Right to Enter into New Leases Sample Clauses

Right to Enter into New Leases. Borrower may enter into new Leases for space at the Property and renew or extend existing Leases without Lender’s prior written consent provided that each such Lease: (i) is not a Major Lease, is documented using, and does not materially deviate from, the Standard Lease Form (except as set forth in the immediately succeeding paragraph); (ii) provides for rental rates and terms consistent with sound and customary leasing and management practices for similar properties in the geographic area in which the Property is located (unless in the case of a renewal or extension, the rent payable during such renewal term, or a formula or other method to compute such rent, has been specified in the original Lease); (iii) is an arms-length transaction with a tenant that is not an Affiliate of Borrower; (iv) will not have a Material Adverse Effect on the value of the Property taken as a whole; and (v) is subordinate to the Security Instrument (other than with respect to residential leases). All proposed Leases that do not satisfy the requirements set forth in this Section require Lender’s prior written approval at Borrower’s expense (including reasonable legal fees and expenses). Borrower shall promptly deliver to Lender a copy of each Lease (other than a residential lease) entered into after the Closing Date. Lender’s acceptance of Borrower’s copy of any Lease shall not be deemed a waiver of the requirements of this Section if the Lease is not in compliance herewith. Notwithstanding this Section 9.06(a)(i) to the contrary, Borrower may use a negotiated modified standard form lease that differs from the Standard Form Lease without Lender’s prior written approval so long as (i) such lease is from a regional or national tenant operating multiple high quality retail stores, (ii) the modifications to such lease are commercially reasonable (based upon an analysis of the rental terms of properties of similar size and type in the same geographic area as the Property) and have no material adverse effect upon Lender, and (iii) Borrower delivers a copy of such lease to Lender within thirty days upon its receipt thereof.
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Right to Enter into New Leases. Borrower may enter into new Leases for space at the Property and renew or extend existing Leases only with Lender’s prior written consent, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Lender’s approval shall not be required for leases (“Permitted Leases”) which (i) are for non-parking related uses, (ii) have a term of three (3) years or less, (iii) together with all other Leases affecting the operation of the Individual Property in question, do not generate in excess of five percent (5%) of the gross revenue attributable to such operation of the Individual Property, and (iv) do not contain provisions permitting tenant mortgages, options, rights of first refusal or offer, exclusivity, or extension options in favor of the tenant thereunder. Borrower shall promptly deliver to Lender a copy of each executed Lease. All subleases shall be in accordance with the terms and conditions of the applicable existing Leases.
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Right to Enter into New Leases. Borrower may permit Mortgage Borrower to enter into new Permitted Leases for space at the Property and renew or extend existing Leases without Lender’s prior written consent. All proposed Leases that are not Permitted Leases require Lender’s prior written approval (not to be unreasonably withheld, conditioned or delayed) at Borrower’s expense (including reasonable legal fees and expenses). Borrower shall cause Mortgage Borrower to promptly deliver to Lender a copy of each Lease entered into after the Closing Date, together with written certification from a Responsible Officer which confirms that (x) the copy delivered is a true, complete and correct copy of such Lease and (y) Mortgage Borrower has satisfied all conditions of this Section. Lender’s acceptance of Mortgage Borrower’s certification or a copy of any Lease shall not be deemed a waiver of the requirements of this Section if the Lease is not in compliance herewith. Notwithstanding the foregoing (i) Borrower shall cause or direct Mortgage Borrower to not terminate the Operating Lease nor enter into any material amendment, modification or supplement to the Operating Lease without, in either case, Lender’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed so long as the Operating Lease is not being terminated, the rent is not being reduced and the term is not being extended), and (ii) Borrower shall cause Mortgage Borrower to promptly provide Lender with a copy of any termination, amendment, modification or supplement to the Operating Lease entered into by Mortgage Borrower, together with written certification from a Responsible Officer which confirms that (x) the copy delivered is a true, complete and correct copy of such termination, amendment, modification or supplement and (y) Mortgage Borrower has satisfied all conditions of this Section.
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Right to Enter into New Leases. Borrower may enter into new Leases for space at the Property and renew or extend existing Leases without Lender’s prior written consent provided that each such Lease: (i) is documented using, and does not materially deviate from, the Standard Lease Form; (ii) is an arms-length transaction with a tenant that is not an Affiliate of Borrower or if with an Affiliate is at market rate and terms and is for five percent (5%) or less of the units of the subject Property; (iii) will not have a Material Adverse Effect on the value of the Property taken as a whole; and (iv) is subordinate to the Security Instrument (other than with respect to residential leases). All proposed Leases that do not satisfy the requirements set forth in this Section require Lender’s prior written approval at Borrower’s expense (including reasonable legal fees and expenses).
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Related to Right to Enter into New Leases

  • Right to Enter In permitting the use of the Facility described herein, Alamo Colleges District does not relinquish control or custody thereof and does hereby specifically retain the right to enforce any and all laws, rules and/or policies and procedures of Alamo Colleges District applicable thereto. All portions of the Facility will at all times be under the charge and control of Alamo Colleges District. Alamo Colleges District’s agent or other authorized representative of Alamo Colleges District may enter upon the Facility at all times to make inspections to ensure compliance with this Agreement.

  • RIGHT TO ENTER THE APARTMENT FOR REPAIRS The Promoter / maintenance agency /association of allottees shall have rights of unrestricted access of all Common Areas, garages/closed parking's and parking spaces for providing necessary maintenance services and the Allottee agrees to permit the association of allottees and/or maintenance agency to enter into the [Apartment/Plot] or any part thereof, after due notice and during the normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.

  • Right to Refuse to Cross Picket Lines (a) All employees covered by this Agreement shall have the right to refuse to cross a picket line arising out of a dispute as defined in the appropriate legislation. Any employees failing to report for duty shall be considered to be absent without pay. (b) Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

  • Continuing Effect; No Other Amendments Except as expressly amended or waived hereby, all of the terms and provisions of the Credit Agreement and the other Loan Documents are and shall remain in full force and effect. The amendments and waivers contained herein shall not constitute an amendment or waiver of any other provision of the Credit Agreement or the other Loan Documents or for any purpose except as expressly set forth herein.