Common use of SALE OR ASSIGNMENT BY LESSOR Clause in Contracts

SALE OR ASSIGNMENT BY LESSOR. 33.1 The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this Lease; provided that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease. 33.2 Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor.

SALE OR ASSIGNMENT BY LESSOR. 33.1 The (a) Subject to paragraph (b) of this Section 21, the Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this LeaseLease and granting a security interest in this Lease to a lender or -57- 63 lenders under a Credit Agreement; provided PROVIDED, that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease. 33.2 (b) Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and provided that the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense defenses that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the such Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor. (c) The provisions of this Section 21 are subject to the terms and conditions of the Participation Agreement.

SALE OR ASSIGNMENT BY LESSOR. 33.1 (a) The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment Project by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this LeaseLease and granting a security interest in this Lease and the Project to the Collateral Trustee or a lender or lenders under a Financing Arrangement, notice of the identity of which shall be given to the Lessee; provided that that, any such sale or assignment by the Lessor shall be made consistent with the terms of this Lease and shall be subject to the rights and interests of the Lessee under this Lease and the Agreement for Lease. 33.2 (b) Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, any Make-Whole Premium, Additional Rent and other sums due hereunder to the Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor, unless and until Assignee has taken possession of the Premises or the Project or otherwise foreclosed upon the Lessor's interest therein or accepted a conveyance in lieu of foreclosure of the Premises or the Project pursuant to a Financing Arrangement.

SALE OR ASSIGNMENT BY LESSOR. 33.1 (a) The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this Lease; provided provided, that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease. 33.2 (b) Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the such Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor.

SALE OR ASSIGNMENT BY LESSOR. 33.1 The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this Lease; provided that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease. 33.2 Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, ; provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor.

SALE OR ASSIGNMENT BY LESSOR. 33.1 (a) The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership may assign any of the Property or Equipment by selling or assigning its right, title or interest in the Property, this Lease or the Acquisition and interest Construction Agreement or in any or all amounts due from the Lessee or any third party under this Lease; provided that any unless an Event of Default shall have occurred and be continuing, the Lessor has obtained the prior written consent of the Lessee to such sale or assignment shall be subject to the rights and interests of the Lessee under this Leaseassignment. 33.2 (b) Any Assignee assignee shall, except as otherwise agreed by the Lessor and such Assigneeassignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon receipt of written notice to from the Lessee Lessor of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the Assigneeassignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor.

SALE OR ASSIGNMENT BY LESSOR. 33.1 (a) The Lessor shall have the right to obtain equity and debt financing for the acquisition and ownership of the Property or Equipment by selling or assigning its right, title and interest in any or all amounts due from the Lessee or any third party under this LeaseLease and granting a security interest in this Lease to the Agent or a lender or lenders under the Credit Agreement; provided provided, that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease. 33.2 (b) Any Assignee shall, except as otherwise agreed by the Lessor and such Assignee, have (to the exclusion of the Lessor) all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor, other than the defense of payment or satisfaction of the obligation, ; provided that the foregoing shall not be deemed to be a waiver of any claims the Lessee may have against the Lessor. Upon written notice to the Lessee of any such assignment, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and other sums due hereunder to the Assignee, to the extent specified in such written notice, and only such payments to the applicable Assignee shall discharge the obligation of the Lessee to the Lessor hereunder and only to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Assignee shall be obligated to perform any duty, covenant or condition required to be performed by the Lessor hereunder, and any such duty, covenant or condition shall be and remain the sole obligation of the Lessor.