Common use of Additional Cure Period Clause in Contracts

Additional Cure Period. Anything contained in this Lease notwithstanding, if any default shall occur which, pursuant to any provision of this Lease, purportedly entitles Landlord to terminate this Lease, Landlord shall not be entitled to terminate this Lease as to any Permitted Leasehold Mortgagee, nor to disturb the right of possession of any subtenant of Lessee, and the notice shall be rendered void as to such parties, if the Permitted Leasehold Mortgagee, within sixty (60) days after expiration of the period within which Lessee was permitted to cure the default (but in no event later than ninety (90) days after receipt by the Leasehold Mortgagee of the notice of default referred to in paragraph 2.23.5(b), above), shall both: (i) either (1) cure the default if the same can be cured by the expenditure of money, or (2) if the default or breach is not so curable, commence, or cause any trustee under the relevant Permitted Leasehold Mortgage to commence, and thereafter to diligently pursue to completion, a cure of such default, including, without limitation, a foreclosure of the relevant Permitted Leasehold Mortgage; and (ii) perform or cause the performance of all of the covenants and conditions of this Lease requiring the expenditure of money by Lessee until such time as the leasehold shall be sold upon foreclosure pursuant to the relevant Permitted Leasehold Mortgage, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure or by deed or assignment in lieu of foreclosure.

Appears in 1 contract

Sources: Ground Lease

Additional Cure Period. Anything contained in this Lease notwithstanding, if any default shall occur which, pursuant to any provision of this Lease, purportedly entitles Landlord to terminate this Lease, Landlord shall not be entitled to terminate this Lease as to any Permitted Leasehold MortgageeLender, nor to disturb the right of possession of any subtenant of LesseeTenant, and the notice shall be rendered void as to such parties, if the Permitted Leasehold MortgageeLender, within sixty (60) days after expiration of the period within which Lessee Tenant was permitted to cure the default (but in no event later than or within ninety (90) days after receipt by the Leasehold Mortgagee of the notice of by the Lender if the default referred to in paragraph 2.23.5(b), aboveis not curable by Tenant), shall both: (i) either (1aa) cure the default if the same can be cured by the expenditure of money, or (2bb) if the default or breach is not so curable, commence, or cause any trustee under the relevant Permitted Leasehold Mortgage mortgage to commence, and thereafter to diligently pursue to completion, a cure of such default, including, without limitation, a foreclosure of completion steps and proceedings to foreclose on the relevant Permitted Leasehold Mortgageinterests covered by the mortgage; and (ii) perform or cause the performance of all of the covenants and conditions of this Lease requiring the expenditure of money by Lessee Tenant (including all unpaid monetary obligations of Tenant under this Lease) until such time as the leasehold shall be sold upon foreclosure pursuant to the relevant Permitted Leasehold Mortgagemortgage, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure or by deed or assignment in lieu of foreclosure.

Appears in 1 contract

Sources: Disposition and Development Agreement

Additional Cure Period. Anything contained in this Lease notwithstanding, if any default shall occur which, pursuant to any provision of this Lease, purportedly entitles Landlord to terminate this Lease, Landlord shall not be entitled to terminate this Lease as to any Permitted Leasehold Mortgagee, nor to disturb the right of possession of any subtenant of LesseeTenant, and the notice shall be rendered void as to such parties, if the Permitted Leasehold Mortgagee, within sixty (60) days after expiration of the period within which Lessee Tenant was permitted to cure the default (but in no event later than ninety (90) days after receipt by the Leasehold Mortgagee of the notice of default referred to in paragraph 2.23.5(b), above), shall both: (i1) either (1i) cure the default if the same can be cured by the expenditure of money, or (2ii) if the default or breach is not so curable, commence, or cause any trustee under the relevant Permitted Leasehold Mortgage mortgage to commence, and thereafter to diligently pursue to completion, a cure of such default, including, without limitation, a foreclosure of completion steps and proceedings to foreclose on the relevant Permitted Leasehold Mortgageinterests covered by the mortgage; and (ii2) perform or cause the performance of all of the covenants and conditions of this Lease requiring the expenditure of money by Lessee Tenant including making all Rent payments to Landlord pursuant to this lease, until such time as the leasehold Leasehold shall be sold upon foreclosure pursuant to the relevant Permitted Leasehold Mortgagemortgage, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure or by deed or assignment in lieu of foreclosure.

Appears in 1 contract

Sources: Disposition and Development Agreement