Common use of Leasing and Tenant Matters Clause in Contracts

Leasing and Tenant Matters. Each Borrower shall comply with the terms and conditions of Exhibit “D” in connection with the leasing of space within the Improvements of such Borrower. In addition, each Borrower shall deposit with Administrative Agent on the date of Borrower’s receipt thereof any and all termination fees or other similar funds in excess of $1,000,000.00 paid by a tenant in connection with such tenant’s election to exercise an early termination option contained in its respective Lease or otherwise (the “Termination Fee Deposit”). The Termination Fee Deposit shall be deposited into an interest-bearing account maintained with Administrative Agent for the benefit of Borrowers. Administrative Agent shall make the Termination Fee Deposit available to reimburse the applicable Borrower for Tenant Improvements and Leasing Commissions paid with respect to reletting the vacated space at the Property of such Borrower which shall be disbursed in accordance with Administrative Agent’s reasonable customary terms and conditions relating to the disbursement of tenant improvement costs and leasing commissions under loans made or administered by Administrative Agent. After a vacated space has been re-leased to another tenant, any amounts remaining under the Termination Fee Deposit shall, at the Borrower’s election, be returned to the Borrower or be applied to repay a portion of the outstanding balance of the Loan. If a Default has occurred and is continuing, then Administrative Agent shall have the option to apply the Termination Fee Deposit to repay a portion of the outstanding principal balance of the Loan in accordance with Section 1.5 of this Agreement. Notwithstanding the foregoing, so long as no Default or Potential Default has occurred and is continuing, Administrative Agent shall, after any Property has been released pursuant to Section 9.29 hereof, refund all Termination Fee Deposits applicable to such Property to the Borrower which is the owner of such Property.

Leasing and Tenant Matters. Each Borrower shall comply with the terms and conditions of Exhibit “D” in connection with the leasing of space within the Improvements of such BorrowerImprovements. In addition, each Borrower shall deposit with Administrative Agent on the date of Borrower’s receipt thereof any and all termination fees or other similar funds in excess of $1,000,000.00 250,000.00 paid by a tenant in connection with such tenant’s election to exercise an early termination option contained in its respective Lease or otherwise (the “Termination Fee Deposit”). The Termination Fee Deposit shall be deposited into an interest-bearing account maintained with Administrative Agent for the benefit of BorrowersBorrower. Administrative Agent shall make the Termination Fee Deposit available to reimburse the applicable Borrower for Tenant Improvements and Leasing Commissions paid with respect to reletting the vacated space at the Property of such Borrower which shall be disbursed in accordance with Administrative Agent’s reasonable customary the terms and conditions relating to the disbursement of tenant improvement costs and leasing commissions under loans made or administered by Administrative AgentExhibit “C-1” attached hereto. After a vacated space has been re-leased to another tenant, any amounts remaining under the Termination Fee Deposit shall, at the Borrower’s election, be returned to the Borrower or be applied to repay a portion of the outstanding balance of the Loan. If a Default has occurred and is continuing, then Administrative Agent shall have the option to apply the Termination Fee Deposit to repay a portion of the outstanding principal balance of the Loan in accordance with Section 1.5 of this Agreement. Notwithstanding the foregoing, so long as no Default or Potential Default has occurred and is continuing, Administrative Agent shall, after any Property Release Pad has been released pursuant to Section 9.29 hereof, refund to Borrower all Termination Fee Deposits applicable to any Improvements situated on such Property to the Borrower which is the owner of such PropertyRelease Pad.

Leasing and Tenant Matters. (a) Each Borrower shall comply with the terms and conditions of Exhibit “D” in connection with the leasing of space within the Improvements of such Borrower. . (b) In addition, each Borrower shall deposit with Administrative Agent on the date of Borrower▇▇▇▇▇▇▇▇’s receipt thereof any and all termination fees or other similar funds in excess of $1,000,000.00 paid by a tenant in connection with such tenant’s election to exercise an early termination option contained in its respective Lease or otherwise (the “Termination Fee Deposit”). The Termination Fee Deposit shall be deposited into an interestthe Cash Sweep Collateral Account and thereafter be funds in the Cash Sweep Collateral Account and subject to all of the terms and conditions set forth in this Agreement and the other Loan Documents with respect thereto, including but not limited to those set forth in Section 4.25.3 for a Cash Sweep Disbursement from the Cash Sweep Collateral Account. (c) As of each Test Date, commencing on September 30, 2025, Borrowers shall cause at least sixty-bearing account maintained with five percent (65%) of the aggregate rentable area of the Properties to be demised pursuant to Qualifying Leases during the calendar quarter ending on each such Test Date. As used herein, a “Qualifying Lease” means any Lease in effect as of the Eighth Modification Date (and identified on the rent roll most recently delivered to Administrative Agent for prior to the benefit of Borrowers. Administrative Agent shall make the Termination Fee Deposit available to reimburse the applicable Borrower for Tenant Improvements and Leasing Commissions paid Eighth Modification Date) or entered into in accordance with this Agreement and, in each case, with respect to reletting which the vacated space at the Property applicable tenant (i) is paying rent (including Leases under free rent periods not to exceed one month per each year of lease term, unless such Borrower which shall be disbursed Lease was otherwise expressly approved in accordance with Administrative Agent’s reasonable customary the terms and conditions relating to the disbursement of tenant improvement costs and leasing commissions under loans made or administered by Administrative Agent. After a vacated space has been re-leased to another tenant, any amounts remaining under the Termination Fee Deposit shall, at the Borrower’s election, be returned to the Borrower or be applied to repay a portion of the outstanding balance of the Loan. If a Default has occurred and is continuing, then Administrative Agent shall have the option to apply the Termination Fee Deposit to repay a portion of the outstanding principal balance of the Loan in accordance Documents by (i) the Required Lenders or (ii) if Required Lender approval is not required under the Loan Documents with Section 1.5 of this Agreement. Notwithstanding the foregoing, so long as no Default or Potential Default has occurred and is continuingrespect to such Lease, Administrative Agent shallAgent), after any Property (ii) is not in bankruptcy, (iii) is not in default under its Lease, (iv) has been released pursuant not vacated or ceased to Section 9.29 hereof, refund all Termination Fee Deposits operate its premises or given a notice that it intends to vacate or cease to operate within six (6) months of the applicable to such Property Test Date (other than tenants with investment grade credit ratings or credit otherwise reasonably acceptable to the Borrower which is Administrative Agent), and (v) has not given a notice that it intends to cease to pay rent or terminate within six (6) months of the owner of applicable Test Date. Non-compliance with this clause (c) shall only constitute a default if such Propertynon-compliance continues for two successive and consecutive Test Dates as further set forth in Section 7.1(y).

Leasing and Tenant Matters. Each Borrower shall comply with the terms and conditions of Exhibit “D” in connection with the leasing of space within the Improvements of such BorrowerImprovements. In addition, each Borrower shall deposit with Administrative Agent on the date of Borrower’s receipt thereof any and all termination fees or other similar funds in excess of Two Hundred Fifty Thousand Dollars ($1,000,000.00 250,000.00) paid by a tenant in connection with such tenant’s election to exercise an early termination option contained in its respective Lease or otherwise (the “Termination Fee Deposit”). The Termination Fee Deposit shall be deposited into an interest-bearing account maintained with Administrative Agent for the benefit of BorrowersBorrower. Administrative Agent shall make the Termination Fee Deposit available to reimburse the applicable Borrower for Tenant Improvements and Leasing Commissions paid with respect to reletting the vacated space at the Property of such Borrower which shall be disbursed in accordance with Administrative Agent’s reasonable customary the terms and conditions relating to the disbursement of tenant improvement costs and leasing commissions under loans made or administered by Administrative AgentExhibit “C-2” attached hereto. After a vacated space has been re-leased to another tenant, any amounts remaining under the Termination Fee Deposit shall, at the Borrower’s election, be returned to the Borrower or be applied to repay a portion of the outstanding balance of the Loan. If a Default has occurred and is continuing, then Administrative Agent shall have the option to apply the Termination Fee Deposit to repay a portion of the outstanding principal balance of the Loan in accordance with Section 1.5 of this Agreement. Notwithstanding the foregoing, so long as no Default or Potential Default has occurred and is continuing, Administrative Agent shall, after any Property Release Parcel has been released pursuant to Section 9.29 hereof, refund to Borrower all Termination Fee Deposits applicable to any Improvements situated on such Property to the Borrower which is the owner of such PropertyRelease Parcel.