Tenant Financing. If, in connection with granting any Permitted Leasehold Mortgage or entering into a Debt Agreement, Tenant shall reasonably request (A) reasonable cooperation from Landlord, Landlord shall provide the same at no cost or expense to Landlord, it being understood and agreed that Tenant shall be required to reimburse Landlord for all such costs and expenses so incurred by Landlord, including, but not limited to, its reasonable attorneys’ fees, or (B) reasonable amendments or modifications to this Master Lease as a condition thereto, Landlord hereby agrees to execute and deliver the same so long as any such amendments or modifications do not (i) increase Landlord’s monetary obligations under this Master Lease, (ii) adversely increase Landlord’s non-monetary obligations under this Master Lease in any material respect, (iii) diminish Landlord’s rights under this Master Lease in any material respect, (iv) adversely impact the value of the Leased Property or (v) adversely impact Landlord’s (or any Affiliate of Landlord’s) tax treatment or position.
Tenant Financing. Tenant shall have the absolute right from time to time during the Term hereof to grant and assign a mortgage or other security interest in Tenant’s interest in this Lease with the prior written consent of the Landlord, not to be unreasonably withheld, and without Landlord’s further approval, written or otherwise, all of Tenant’s property located on or used in connection with the Premises to Tenant’s lenders in connection with Tenant’s financing arrangements. Landlord agrees to execute such confirmation certificates and other documents (except amendments to this Lease unless Landlord hereafter consents) as Tenant’s lenders may reasonably request in connection with any such financing.
Tenant Financing. Tenant shall have the absolute right from time to time during the Term hereof and without Landlord's further approval, written or otherwise, to grant and assign a mortgage or other security interest in Tenant's interest in this Lease and all of Tenant's Property to Tenant's lenders in connection with Tenant's financing arrangements. Landlord agrees to execute such amendments, confirmation, certificates and other documents as Tenant's lenders may reasonably request in connection with any such financing.
Tenant Financing. Notwithstanding anything contained herein to the contrary, Tenant shall have the right at any time to encumber all or any part of its interest in this Lease, or in its equipment or trade fixtures located at the Leased Premises with a lien to secure financing.
Tenant Financing. Tenant shall not mortgage or encumber the leasehold estate created by this Lease without Landlord's prior consultation, review and consent. Landlord may give or withhold such consent in Landlord's reasonable discretion. Tenant acknowledges that fixtures and equipment incorporated in or affixed to the Premises, to the extent paid for by the Allowance, constitute real property improvements to be surrendered upon termination of the Lease.
Tenant Financing. Tenant shall have the absolute right from time to time during the Term hereof and without Landlord’s further approval, written or otherwise, to grant and assign a mortgage or other security interest in Tenant’s Property to Tenant’s lenders in connection with Tenant’s financing arrangements. Landlord agrees to execute such confirmation, certificates and other documents (except amendments to this Lease unless Landlord hereafter consents) as Tenant’s lenders may reasonably request in connection with any such financing.
Tenant Financing. Tenant shall have the right from time to time during the Lease Term to secure any financing or other obligations of Tenant with all or any part of Tenant's interest in the Tenant Improvements and in Tenant's equipment, fixtures and components, provided that such security interest shall not be created by any mortgage or other real estate lien on the Premises, but only by a security interest in personalty secured with a security agreement and perfected through the filing of financing statements. Landlord shall, within ten (10) days following written request, execute and deliver such lien releases, waivers, estoppels, or other instruments as may be required by any lender or other obligor of Tenant to (a) confirm Tenant's rights under this Lease and with respect to the Tenant Improvements and Tenant's equipment, fixtures and components, (b) confirm Landlord's approval of such financing and the subordination of any rights of Landlord with respect to the Tenant Improvements and/or Tenant's equipment, fixtures and components to the rights of such lender or obligor, and (c) grant to any lender or obligor, or their successors or assigns, rights to enter the Premises as may be necessary to exercise their rights with respect to the Tenant Improvements and/or Tenant's equipment, fixtures and components.
Tenant Financing. (1) Tenant shall have the right to mortgage or otherwise encumber its interests under this Lease and Sublease. Tenant shall notify Landlord of the existence, identity, and address of any Leasehold Mortgagee, and shall provide Landlord with a copy of all recorded instruments constituting the Leasehold Mortgage; Landlord acknowledges that Tenant has or may enter into a Leasehold Mortgage with U.S. Bank National Association. So long as any such Leasehold Mortgage shall remain unsatisfied of record, the following provisions shall apply:
Tenant Financing. The Landlord acknowledges and agrees that if the Tenant obtains bank or other institutional financing (such lender being called the "Bank"), and if requested by the Bank, the Landlord will waive its right to distrain against the personal property of the Tenant in favour of the rights which the Bank may, at any time, have with respect to the personal property of the Tenant. The Landlord shall also agree with the Bank that in no event will the Landlord exercise any right to or claim any interest in the personal property of the Tenant in priority to the security interests of the Bank, whether pursuant to the Landlord's right of distress or under any security agreement that the Landlord may hold, or otherwise.
Tenant Financing. Subject to the terms and conditions set forth in Section 26(c) of the Lease, Tenant may grant to its Lender (as defined in the Lease) a security interest in, among other things, (a) its interest under the Lease pursuant to a collateral assignment of the Lease or leasehold deed of trust provided that it shall not encumber or be deemed to encumber Landlord's fee simple and remainder interest in Property or Landlord's rights as landlord under the Lease ("COLLATERAL ASSIGNMENT"), and (b) a security interest in, among other things, some or all of the furniture, trade fixtures, equipment, machinery, inventory, products, materials and any and all other property now owned or after acquired by Tenant that is not a structural element of the Building or a part of any Building system and is located on or used in connection with the Leased Premises, regardless of the method or manner in which such property may be affixed to the Building (collectively, the "TENANT'S PROPERTY") and in no event shall Tenant's Property become or be deemed to be fixtures and improvements of the Leased Premises regardless of the method or manner in which such property may be affixed thereto, provided that such security interest in Tenant's Property shall in no event encumber or be deemed to encumber the Building, or any structural element or part of any Building system or other real property improvement now or hereafter located on the Property, or Landlord's fee simple and remainder interest in Property or Landlord's rights under the Lease. Upon a Tenant Default, as defined in Section 26(c) of the Lease, Lender or the holder of any Collateral Assignment shall be entitled to notice, right to cure, the right to enter into a new lease with Landlord, and other provisions for the benefit of Lender or such holder, all as specifically set forth in, and subject to the covenants, terms and conditions of, Section 26(c) of the Lease.
