to Obligor’s Knowledge, except to the extent set forth in the Rent Roll, no material default has occurred by Obligor or any Lessee under any Lease; (g) each Lease is the valid, binding and enforceable obligation of Obligor and, to Obligor’s Knowledge, the applicable Lessee thereunder; (h) each Lease is subordinate to the Loan Documents; and (i) all real estate brokerage commissions relating to the Leases have been paid in full. No Lease contains any option to purchase or right of first refusal to purchase the Property; or any part thereof. All security deposits under the Leases are as set forth on the Rent Roll and are in Obligor’s possession. Obligor is in compliance with all Legal Requirements with respect to all security deposits. The Rent Roll sets forth the scheduled expiration date of each Lease and any arrearages in the payment of rent thereunder.
Space Leases. Except as set forth on Schedule 4.1(i)(iv), as of the date hereof, there are no Space Leases, nor are there any other tenants or occupants (other than transient guests and as otherwise contemplated in the Hotel Management Agreements) with rights to occupy all or any portion of the Real Property. A copy of each Space Lease described on Schedule 4.1(i)(iv) has been provided to Sunstone Parties and is a true and accurate copy, including all amendments to date, and constitutes the entire agreement between Management or Lessee, as the case may be, and the other party or parties named therein. Each such Space Lease is a legal, valid and binding obligation of Lessee or Management, as applicable, and to the Knowledge of Alter or Biedxxxxx, xx applicable, each other party thereto, enforceable in accordance with its terms, and, to the Knowledge of Alter or Biedxxxxx, xx applicable, free of any default by any party thereto, nor has Management or Lessee received any written or verbal notice or other communication of any alleged breach or default thereunder. As of the date hereof, none of Management, Lessee or any Lessee Subsidiary is required to pay for any alterations in excess of $20,000 for any tenant which alterations have not been completed as required pursuant to the relevant lease, except as set forth on Schedule 4.1(j)(iv). To the Knowledge of Alter or Biedxxxxx, xx applicable, no brokerage commissions or finder's fees that Lessee or Management is required to pay in excess of $20,000 with respect to the negotiation, renewal, extension or modification of any Space Lease set forth on Schedule 4.1(i)(iv) will be owing on the Closing Date. To the Knowledge of Alter or Biedxxxxx, xx applicable, there are no pending actions or proceedings instituted against Management, Lessee or any Lessee Subsidiary by any tenant under any Space Lease.
Space Leases. Except as set forth in the Real Property Leases, no person or entity has been granted by the Company pursuant to a written agreement or, to the knowledge of the Company, pursuant to any other agreement, oral or otherwise, any right to the possession, use, occupancy or enjoyment of the Leased Real Property or any portion thereof.
