Single Lease. Tenant hereby acknowledges that the agreement between Landlord and Tenant to treat this Lease as single lease in all respects was and is of primary importance to Landlord, and Landlord would not have entered into this Lease without there being such an agreement and such treatment of this Lease. All rights and obligations under this Lease relating to the Leased Properties shall apply to each Leased Property and any default under this Lease pertaining to a single Leased Property or to all of the Leased Properties or any portion thereof shall be an Event of Default pertaining to all of the Properties and each of the Leased Properties. Without limiting the generality of the foregoing, the parties hereto acknowledge that, notwithstanding any references herein to any individual Leased Property and notwithstanding the possibility that certain individual Leased Properties may be deleted herefrom pursuant to the express provisions of this Lease under certain limited circumstances, the parties hereto expressly intend and agree that this Lease is not divisible and shall be treated as a single lease for all purposes whatsoever (including, without limitation, in the context of Tenant's attempted rejection, assumption and/or assignment of this Lease in any bankruptcy or other insolvency proceeding affecting any Tenant, in which case the parties hereto intend for such rejection to terminate this Lease with respect to all of the Leased Properties or such assumption to apply with respect to all of the Leased Properties, i.e., all but not less than all of the Leased Properties). This Lease does not constitute, and may not be enforced or treated as, a separate lease for any individual Leased Property.
Single Lease. It is the intent of Landlord and Tenant that, subject to Landlord’s rights under Section 26.15, this Lease constitute, and the parties have executed this Lease in reliance upon it constituting, a single, integrated and indivisible agreement between the parties hereto for the lease of all parcels constituting the Leased Property, and the parties hereto would not otherwise enter into this Lease absent such agreement. The consideration for the lease of any one parcel hereunder constituting Leased Property includes the lease of all other parcels constituting Leased Property (except for any such parcels which cease to be Leased Property in accordance with the terms hereof).
Single Lease. Although this Lease covers multiple Sites, Landlord and Tenant hereby expressly acknowledge and agree that this Lease is intended by both parties to be deemed a single integrated Lease covering all Sites and shall not be deemed as severable into separate leases covering each of the Sites.
Single Lease. For greater certainty the parties agree that, notwithstanding the respective Commencement Dates for the portions of the Demised Premises, this is a single lease in respect of the Demised Premises. Without limiting the generality of the foregoing, a default by the Lessee in payment of Basic Rent or a breach of any term with respect to a portion of the Demised Premises is a breach of this Lease in respect of all of the Demised Premises and the Lessor may exercise its rights and remedies against the Lessee with respect to all of the Demised Premises.
Single Lease. 56 EXHIBITS: Exhibit A Legal Description Exhibit B Memorandum of Lease Exhibit C Subordination Agreement Exhibit D Guaranty PROPERTY LEASE AGREEMENT THIS PROPERTY LEASE AGREEMENT (the "Lease") is made as of this ___ day of October 2004, by and between PSLT-ALS PROPERTIES I, LLC, a Delaware limited liability company, as landlord ("Landlord") and ALS PROPERTIES TENANT I, LLC, a Delaware limited liability company, as tenant ("Tenant"), and is joined into for certain limited purposes by ALTERRA HEALTHCARE CORPORATION, a Delaware limited liability company ("Manager"). In consideration of the mutual promises and agreements herein contained, the parties agree as follows:
Single Lease. Tenant and Landlord acknowledge and agree that this Lease constitutes a single, indivisible lease of all of the Premises, and together the Premises constitute a single economic unit. Landlord has agreed to all the provisions of this Lease, including Minimum Rent, Additional Rent and other amounts payable hereunder, based on the intent to lease all of the Premises as a single and inseparable transaction, and such provisions would have been materially different had the parties intended to enter into separate leases or a divisible lease. Tenant hereby knowingly waives and relinquishes all of its rights (a) under Section 365 (11 U.S.C. § 365) of the Federal Bankruptcy Code or any successor or replacement thereof or any analogous state or federal law, to assume, reject or assign, selectively or individually, the right to lease any of the Facilities covered by this Lease separately from the other Facilities covered by this Lease and (b) to assert that this Lease is anything other than a single, indivisible lease of all of the Premises or anything other than a single and inseparable transaction. Tenant further acknowledges and agrees that the existence of multiple landlords, and multiple tenants, under this Lease, and the existence of provisions within this Lease that allocate shares of the Minimum Rent among the Facilities included in the Premises, do not supersede or affect the parties’ clear, fundamental and material intention that this Lease is and constitutes a single, indivisible lease of all of the Premises and a single and inseparable transaction; provided, however, the terms of the foregoing Section 2.2 are subject to Landlord’s obligation to sell the Sale Facilities as provided herein and pursuant to Exhibit L, and each and every other provision of this Lease that permits or provides for the removal of a Facility and partial termination of this Lease with respect to any Facility.
Single Lease. The area available for sale will be auctioned as a single lease. One lease will be issued pursuant to this lease sale. XXXX has decided to auction the area as a single zone resulting in a single lease in order, among other things, to take advantage of the simplicity of this type of sale, the importance of which was highlighted by comments received in response to the Auction Format Information Request (76 FR 76174). Further discussion about this decision is provided in the Response to Comments and Explanation of Changes.
Single Lease. 73 29. REPORTING...............................................................................................74
Single Lease. Tenant hereby acknowledges that the agreement between Landlord and Tenant to treat this as single lease in all respects, was and is of primary importance to Landlord, and Landlord would not have entered into this Restated Lease without there being such an agreement and such treatment of this Restated Lease. All rights and obligations under this Restated Lease relating to the Premises shall apply to all Properties and any Default under this Restated Lease pertaining to a single or to multiple Properties shall be an Event of Default pertaining to the Premises. Without limiting the generality of the foregoing, the parties hereto acknowledge that this Restated Lease constitutes a single lease of the Premises and is not divisible notwithstanding any references herein to any individual Property and notwithstanding
Single Lease. Tenant and Landlord acknowledge and agree that this Lease constitutes a single, indivisible lease of all of the Facilities, and together the Facilities constitute a single economic unit. Landlord has agreed to all the provisions of this Lease, including Base Rent and other amounts payable based on the intent to lease all of the Facilities as a single and inseparable transaction, and such provisions would have been materially different had the parties intended to enter into separate leases or a divisible lease. Tenant hereby knowingly waives and relinquishes all of its rights under Section 365 (11 U.S.C. §365) of the Federal Bankruptcy Code or any successor or replacement thereof or any analogous state or federal law, to assume, reject, or assign, selectively or individually, the right to lease any of the Facilities covered by this Lease separately from the other Facilities covered by this Lease. 1845797.11-NYCSR07A - MSW
