Tenant Leases Sample Clauses

Tenant Leases. Seller has attached hereto as Schedule 4.5 true, correct and complete descriptions of the Tenant Leases and has delivered to Purchaser true, correct and complete copies of the Tenant Leases described on the attached Schedule 4.5. Seller is the original lessor (or has validly succeeded to the rights of the original lessor) under each Tenant Lease. Seller will assign its interests in each Tenant Lease to Purchaser at Closing free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. Except for the rights of each Tenant, as tenant only, pursuant to each Tenant Lease, no Person other than Purchaser will on the Closing Date be in, or have any right or claim to, possession of any of the Assets, except the Permitted Exceptions. Other than the Tenant Leases, there are no leases, subleases, licenses or other occupancy agreements (written or oral) which grant any possessory interest in or to any Tower or Tower Site, or which grant any other rights with respect to the use of any of the Assets, except the Permitted Exceptions. Furthermore, Seller represents and warrants that: (a) each Tenant Lease is in full force and effect and has not been modified, terminated or non-renewed; (b) each Tenant has accepted and remains in possession of its premises under its Tenant Lease (except as set forth on Schedule 4.5(b)); (c) Seller is collecting the rent and other charges set forth in each Tenant Lease on a current basis and there are no past due amounts thereunder (except as set forth on Schedule 4.5(c)); (d) no Tenant under any Tenant Lease is entitled to any rental concessions or abatements in rent for any period subsequent to the Closing Date (except as set forth on Schedule 4.5(d)); (e) Seller has not given notice to a Tenant claiming that a Tenant is in default under each Tenant Lease, and, to Seller’s Knowledge, there is no event which, with the giving of notice or the passage of time or both, would constitute such a default; (f) Seller has not received notice from a Tenant claiming that Seller is in default under the applicable Tenant Lease, which default or defect remains in any manner uncured; (g) Seller has not received notice from a Tenant asserting any Claims, offsets or defenses of any nature whatsoever to the performance of its obligations under any Tenant Lease and, to Seller’s Knowledge, there is no event which, with the giving of notice or the passage of time or both, would constitute the basis of such Claim, offset or defense; (h) ...

Tenant Leases. With respect to the Property, a true, correct and complete copy of all leases, licenses, tenancies, possession agreements and occupancy agreements with the tenants of the Property, including all amendments, supplements, and modifications to such agreements (the “Company Leases”) have been made available to MAMP. The rent roll for the Property, as of April 30, 2019, included on Schedule 3.12(a) is true and correct in all material respects. Each Company Lease that equals or exceeds 25,000 rentable square feet is set forth on Schedule 3.12(b) (each, a “Major Lease”). Each Major Lease is in full force and effect and no breach or default by the Company or, to Company’s Knowledge, by the tenant thereunder, has occurred and is continuing under any Major Lease. No event has occurred which, with the notice or lapse of time (or both) would reasonably be expected to constitute an event of default under any Major Lease by the Company or any Company Subsidiary or, to the Company’s Knowledge, by the tenant thereunder. Except as set forth on Schedule 3.12(b) attached hereto, (1) no fixed or so-called base rent payments, reimbursements or payments in respect of operating expenses, real estate taxes, and other charges (collectively, “Rents”) or other payment due from the tenant under any Major Lease is delinquent for greater than thirty (30) days past its due date or has been paid more than thirty (30) days in advance of its due date, (2) there is no remaining obligation on the part of any landlord under any Major Lease to construct, install or pay or reimburse the cost of any tenant improvements, fixtures, furnishings or equipment or otherwise to make any payments to the tenant that, in each case, is not documented in the Major Lease, (3) to the Company’s Knowledge, except for tenants in possession under the Company Leases and permitted and disclosed subleases, there are no parties in possession or claiming any right to possession, of any portion of the Property as lessees, tenants at sufferance, trespassers or otherwise, (4) none of the tenants under any Major Lease has provided written notice to the Company or any Company Subsidiary that such tenant is subject to any bankruptcy, reorganization, insolvency or similar proceedings, and (5) to the Company’s Knowledge, no Rents have been paid or collected more than one (1) month in advance from any tenant under any Major Lease.

Tenant Leases. As of the Effective Date, the Property Owner is the lessor or landlord or the successor lessor or landlord under the Tenant Leases, and as of the Closing Date, the Company will be the lessor or landlord or the successor lessor or landlord under the Tenant Leases. The Lease Schedule/Rent Roll is true, accurate and correct in all material respects with respect to (i) the description of the Tenant Leases; (ii) to Property Owner's knowledge, the identities of the Tenants under the Tenant Leases; (iii) the space occupied by the Tenants; (iv) the expiration dates of the Tenant Leases; (v) the monthly base rental payable thereunder; (vi) unpaid Leasing Costs; (vii) commissions; (viii) the Tenant Security Deposits, and (ix) the Lease/amendments dates. Except as set forth on the Lease Schedule/Rent Roll, the Tenant Leases are in full force and effect and have not been modified. There are no written or oral promises, understandings or commitments between Property Owner and any Tenant other than those contained in the Tenant Leases. To Property Owner's knowledge, none of the Tenants have asserted any defense, set-off or counterclaim or raised any dispute with regard to its tenancy or its Tenant Lease. Except as set forth in the Lease Schedule/Rent Roll, there are no other leases or occupancy agreements to which Property Owner or the Company is a party affecting the Property, no rents under any of the Tenant Leases have been prepaid for more than one month, and there are no arrears in the payment of rents for than one month. Other than Leasing Costs pursuant to the Pending Transactions and other than the Tenant Leases or expansions or renewals between the Effective Date and Closing which have been approved by CBL/OP, there are no Leasing Costs for which CBL/OP or the Company shall become liable or that shall constitute a lien on the Property after Closing. Property Owner has delivered to CBL/OP a true, correct and complete copy of all Tenant Leases (including all amendments thereto).

Tenant Leases. Any rents and other amounts prepaid, accrued or due and payable under the Tenant Leases shall be prorated as of the Cut-Off Time between the Buyer and the Seller. The Buyer shall receive a credit for all cash security deposits held by the Seller under the Tenant Leases and the Buyer thereafter shall be obligated to refund or apply such deposits in accordance with the terms of such Tenant Leases.

Tenant Leases. Each of the leases pertaining to the Properties has been duly authorized by the Company, the Operating Partnership or one of the subsidiaries, as applicable, has been entered into in the ordinary course of business of such entity, is in full force and effect and is a valid, subsisting and enforceable agreement of the Company, the Operating Partnership or such subsidiary, as applicable, and, to the Company’s knowledge, each other party thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or other similar laws affecting creditors’ rights generally or general equitable principles. To the knowledge of the Company, no tenant of any portion of any of the Properties is in default under any of the leases governing such Properties and there is no event which, but for the passage of time or the giving of notice or both would constitute a default under any of such leases, except as described in the Registration Statement or such defaults that would not reasonably be expected to have a Material Adverse Effect.

Tenant Leases. Any rents and other amounts prepaid, accrued or due and payable under the Tenant Leases shall be prorated as of the Cut-Off Time between Seller and Purchaser. Purchaser shall receive a credit for all assignable security deposits held by Seller under the Tenant Leases which are not transferred to Purchaser, and Purchaser thereafter shall be obligated to refund or apply such deposits in accordance with the terms of the Tenant Leases. Purchaser shall not receive a credit for any non-assignable security deposits held by Seller which Seller shall return to the tenant under the Tenant Lease, and Purchaser shall obtain any replacement security deposit from the tenant. Delinquent rents and other such amounts, if any, shall not be prorated and all rights thereto shall be retained by Seller, who reserves the right to collect and retain such delinquent rents and other such amounts, and Purchaser agrees to cooperate with Seller in Seller’s efforts to collect such sums; provided, however, that Seller shall not be entitled to commence any disposition or eviction proceeding against the delinquent tenant. If, at any time after the Closing, Purchaser shall receive any such delinquent rents, Purchaser shall promptly remit such amounts to Seller, provided that any monies received by Purchaser from a delinquent tenant shall be applied first to current rents then due and payable and then to delinquent rents in the inverse order in which they became due and payable. The previous sentence shall survive the Closing.

Tenant Leases. (i) HHTI or an HHTI Subsidiary is the sole owner of the lessor's interest in all of the HHTI Leases and all such Leases are in full force and effect without current material default by either HHTI or the respective tenants, and no tenant has made any material claim against HHTI or any HHTI Subsidiary for damages related to any HHTI Lease other than any such default, claim or claims that are not reasonably likely, individually or in the aggregate, to have a Material Adverse Effect; (ii) none of the HHTI Leases that are material to HHTI has been modified in a material way, except as reflected in amendments to which STH has had access; (iii) all obligations of the lessor under the HHTI Leases with respect to the performance of work or the installation of equipment or materials required to have been performed at or prior to the Effective Time have been fully observed and performed, except for such failures that, individually or in the aggregate, will not have a Material Adverse Effect; (iv) as of the date hereof, no tenant is or shall become entitled to any material concession, rebate, allowance, or free rent for any period subsequent to the Closing, without the prior written consent of STH, except as set forth in the HHTI Lease with respect to such tenant; (v) no tenant has any purchase option or other interest (other than its leasehold tenancy for a specified term) in any of the HHTI Land and/or the HHTI Improvements; (vi) no tenant has given HHTI or any HHTI Subsidiary notice of its intention to vacate its demised premises prior to the end of the term of its lease; and (vii) none of the HHTI Leases provides for the payment of rent or other amounts that are determined in whole or in part with reference to the income or profits derived by any person (excluding amounts received as rents from the HHTI Leases that are based solely on a percentage or percentages of receipts or sales where the percentage or percentages were fixed at the time the HHTI Leases were entered into, have not been renegotiated during the term of the HHTI Leases in a manner that had the effect of basing rent on income or profits, and conform with normal business practices).

Tenant Leases. All leases, subleases, licenses, concessions and similar agreements granting to any other Person the right to use or occupy any portion of the Real Property, other than the Bookings, together with all security deposits held by or on behalf of Seller or Operating Tenant thereunder, to the extent the same and such security deposits are transferable or the Parties obtain any consent necessary to effectuate such a transfer (the “Tenant Leases”);

Tenant Leases. At the Close of Escrow, pursuant to the Assignment and Assumption of Tenant Leases, Buyer shall assume all of the obligations of Seller under the Tenant Leases as of the Proration Time, including, without limitation, tenant improvement obligations of landlord thereunder and obligations with respect to Tenant Security Deposits (to the extent received by Buyer or credited to Buyer hereunder).

Tenant Leases. There are no leases, licenses or concessions for space which will affect the Real Property or any portion thereof following the Close of Escrow other than as set forth on the Schedule of Tenant Leases. Seller has delivered to Buyer a true, correct and complete copy of each lease and agreement listed on the Schedule of Lease. Seller has not received written notice of any sublease and/or assignment of any Tenant Lease except as set forth on SCHEDULE 6.