PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
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Sources: Facility Lease Agreement (Arv Assisted Living Inc), Facility Lease Agreement (Carematrix Corp)
PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms Article 13 or Article 14 of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
Appears in 2 contracts
Sources: Facility Lease Agreement (Carematrix Corp), Facility Lease Agreement (Carematrix Corp)
PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all applicable Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease (except to the extent specifically excluded by the terms hereof) or consented to by the Lessee, the claims of all Persons claiming by by, through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, the cost of title examination costs, or standard (and extended) or extended coverage title insurance premiumsinsurance, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges and specifically excluding any prepayment penalties, if any, due Lessor's mortgagee, shall be paid by the Lessee.
Appears in 2 contracts
Sources: Lease Agreement (Emeritus Corp\wa\), Facility Lease Agreement (Emeritus Corp\wa\)
PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms Article 13 or Article 14 of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a bargain and sale deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (c), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all applicable Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease (except to the extent specifically excluded by the terms hereof or consented to by the Lessee, the claims of all Persons claiming by by, through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, the cost of title examination costs, or standard (and extended) or extended coverage title insurance premiumsinsurance, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges and specifically excluding any prepayment penalties, if any, due Lessor's mortgagee, shall be paid by the Lessee. 18.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all applicable Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease (except to the extent specifically excluded by the terms hereof or consented to by the Lessee, the claims of all Persons claiming by by, through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, the cost of title examination costs, or standard (and extended) or extended coverage title insurance premiumsinsurance, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges and specifically excluding any prepayment penalties, if any, due Lessor's mortgagee, shall be paid by the Lessee.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases all or a portion of the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a an appropriate special warranty deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property or the applicable portion thereof to the Lessee subject to the Lease, all Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lesseesee. All expenses of such conveyance, including, without limitation, the cost of title examination costs, or standard (and extended) coverage title insurance premiumstide insurance, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms of this Lease, the Lessor shall, upon (a) receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchasepurchase and (b) if the Lessee so elects, the assumption by Lessee of all obligations under all of the documents evidencing any Fee Mortgage Loan (including, without limitation, if applicable, the HUD Financing Documents), together with a full release (in form and substance acceptable to Lessor) of Lessor from all obligations thereunder, deliver to the Lessee (i) a deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (e) and (g) of Section 11.5.211.4.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume) and (ii) if the Lessee has elected to assume any Fee Mortgage Loan, an assignment from the Lessor of all of its right, title and interest to all amounts, if any, then held in escrow by the applicable Fee Mortgagee (including, without limitation, all amounts, if applicable, held in the HUD Escrow Accounts). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All Each party shall pay all of the expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor it in connection with any such conveyance, . All recording and transfer taxes and recording fees and other similar charges shall be paid by split equally between the Lessor and the Lessee. Notwithstanding anything to the contrary set forth herein, in no event shall the Lessee be obligated to assume any Fee Mortgage Loan and, in the event that the Lessee does not elect to assume any Fee Mortgage Loan, the Lessor shall pay all amounts outstanding under all applicable Fee Mortgage Loans so as to be able to transfer the Leased Property to the Lessee free and clear of all liens securing any Fee Mortgage Loan.
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PURCHASE OF THE LEASED PROPERTY. In the event the Lessee purchases the Leased Property from the Lessor pursuant to any of the terms Article 13 or Article 14 of this Lease, the Lessor shall, upon receipt from the Lessee of the applicable purchase price, together with full payment of any unpaid Rent due and payable with respect to any period ending on or before the date of the purchase, deliver to the Lessee a bargain and sale deed with covenants only against acts of the Lessor conveying the entire interest of the Lessor in and to the Leased Property (other than those portions of the Leased Property constituting Building Systems not situated upon the Land, or located in or on the Leased Improvements, that exclusively serve the Facility) to the Lessee subject to all Legal Requirements, all of the matters described in clauses (a), (b), (c), (e) and (g) of Section 11.5.2, Impositions, any Liens created by the Lessee, any Liens created in accordance with the terms of this Lease or consented to by the Lessee, the claims of all Persons claiming by through or under the Lessee, any other matters assented to by the Lessee and all matters for which the Lessee has responsibility under any of the Lease Documents, but otherwise not subject to any other Lien created by the Lessor from and after the Commencement Date (other than an Encumbrance permitted under Article 20 which the Lessee elects to assume). The applicable purchase price shall be paid in cash to the Lessor, or as the Lessor may direct, in federal or other immediately available funds except as otherwise mutually agreed by the Lessor and the Lessee. All expenses of such conveyance, including, without limitation, title examination costs, standard (and extended) coverage title insurance premiums, attorneys' fees incurred by the Lessor in connection with such conveyance, recording and transfer taxes and recording fees and other similar charges shall be paid by the Lessee.
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