Delivery of Possession After Foreclosure. In the event there is a ----------------------------------------- foreclosure sale hereunder and at the time of such sale, the Mortgagor or the Mortgagor's heirs, devisees, representatives, successors or assigns are occupying or using the Premises, or any part thereof, each and all immediately shall become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser; and to the extent permitted by applicable law, the purchaser at such sale, notwithstanding any language herein apparently to the contrary, shall have the sole option to demand possession immediately following the sale or to permit the occupants to remain as tenants at will. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain a summary action for possession of the property (such as an action for forcible detainer) in any court having jurisdiction.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Policy Management Systems Corp)
Delivery of Possession After Foreclosure. In Except as provided in any applicable subordination, nondisturbance and attornment agreement between the Collateral Agent and a tenant of the Mortgaged Property, in the event there is a ----------------------------------------- foreclosure sale hereunder and at the time of such sale, the Mortgagor sale Grantor or the Mortgagor's Grantor’s heirs, devisees, representatives, successors or assigns or any other persons claiming any interest in the Mortgaged Property by, through or under Grantor are occupying or using the PremisesMortgaged Property, or any part thereof, each and all shall immediately shall become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day-to-day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser; and to the extent permitted by applicable law, the purchaser at such sale, notwithstanding any language herein apparently to the contrary, shall have the sole option to demand possession immediately following the sale or to permit the occupants to remain as tenants at will. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain a summary action for possession of the property (such as an action for forcible detainer) entry and detainer of said property in any the appropriate court having jurisdiction.
Appears in 1 contract
Sources: Term Loan and Revolving Credit Facility Agreement (Stolt Nielsen S A)
Delivery of Possession After Foreclosure. In the event there is a ----------------------------------------- foreclosure sale hereunder and sale, and, at the time of such sale, the Mortgagor Borrower or the Mortgagor's Borrower’s heirs, devisees, representatives, representatives or successors or assigns as owners of the Property are occupying or using the Premises, all or any part thereofof the Property, each and all shall immediately shall become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either landlord or tenantlandlord, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser; and and, to the extent permitted by applicable law, the purchaser at such sale, notwithstanding any language herein apparently to the contrary, sale shall have the sole option to demand immediate possession immediately following the sale or to permit the occupants to remain as tenants at will. In the event After such foreclosure, any leases to tenants or subtenants that are subject to this Mortgage (either by their date, their express terms, or by agreement of the tenant fails or subtenant) shall, at the sole option of the Lender or any purchaser at such sale, either (1) continue in full force and effect, and the tenant(s) or subtenant(s) will, upon request, attorn to surrender possession of said property upon demand, and acknowledge in writing to the purchaser shall be entitled to institute and maintain a summary action for possession of the property (such as an action for forcible detainer) in any court having jurisdiction.or
Appears in 1 contract
Sources: Regulatory Agreement
Delivery of Possession After Foreclosure. In the event there is a ----------------------------------------- foreclosure sale hereunder and at the time of such sale, the Mortgagor Borrower or the MortgagorBorrower's heirs, deviseesdevises, representatives, successors or assigns are occupying or using the Premises, or any part thereof, each and all immediately shall become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day, terminable at the will of either landlord or tenant, at a reasonable rental per day based upon the value of the property occupied, such rental to be due daily to the purchaser; and to the extent permitted by applicable law, the purchaser at such sale, notwithstanding any language herein apparently to the contrary, shall have the sole option to demand possession immediately following the sale or to permit the occupants to remain as tenants at will. In the event the tenant fails to surrender possession of said property upon demand, the purchaser shall be entitled to institute and maintain a summary action for possession of the property (such as an action for forcible detainer) in any court having jurisdiction.
Appears in 1 contract
Sources: Credit Agreement (Chattem Inc)