As of the Effective Date, as a condition precedent to making the Loan, the projected annualized cash flow of the Property (taking into account pro forma market rents from the Honolulu Club Lease) shall have a Gross Coverage Factor of not less than ten percent (10%).
Operating Lease means, as applied to any Person, any lease (including, without limitation, leases which may be terminated by the lessee at any time) of any Property (whether real, personal or mixed) which is not a Capital Lease other than any such lease in which that Person is the lessor.
Sub-Lease means the sub-lease entered into following the approval of an Approved Sub-lease;
Urban renewal project means undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part of them in accordance with an urban renewal plan. These undertakings and activities may include:
Shopping Centre means a grouping of commercial retail outlets which have been designed, developed and managed as a unit by a single owner or group of owners or tenants located on the same lot or lots with a frontage not less than 45 metres and having common on-site parking;
Ground Lease means a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:
Wet Lease means any arrangement whereby Owner or a Permitted Lessee agrees to furnish the Aircraft, Airframe or any Engine to a third party pursuant to which the Aircraft, Airframe or Engine shall at all times be in the operational control of Owner or a Permitted Lessee, provided that Owner’s obligations under the Trust Indenture shall continue in full force and effect notwithstanding any such arrangement.
Co-op Lease With respect to a Co-op Loan, the lease with respect to a dwelling unit occupied by the Mortgagor and relating to the stock allocated to the related dwelling unit.
Urban renewal plan means a plan, as it exists from time to time, for an urban renewal project, which plan shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum density and building requirements.
industrial premises means any place or premises (not being a private dwelling house), including the precincts thereof, in which or in any part of which any industry, trade, business, occupation or manufacturing is being ordinarily carried on with or without the aid of power and includes a godown attached thereto;
Space Lease The space or occupancy lease pursuant to which any Borrower holds a leasehold interest in the related Mortgaged Property, together with any estoppels or other agreements executed and delivered by the lessor in favor of the lender under the related Mortgage Loan(s).
Parcel 2 COMMON AREA APPURTENANT TO EACH COMMERCIAL UNIT APPURTENANT TO EACH COMMERCIAL UNIT, AN UNDIVIDED 1/185th FEE SIMPLE INTEREST IN AND TO THE PHASE ONE PROPERTY LESS AND EXCEPT THE UNITS SHOWN ON THE PHASE ONE PLAN, ALSO DESCRIBED AS THE PORTION OF THE “COMMON AREA” (AS THAT TERM IS DEFINED IN THE DECLARATION) LOCATED WITHIN THE PHASE ONE PROPERTY; TOGETHER WITH PARCEL 3: EXCLUSIVE USE COMMON AREAS AN EXCLUSIVE RIGHT FOR USE, POSSESSION AND ENJOYMENT APPURTENANT TO COMMERCIAL UNIT C4, FOR USE FOR BALCONY OR PATIO PURPOSES OVER PORTIONS OF THE COMMON AREA, DEPICTED AND ASSIGNED ON THE PHASE ONE PLAN AS “B-C4”. TOGETHER WITH PARCEL 4: NONEXCLUSIVE EASEMENTS NONEXCLUSIVE EASEMENTS ON, OVER, ACROSS AND THROUGH THE COMMON AREA FOR ACCESS, INGRESS, EGRESS, ENJOYMENT, DRAINAGE, ENCROACHMENT, SUPPORT, MAINTENANCE, INSPECTION, REPAIR AND FOR OTHER PURPOSES, AS MAY BE SHOWN ON THE PHASE ONE PLAN, AND AS DESCRIBED IN THE DECLARATION PARCEL E (COMPRISING XXXXXX 0, XXXXXX 0, XXXXXX 3, AND PARCEL 4 BELOW) PARCEL 1 COMMERCIAL UNIT C5, AS SHOWN AND DESCRIBED IN (A) THE CONDOMINIUM PLAN RECORDED ON SEPTEMBER 20, 2001 IN BOOK 2 OF CONDOMINIUM PLANS AT PAGE 36, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA (THE “OFFICIAL RECORDS), AS AMENDED BY CORRECTION TO RECORDING REFERENCES RECORDED ON NOVEMBER 20, 2001 AS DOCUMENT NO. 2001008410 IN THE OFFICIAL RECORDS AND AMENDMENT TO CONDOMINIUM PLAN RECORDED IN BOOK 2 PAGES 39 THROUGH 39M OF CONDOMINIUM PLANS IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “PHASE ONE PLAN”) AND (B) THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGE AT MAMMOTH PHASE I (WHITE MOUNTAIN LODGE AND LINCOLN HOUSE) RECORDED AS DOCUMENT NO. 2001006657, IN THE OFFICIAL RECORDS AS AMENDED BY FIRST AMENDMENT RECORDED AS DOCUMENT NO. 2001008411 IN THE OFFICIAL RECORDS AND SECOND AMENDMENT RECORDED AS DOCUMENT NO. 2003001363 IN THE OFFICIAL RECORDS (COLLECTIVELY, THE “DECLARATION”) SAID UNIT BEING SITUATED WITHIN THAT PORTION OF THE CONDOMINIUM AIR SPACE ENVELOPE DESCRIBED BY THE PHASE ONE PLAN (THE “PHASE ONE PROPERTY”) AND LOCATED ON A PORTION OF LOT 1 OF TRACT 36-193a, PER MAP RECORDED IN BOOK 10, OF TRACT MAPS, AT PAGE 60, IN THE OFFICIAL RECORDS OF MONO COUNTY, CALIFORNIA; TOGETHER WITH
Mining Lease means the mining lease granted pursuant to Clause 12 and includes any renewal thereof and according to the requirements of the context shall describe the area of land demised as well as the instrument by which it is demised;
Ground Lessor means the lessor under the Ground Lease.
Tenant Lease means any lease entered into by the Borrower, any Loan Party or any Subsidiary with respect to any portion of a Property.
Ground Lessee means the Owner Lessor as lessee of the Ground Interest under the Facility Site Lease.
Lease Agreement means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.