Common use of Assignment of Subleases Clause in Contracts

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlord, subject to the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, the Premises to permit and insure the collection by Landlord of the rentals and other sums payable under the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, that such assignment shall become operative and effective only if (a) an Event of a Default shall occur, or (b) this Lease and the Term shall be cancelled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, or (d) a receiver for the Premises is appointed pursuant to applicable Laws, and then only as to such of the subleases that Landlord may elect to take over and assume. At any time and from time to time within five (5) days after Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all Subtenants, with a photocopy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that the Subtenant thereunder shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord and Mortgagee, an estoppel certificate confirming with respect to such sublease the information set forth in Section 14.1 hereof. Concurrently with the execution of this Lease, Tenant is executing and delivering to Landlord an Assignment of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s).

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlord, subject to the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, ; the Premises to permit and insure the collection by Landlord of the rentals and other sums payable under the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite lawful force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, however that such assignment shall become operative and effective only if (a) an Event event of a Default default by Tenant shall occur, occur under this Lease and only for such period as the event of default shall continue in effect or (b) this Lease and the Term shall be cancelled canceled or terminated pursuant to the terms, covenants and conditions hereof, hereof or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, hereof or (d) a receiver for the Premises is appointed pursuant to applicable Lawsby reason of a Tenant default hereunder, and then only as to such of the subleases Subleases that Landlord may elect to take over and assume. At such time as Landlord determines that an assignment has become operative and effective as provided herein Landlord may, without further authorization from Tenant, direct Sublessees to pay all rent and other amounts due under the Subleases directly to Landlord. At any time and from time to time within five (5) days after upon Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all SubtenantsSublessees, with a photocopy photostat copy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that the Subtenant Sublessee thereunder shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord and MortgageeLandlord, an estoppel certificate confirming with respect to such sublease Sublease the information set forth in Section 14.1 19.4 hereof. Concurrently with Until any assignment becomes operative or effective under this Section, Tenant may further assign, transfer and set over unto any Leasehold Mortgagee all of Tenant’s right, title and interest in and to all Subleases, subject, however, to the execution terms of this Lease, Tenant is executing and delivering to Landlord an Assignment of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s).

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlord, subject to the conditions hereinafter set forth, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, of the Premises to permit and insure the collection by Landlord of the rentals and other sums payable under the Subleases, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite lawful force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, however that such assignment shall become operative and effective only if (a) an Event event of a Default default by Tenant shall occur, occur under this Lease and only for such period as the event of default shall continue in effect or (b) this Lease and the Term shall be cancelled canceled or terminated pursuant to the terms, covenants and conditions hereof, hereof or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, hereof or (d) a receiver for the Premises is appointed pursuant to applicable Lawsby reason of a Tenant default hereunder, and then only as to such of the subleases Subleases that Landlord may elect to take over and assume. At such time as Landlord determines that an assignment has become operative and effective as provided herein Landlord may, without further authorization from Tenant, direct Sublessees to pay all rent and other amounts due under the Subleases directly to Landlord. At any time and from time to time within five (5) days after upon Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all SubtenantsSublessees, with a photocopy photostat copy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that the Subtenant Sublessee thereunder shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord and MortgageeLandlord, an estoppel certificate confirming with respect to such sublease Sublease the information set forth in Section 14.1 19.4 hereof. Concurrently with Until any assignment becomes operative or effective under this Section, Tenant may further assign, transfer and set over unto any Leasehold Mortgagee all of Tenant’s right, title and interest in and to all Subleases, subject, however, to the execution terms of this Lease, Tenant is executing and delivering to Landlord an Assignment of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s).

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent Rental and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlord, subject to the conditions hereinafter set forthrights of any Mortgagee (provided that the Mortgagee thereunder is an Institutional Lender) under any assignment of Subleases and/or rents made in connection with a Mortgage in favor of such Mortgagee, all of Tenant’s right, title and interest in and to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, the Premises to permit and insure the collection by Landlord of the rentals and other sums payable under the Subleases, and further agrees that the . The exercise of said the right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, that such assignment shall become operative and effective only if (a) and as long as an Event of a Default shall occuroccur and remain uncured, or (b) this Lease and the Term shall be cancelled canceled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, hereof or (d) a receiver for the Premises is appointed pursuant to applicable Lawslaw, and then only as to such of the subleases Subleases that Landlord may elect has agreed to take over and assume. At any time and from time to time within five (5) days after Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all Subtenants, with a photocopy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that the Subtenant thereunder shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord and Mortgagee, an estoppel certificate confirming with respect to such sublease the information set forth in Section 14.1 hereof. Concurrently with the execution of this Lease, Tenant is executing and delivering to Landlord an Assignment of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s).

Assignment of Subleases. To secure Tenant hereby assigns to Landlord, effective upon the prompt occurrence of any Event of Default hereunder, and full payment so long as such Default remains uncured, as collateral security for the performance of all obligations of Tenant under this Lease, any Sublease created by Tenant and each and every amendment, modification or extension thereof. In no event shall such assignment impose upon Landlord any duty or obligation to perform any of the Rent and the faithful performance by obligations of Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlordas landlord under any such Sublease, subject to Section 17.2. After default by Tenant, Landlord may collect the conditions hereinafter set forth, rents and other payments from any and all of Tenant’s right, title Subtenants and interest in and apply the net amount collected to all Subleases and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, and sufficient possession of, the Premises to permit and insure the collection by Landlord of the rentals rent and other sums payable under the Subleaseshereunder, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, Landlord, in the exercise of said right, may use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person whomsoever; provided, however, that such assignment shall become operative and effective only if (a) an Event of a Default shall occur, or (b) this Lease and the Term shall be cancelled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs repossession under a dispossess warrant or other re-entry or repossession by Landlord under enforce the provisions hereof, or (d) a receiver for the Premises is appointed pursuant to applicable Laws, and then only as to of any such of the subleases that Landlord may elect to take over and assume. At any time and from time to time within five (5) days after Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all Subtenants, with a photocopy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that directly against the Subtenant thereunder shall be required from time to time, upon request in the name of Landlord or Tenantof Tenant but for Landlord's sole benefit. No such collection or enforcement by Landlord will be deemed to be a waiver of any agreement, term, covenant or condition of this Lease by Landlord or the acceptance by Landlord of any Subtenant. The assignment in this Section shall be subordinate to any assignment of rents to a Permitted Mortgagee. Although the provisions of the immediately preceding sentence are intended to be self-operative, Landlord shall execute, acknowledge have acknowledged and deliver, to and for the benefit shall deliver such instruments of Landlord and Mortgagee, an estoppel certificate confirming with respect to subordination respecting said assignment of rents as any Permitted Mortgagee may reasonably require. Once such sublease the information set forth in Section 14.1 hereof. Concurrently with the execution of this Leasedefault has been cured, Tenant is executing thereafter shall have the right to collect future rents and delivering to Landlord an Assignment other payments from any and all Subtenants and otherwise enforce the provisions of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s)Sublease.

Assignment of Subleases. To secure the prompt and full payment by Tenant of the Rent Rental in this Lease reserved and the faithful performance by Tenant of all the other terms and conditions herein contained on its part to be kept and performed, Tenant hereby assigns, transfers and sets over unto Landlord, Landlord subject to the conditions hereinafter set forth, all of Tenant’s 's right, title and interest in and to all Subleases subleases now or hereafter made and in and to all concession agreements now or hereafter made affecting any part of the Premises, and hereby confers upon Landlord, its agents and representatives, a right of entry (subject to prior notice) in, in and sufficient possession of, of the Premises to permit and insure the collection by Landlord of the said rentals and other sums payable under the Subleasesmoneys, and further agrees that the exercise of said right of entry and qualified possession by Landlord shall not constitute an eviction of Tenant from the Premises or any portion thereof and that should said right of entry and possession be denied Landlord, its agent or representative, LandlordLandlord may, in the exercise of said right, may use all requisite force to gain and enjoy the same without responsibility or liability to Tenant, its servants, employees, guests or invitees, or any Person person whomsoever, Tenant hereby agreeing in said contingency to hold Landlord safe and harmless from any claim of any character by any person arising out of or in connection with the entry by Landlord and taking possession of the Premises; provided, however, that such assignment shall become operative and effective only if (a) an Event of a Default shall occur, or (b) in the event that this Lease and the Term term hereof shall be cancelled or terminated pursuant to the terms, covenants and conditions hereof, or (c) there occurs in the event of repossession under a dispossess warrant or other re-entry or repossession by Landlord under the provisions hereof, or (d) in the event of a receiver for the Premises is appointed pursuant to applicable LawsDefault by Tenant hereunder, and then only as to such of the subleases and concession agreements that Landlord may elect to take over and assume. At any time and from time to time within five (5) days after Landlord’s written demand, Tenant promptly shall deliver to Landlord a schedule of all Subleases, setting forth the names of all Subtenants, with a photocopy of each of the Subleases. Upon reasonable request of Landlord, Tenant shall permit Landlord and its agents and representatives to inspect all Subleases affecting the Premises. Tenant covenants that each Sublease shall provide that the Subtenant thereunder shall be required from time to time, upon request of Landlord or Tenant, to execute, acknowledge and deliver, to and for the benefit of Landlord and Mortgagee, an estoppel certificate confirming with respect to such sublease the information set forth in Section 14.1 hereof. Concurrently with the execution of this Lease, Tenant is executing and delivering to Landlord an Assignment of Sublease(s) in the forms set forth in Exhibit “9.5,” which Landlord shall place in the public records to document the assignment of Sublease(s)over.