SUBJECT AND SUBORDINATE. This Agreement and all rights of Licensee hereunder are subject and subordinate to the terms and conditions of any and all underlying leases and mortgages which may now or hereafter affect the Building.
SUBJECT AND SUBORDINATE. The Equipment User acknowledges and agrees that its rights and interests in and to the Equipment are subject and subordinate in all respects to the Security Interest and the rights and interests of the Collateral Agent under the Security Agreement.
SUBJECT AND SUBORDINATE. The rights and remedies of the Owner Trustee and the Owner Participant in the Undivided Interest, the Real Property Interest and the related Generation Entitlement Share are subject and subordinate to the rights and remedies of the ANPP Participants (other than (i) the Lessee or (ii) any Person who shall become an ANPP Participant in respect of the Lessor's Interest (as defined in Section B(c)(3)) under the ANPP Project Agreements.
SUBJECT AND SUBORDINATE. THIS LEASE AND LESSEE'S RIGHTS HEREUNDER AND IN THE AIRCRAFT ARE SUBJECT AND SUBORDINATE TO ALL THE TERMS OF THE MORTGAGE, INCLUDING, WITHOUT LIMITATION, MORTGAGEE'S RIGHT TO TAKE IMMEDIATE POSSESSION OF THE AIRCRAFT UPON THE OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE MORTGAGE. Without limiting the foregoing, solely as between Lessor and Lessee, Lessor covenants that if, and so long as, no Event of Default shall have occurred and be continuing, Lessor shall not (and Lessor shall not provide a basis for Mortgagee or any other person lawfully claiming through Lessor or Mortgagee to) disturb Lessee's quiet enjoyment of the Aircraft hereunder. If Lessor breaches the foregoing covenant or if Mortgagee improperly repossesses, seizes or attaches the Aircraft, Lessee acknowledges and agrees that Lessee's sole right and remedy shall be the right to seek to recover resulting damages from Lessor, but Lessee shall have no right to recover any damages from or otherwise xxx Mortgagee in connection therewith or otherwise to retain possession or use of the Aircraft in contravention of the rights, interests, benefits or remedies of Mortgagee.
SUBJECT AND SUBORDINATE. Prior to delivery of any Car by Car Provider in connection with the Option Agreement, Car Provider shall notify Car User of any restriction or restraint on the use of such Car which is not otherwise disclosed in this Agreement; provided, however, this requirement shall only apply to Cars delivered after the date hereof. The Parties hereby acknowledge and agree that this Agreement, including any and all rights that Car User or Car Provider may now have or hereafter acquire in connection herewith, is subject and subordinate in all respects to any lease and/or sublease which the Cars may be or become subject to and all rights of the lessor and/or sublessor thereunder; provided, however, that in no event shall the terms of any lease and/or sublease which any of the Cars are or become subject to shall relieve either party of its obligation to provide Cars as set forth in the Option Agreement. Notwithstanding anything set forth herein to the contrary, the terms of this Agreement are subject to the terms of the Option Agreement and to *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. the extent there is a conflict between this Agreement and the Option Agreement, the Option Agreement shall control. *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
SUBJECT AND SUBORDINATE. Lessee hereby acknowledges and agrees that this Lease and all right, title and interest of Lessee in, to and under this Lease are now and shall at all times continue to be unconditionally subject and subordinate in each and every respect (i)to the lien of Fleet Capital Corporation (the “Mortgagee”) in the Aircraft, as said lien may be amended, modified or renewed from time to time, and (ii) to all of the terms and conditions of the Loan and Aircraft Security Agreement (S/N 65) dated as of December 31, 2003 (as may be amended, restated or modified from time to time, the “Loan Agreement”), between Lessor and Mortgagee, including, without limitation, all of the rights, powers and/or remedies of Mortgagee under the Loan Agreement, including, without limitation, Mortgagee’s rights of repossession and to terminate this Lease upon the occurrence of an event of default under the Loan Agreement.
SUBJECT AND SUBORDINATE. This Sub-sublease is subject and subordinate to ------------------------ - the Prime Lease, a true and complete copy of which is attached hereto as EXHIBIT B. Except as may be inconsistent with the terms hereof, all the terms, covenants and conditions in the Prime Lease Sections 1. 1; 1.2; 2. 1; 3.2; 3.3; 3.4; 4.2; 4.3; 4.4; 4.5; 4.7; 5. 1; 5.2; 6. 1; 7. 1; 7.2; 8. 1; 8.2; 8.3; 8.4; 8.5; 9.1; 9.2; 10.1; 10.2; 10.3; 10.4; 10.5; 10.6; 10.7, 10.8, 10.9, 10.10; 10.11; 10.12; and 10. 1 5 shall be deemed incorporated into this Sub-sublease with the same force and effect as if Sub-sublandlord were the Landlord under said Prime Lease and Sub-subtenant were the tenant thereunder. In case of any breach thereof by Sub-subtenant, Sub-sublandlord shall have all the rights against Sub-subtenant as would be available to the landlord against the tenant under the Prime Lease if such breach were by the tenant thereunder. Except to the extent otherwise expressly provided herein, the only services or rights to which Sub-subtenant is entitled hereunder are those to which Sub-sublandlord is entitled under the Prime Lease and, therefore, for all such services and rights, Sub-subtenant will look to the Prime Landlord only. Notwithstanding the foregoing, Sub-subtenant shall have no right to exercise any option or election given to Sub-sublandlord under the Prime Lease, and Sub- sublandiord does not hereby agree to exercise any such option or election given to Sub-sublandlord under the Prime Lease. In the Event that the Prime lease terminates due to casualty in accordance with the termination provisions of the Prime Lease, this Sub-sublease shall terminate simultaneously.
SUBJECT AND SUBORDINATE. The rights of Operator (and any party claiming through Operator) with respect to the Equipment shall be subject and subordinate in all respects to Lessor’s rights, title and interests in the Equipment, including, all of its rights and remedies hereunder and under any related Lease Documents.
SUBJECT AND SUBORDINATE. This Agreement is subject and subordinate to that certain Lease Agreement dated July 29, 1999 (the "Lease"), between Transamerica Equipment Financial Services Corporation ("TEFSC"), as lessor, and PFC, as lessee, and TEFSC's right to repossess each unit of Equipment and to avoid and terminate this Agreement with respect to the Equipment so repossessed upon such repossession. EDC consents and agrees to the assignment to TEFSC of (i) all monies due or to become due to PFC under this Agreement; and (ii) all rights and privileges of PFC under this Agreement. EDC promises and agrees to settle all claims against PFC directly with PFC and hereby waives, relinquishes and disclaims as to TEFSC all counterclaims, rights of set-off, and defenses EDC may have against PFC, including any right to with- hold payment of or to refrain from paying, any monies that are due or to become due under the terms of this Agreement, except that EDC shall not be liable to TEFSC for monies paid to PFC in accordance with the terms of this Agreement prior to the time TEFSC notifies EDC to pay TEFSC directly. EDC agrees and acknowledges that TEFSC has not assumed and will not have any obligation or liabilities under this Agreement to EDC or to any other person by reason of the aforementioned assignment or otherwise.
SUBJECT AND SUBORDINATE. This Agreement and all rights of Licensee hereunder are subject and subordinate to the terms and conditions of any and all underlying leases and mortgages which may now or hereafter affect the Building. may terminate this Agreement and the license granted hereunder by delivering oral or written notice thereof personally to Licensee advising of the default. Upon such termination, Licensee shall vacate the Licensed Premises within twenty four
