Common use of Assignment of Rents and Leases Clause in Contracts

Assignment of Rents and Leases. (a) Borrower hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington and Huntington's successors and assigns all present and future leases covering all or any part of the Mortgaged Property (the "Leases"), together with any extensions or renewals thereof and any guaranties of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower may have against any tenant under any of the Leases or others in possession of the Mortgaged Property or any part thereof for the collection or recovery of Rents so assigned. Prior to an Event of Default, as hereinafter defined, Borrower shall have a license to collect and receive all Rents as trustee for the benefit of Huntington and Borrower.

Appears in 6 contracts

Samples: And Security Agreement (Glimcher Realty Trust), And Security Agreement (Glimcher Realty Trust), Glimcher Realty Trust

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Assignment of Rents and Leases. (a) Borrower hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington Lender and HuntingtonLender's successors and assigns assigns, all present and future leases covering all or any part of the Mortgaged Property (the "Leases"), together with any extensions or renewals thereof and any guaranties guarantees of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower may have against any tenant under any of the Leases or others in possession of the Mortgaged Property or any part thereof for the collection or recovery of Rents so assigned. Borrower is hereby expressly permitted to enter into Leases of the Mortgaged Property subject to the terms and conditions contained herein. Prior to an Event of Default, as hereinafter defined, Borrower shall have a license to collect and receive all Rents as trustee for the benefit of Huntington Lender and Borrower.

Appears in 4 contracts

Samples: Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust), Glimcher Realty Trust

Assignment of Rents and Leases. (a) Borrower Mortgagor hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington Mortgagee and HuntingtonMortgagee's successors and assigns assigns, all present and future leases covering all or any part of the Mortgaged Property (the "Leases"), together with any extensions or renewals thereof and any guaranties guarantees of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower Mortgagor under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower Mortgagor may have against any tenant under any of the Leases or others in possession of the Mortgaged Property or any part thereof for the collection or recovery of Rents so assigned. Mortgagor is hereby expressly permitted to enter into Leases of the Mortgaged Property subject to the terms and conditions contained herein. Prior to an Event of Default, Default (as hereinafter defined, Borrower ) Mortgagor shall have a license to collect and receive all Rents as trustee for the benefit of Huntington Mortgagee and BorrowerMortgagor.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents and Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust)

Assignment of Rents and Leases. (a) Borrower hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington the Agent for the benefit of the Lenders, and Huntington's their successors and assigns assigns, all present and future leases covering all or any part of the Mortgaged Property (the "Leases"), together with any extensions or renewals thereof and any guaranties guarantees of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower may have against any tenant under any of the Leases or others in possession of the Mortgaged Property or any part thereof for the collection or recovery of Rents so assigned. Prior to an Event of a Default, as hereinafter defined, Borrower shall have a license to collect and receive all Rents as trustee for the benefit of Huntington the Agent, on behalf of the Lenders, and Borrower.

Appears in 1 contract

Samples: Credit Agreement (MPW Industrial Services Group Inc)

Assignment of Rents and Leases. (a) Borrower Grantor hereby presently, irrevocably, absolutely and unconditionally assignsgrants, transfers transfers, assigns and sets over unto Huntington Grantee all of its right, title and Huntington's successors interest in and assigns to all present and future leases covering all leases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or any part written, of the Mortgaged Property (Land and of space in the "Leases"), Improvements together with any extensions all modifications, supplements, extensions, renewals and replacements thereof now existing or renewals thereof and any guaranties of any tenants' obligations thereunderhereafter made, and also together with the rights to xxx for, collect and receive all of the rents, prepaid rents, additional rents, royalties, bonusessecurity deposits, damages payable upon default by tenant, or other sums in any of said leases provided to be paid to the lessor thereunder, profits, income, receiptslicense fees, revenuesconcession fees, lease termination fees and issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the LeasesSecurity (collectively, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), to be applied by Grantee in payment of the Indebtedness, and also together with any and all guaranties of the obligations of the tenants thereunder and the rights of Grantor to receive, hold and remedies which Borrower apply all bonds and security in all of said leases provided to be furnished to the lessor thereunder, and also together with the rights of Grantor to enforce any and all of the agreements, terms, covenants and conditions in all of said leases provided and to give notices thereunder. Grantee may have against receive and collect the Rents upon the occurrence of an Event of Default for so long as any tenant such Event of Default shall exist, and during the pendency of any foreclosure proceeding and during any redemption period. Grantor agrees to consent to a receiver if this is believed necessary or desirable by Grantee to enforce its rights under this Section. Grantee hereby grants to Grantor a revocable license to collect the Rents as they respectively come due and to enforce said leases, so long as there exists no Event of Default under this Deed. Grantor shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the lessor thereunder, or the rights to enforce any of the agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Grantee is first obtained. Nothing in this Deed shall be construed to obligate Grantee, expressly or by implication, to perform any of the covenants of Grantor as lessor under any of the Leases leases hereinabove assigned or others in possession to pay any sum of money or damages therein provided to be paid by the lessor. If Grantee shall from time to time suffer or permit Grantor to xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under said leases, or to enforce any of the Mortgaged Property agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Grantee of the rights hereunder and hereby assigned to Grantee with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any part thereof for the collection subsequent enforcement of such agreements, terms, covenants or recovery of Rents so assigned. Prior to an Event of Default, as hereinafter defined, Borrower shall have a license to collect and receive all Rents as trustee for the benefit of Huntington and Borrowerconditions or any subsequent notices.

Appears in 1 contract

Samples: Debt and Security Agreement (Century Properties Fund Xix)

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Assignment of Rents and Leases. (a) Borrower hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington Lender and HuntingtonLender's successors and assigns all present and future leases covering all or any part of the Mortgaged Property (the "Leases"), together with any extensions or renewals thereof and any guaranties of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower may have against any tenant under any of the Leases or others in possession of the Mortgaged Property or any part thereof for the collection or recovery of Rents so assigned. Prior to an Event of Default, as hereinafter defined, Borrower shall have a license to collect and receive all Rents as trustee for the benefit of Huntington Lender and Borrower.

Appears in 1 contract

Samples: And Security Agreement (Glimcher Realty Trust)

Assignment of Rents and Leases. (a) Borrower Trustor hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington Beneficiary and HuntingtonBeneficiary's successors and assigns all present and future leases covering all or any part of the Mortgaged Trust Property (the "Leases"), together with any extensions or renewals thereof and any guaranties of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower Trustor under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Trust Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower Trustor may have against any tenant under any of the Leases or others in possession of the Mortgaged Trust Property or any part thereof for the collection or recovery of Rents so assigned. Prior to an Event of Default, as hereinafter defined, Borrower Trustor shall have a license to collect and receive all Rents as trustee for the benefit of Huntington Beneficiary and BorrowerTrustor.

Appears in 1 contract

Samples: And Security Agreement (Glimcher Realty Trust)

Assignment of Rents and Leases. (a) Borrower Trustor hereby absolutely and unconditionally assigns, transfers and sets over unto Huntington and Huntington's successors and assigns all present and future leases covering all or any part of the Mortgaged Trust Property (the "Leases"), together with any extensions or renewals thereof and any guaranties of any tenants' obligations thereunder, and all of the rents, royalties, bonuses, income, receipts, revenues, issues and profits now due or which may hereafter become due under the Leases or any extensions or renewals thereof, as well as all moneys due and to become due to Borrower Trustor under the Leases for services, materials or installations supplied whether or not the same were supplied under the terms of the Leases, all liquidated damages following default under the Leases and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by damage to any part of the Mortgaged Trust Property (such rents, income, receipts, revenues, issues, profits and other moneys assigned hereby are hereinafter collectively called "Rents"), together with any and all rights and remedies which Borrower Trustor may have against any tenant under any of the Leases or others in possession of the Mortgaged Trust Property or any part thereof for the collection or recovery of Rents so assigned. Prior to an Event of Default, as hereinafter defined, Borrower Trustor shall have a license to collect and receive all Rents as trustee for the benefit of Huntington and BorrowerTrustor.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

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