Common use of Possession Required Clause in Contracts

Possession Required. If the Event of Default specified in Section 10.3.2(a)(ii) cannot be cured until the Permitted Lender has obtained possession of the Premises (or, in the case of a Permitted Mezzanine Lender, control of Tenant) through foreclosure or otherwise, and if the Permitted Lender has delivered to Landlord within the ninety- (90-) day cure period specified in Section 10.3.2(a)(ii) Permitted Lender's written commitment (in form acceptable to Landlord in its sole discretion) to use diligent efforts to cure (or to cause Tenant to cure) such Event of Default with due diligence upon obtaining possession of the Premises (or, in the case of a Permitted Mezzanine Lender, control of Tenant) through foreclosure or otherwise, then the Permitted Lender shall have such additional time (but in no event to exceed two hundred and seventy (270) days from the date of obtaining possession of the Premises) as is reasonably necessary to cure (or to cause Tenant to cure) such Event of Default, but only if the Permitted Lender: (i) unless judicially stayed, commences the judicial or other foreclosure of the Permitted Encumbrance within ninety (90) days from receipt of written notice of the occurrence of an Event of Default under this Lease;

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Possession Required. If the Event of Default specified in Section 10.3.2(a)(ii9.3(b)(i)(y) cannot be cured until the Permitted Lender has obtained possession of the Premises Facility (or, in the case of a Permitted Mezzanine Lender, control of TenantRIDA) through foreclosure or otherwise, and if the Permitted Lender has delivered to Landlord City within the ninety- ninety (90-90) day cure period specified in Section 10.3.2(a)(ii9.3(b)(i)(y) Permitted Lender's ’s written commitment (in form acceptable to Landlord City in its sole discretion) to use diligent efforts to cure (or to cause Tenant RIDA to cure) such Event of Default with due diligence upon obtaining possession of the Premises Facility (or, in the case of a Permitted Mezzanine Lender, control of TenantRIDA) through foreclosure or otherwise, then the Permitted Lender shall have such additional time (but in no event to exceed two hundred and seventy (270) days from the date of obtaining possession of the PremisesFacility) as is reasonably necessary to cure (or to cause Tenant RIDA to cure) such Event of Default, but only if the Permitted Lender: (ix) unless judicially stayed, commences the judicial or other foreclosure of the Permitted Financing Encumbrance within ninety (90) days from receipt of written notice of the occurrence of an Event of Default under this Lease;ninety

Appears in 1 contract

Sources: Sublease Agreement