Protection of Lender Clause Samples
Protection of Lender. If Lender succeeds to the interest of landlord under the Lease, Lender shall not be: (a) liable for any act or omission of any previous landlord under the Lease; (b) subject to any offsets or defenses which Tenant may have against any previous landlord under the Lease; (c) bound by any payment of rent or additional rent which Tenant might have paid for more than one month in advance of the due date under the Lease to any previous landlord; (d) obligated to make any payment to Tenant which any previous landlord was required to make before Lender succeeded to the landlord’s interest; (e) accountable for any monies deposited with any previous landlord (including security deposits), except to the extent such monies are actually received by Lender; (f) bound by any amendment or modification of the Lease or any waiver of any term of the Lease made without Lender’s written consent; (g) bound by any surrender or termination of the Lease made without Lender’s written consent (unless effected unilaterally by Tenant pursuant to the express terms of the Lease); (h) obligated to complete any improvement or construction on the Property or to pay or reimburse Tenant for any tenant improvement allowance, construction allowance or leasing commissions; (i) liable for any default of any previous landlord under the Lease; (j) bound by any provision in the Lease granting Tenant a purchase option or first right of refusal or offer with regard to the Property. Furthermore, notwithstanding anything to the contrary contained in this Agreement or the Lease, upon any such succession, the Lease shall be deemed to have been automatically amended to provide that Lender’s obligations and liabilities under the Lease shall be limited solely to Lender’s interest, if any, in the Property, and the proceeds from any sale or disposition of the Property by Lender (collectively, “Lender’s Interest”) and, following such succession, Tenant shall look exclusively to Lender’s Interest for the payment or discharge of any obligations of Lender under the Lease.
Protection of Lender. During the continuance of any Leasehold Mortgage and until such time as the lien of any Leasehold Mortgage has been extinguished:
(a) Landlord shall not accept any surrender of this Lease, nor shall Landlord consent to any amendment or modification of this Lease, without the prior written consent of any Lender.
(b) Notwithstanding any default by Tenant in the performance or observance of any agreement, covenant or condition of this Lease on the part of Tenant to be performed or observed, Landlord shall have no right to terminate this Lease or interfere with the occupancy, use, and enjoyment of the Premises unless (i) an event of default shall have occurred and is continuing, (ii) Landlord shall have given any Lender written notice of such event of default, and
Protection of Lender. A. Except in the exercise of any of Lender’s remedies under this Article 7, this Lease shall not be cancelled, surrendered, modified or amended without the written consent of a Lender, which consent shall not be unreasonably withheld.
B. If Lessor shall give any notice, demand, election or other communication to Lessee, Lessor shall at the same time give a copy of each such notice to each Lender at the address previously designated by such Lender by written notice to Lessor. Such copies of notices shall be sent by certified mail, return receipt requested, or by Federal Express or similar overnight delivery service, and shall be deemed given in the same manner as notices to Lessor and Lessee pursuant to Section 17.12. No notice given by Lessor to Lessee shall be binding upon or affect Lessee or any such Lender unless a copy of such notice shall be given to such Lender pursuant to this Section 7.6(B). In the case of an assignment of a Leasehold Deed of Trust or a change in the address of the Lender thereunder, the Lender or its assignee, by written notice to Lessor, may change the address to which copies of notices are to be sent. Lessor shall not be bound to recognize any assignment of a Leasehold Deed of Trust unless and until Lessor shall receive a copy of the recorded assignment and the name and address of the assignee. After Lessor has been given such notice, such assignee shall be deemed to be the Lender for all purposes under this Article 7.
▇. ▇▇▇▇▇▇ hereby agrees to execute such modifications and amendments to this Lease as may be reasonably required by any Lender or prospective Lender under a Leasehold Deed of Trust and/or Leasehold Encumbrance, provided that such modifications or amendments do not materially diminish the rights of Lessor.
Protection of Lender. During the continuance of any Leasehold Mortgage and until such time as the lien of any Leasehold Mortgage has been extinguished:
(a) Landlord shall not accept any surrender of this Lease, nor shall Landlord consent to any amendment or modification of this Lease, without the prior written consent of any Lender.
(b) Notwithstanding any default by Tenant in the performance or observance of any agreement, covenant, or condition of this Lease on the part of Tenant to be performed or observed, Landlord shall have no right to terminate this Lease or interfere with the occupancy, use, and enjoyment of the Premises unless (i) an event of default shall have occurred and is continuing, (ii) Landlord shall have given any Lender written notice of such event of default, and (iii) the Lender(s) shall have failed to remedy such default, acquire Tenant's leasehold estate created hereby, or commence foreclosure or other appropriate proceedings, all as set forth in, and within the time specified by, this Section 14.
(c) Should any event of default under this Lease occur, any Lender shall have sixty
Protection of Lender. Lender's activities concerning Florida's Construction Lien Law are for the protection of the Lender not the protection of the Borrower or potential lienors.
Protection of Lender. The Pledgor agrees that:
(a) its liabilities and obligations under the Governing Documents will not be affected by this Agreement or the Lien on the Pledged Collateral created in favor of the Lender pursuant to this Agreement, or the exercise by the Lender of any of its rights under this Agreement;
(b) Lender, unless it expressly agrees in writing, will not have any liabilities or obligations under the Governing Documents as a result of this Agreement, the exercise by the Lender of its rights under this Agreement, or otherwise; and
(c) Lender has no obligation to enforce any contractual obligation or claim with respect to the Pledged Collateral, or to take any other action with respect to the Pledged Collateral except as expressly set forth in this Agreement and the other Finance Documents.
Protection of Lender. Lender may withhold from any Advance or, on account of subsequently discovered evidence, withhold from a later Advance, or require Borrower to repay to Lender any earlier Advance, as Lender in its sole discretion considers necessary to protect Lender from loss on account of (i) defective work on the Improvements that has not been remedied, (ii) any obligation required by this Agreement to have been performed that has not been performed, (iii) liens filed against the Real Property and Improvements or reasonable evidence that such liens will be filed (other than in connection with work the cost of which is being properly contested in accordance with the provisions hereof), (iv) failure of Borrower to make payments to contractors or subcontractors for material or labor (other than in connection with work the cost of which is being properly contested in accordance with the provisions hereof), or (v) a reasonable doubt by Lender that construction of the Improvements can be completed with the undisbursed proceeds of the Loan, plus any amounts deposited by Borrower with Lender. Subject to the other provisions of this Agreement, any amount so withheld shall be disbursed after the basis for such withholding has been cured or removed.
Protection of Lender. (a) The parties hereto shall execute such agreements as Lender shall reasonably request for the protection of Lender. As between Lender and any other party hereto, such agreements shall control. As between the parties hereto other than Lender, this Agreement shall control.
(b) Lender shall not be liable to Guarantor for any act (including, without limitation, any act of active negligence) or omission by Lender unless Lender's conduct constitutes willful misconduct or gross negligence.
(c) Guarantor hereby agree to indemnify and to hold Lender harmless from and against all losses, liabilities, claims, damages, costs and expenses (including actual attorneys' fees and disbursements) with respect to (i) any action (including, without limitation, any act of active negligence) taken or any omission by Lender with respect to this Agreement, provided that Lender's conduct does not constitute willful misconduct or gross negligence, and (ii) any claims arising out of Guarantor's ownership of the Stock or the Lender's security interest therein.
(e) Lender shall have no liability or responsibility for the legality, genuineness or sufficiency of the certificates or any other documents representing the Stock or of the assignments thereof, or of any other documents deposited with Lender.
(a) Guarantor agrees to pay to Lender the amount of any and all expenses, including the fees and expenses of counsel and of any experts and agents, which Lender may incur (if any) in connection with (a) the administration of this Agreement.
(b) the custody or preservation of, or the sale of, collection from, or other realization upon, any of the Stock, (c) the exercise or enforcement of any of the rights of the Lender hereunder, and (d) the failure by the Lender to perform or observe any of the provisions hereof.
Protection of Lender. The Lender is not:
(a) accountable for any proceeds of enforcement other than those proceeds actually received by it;
(b) obliged to enforce payment of the Secured Money;
(c) liable in respect of any conduct or delay in the exercise, manner of exercise, attempted exercise, or non-exercise of any right by the Lender;
(d) liable to account as mortgagee in possession in respect of the Secured Property; or
(e) liable for any loss resulting from, or consequential on, any of the matters set out in clauses 15.2(a) to (d).
Protection of Lender