Common use of SALE OR ASSIGNMENT BY LESSOR Clause in Contracts

SALE OR ASSIGNMENT BY LESSOR. (a) The Lessor shall have the right to finance the acquisition and ownership of the Facility or any other Property or Equipment by selling or assigning its right, title and interest in this Lease, including without limitation any or all amounts due from the Lessee or any third party under this Lease and granting a security interest in this Lease, the Facility or any other Property or Equipment to the Collateral Trustee or, to the extent and for the purposes permitted hereby to a lender or lenders under a Financing Arrangement; provided, that any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease, and provided further, that any such sale or assignment or grant of a security interest in this Lease for the benefit of a Person other than the Collateral Trustee shall be limited to amounts due in respect of only the Property or Equipment leased to or financed by such Person (but in no event including any of the Facility or any of the Facility Assets) or a security interest in such Property or Equipment (other than the Facility or the Facility Assets). (b) Any Related Assignee shall, except as otherwise agreed by the Lessor and such Related Assignee, have all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Related Assignee hereunder shall not be subject to any claims or defense that 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 in respect of the Facility to the Collateral Trustee and, in respect of any other Property or Equipment, to the Related Assignee, to the extent specified in such notice, and such payments shall discharge the obligation of the Lessee to the Lessor hereunder to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Related 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. (a) The 18.1 It is agreed that Lessor shall have the right may at any time sell, assign or transfer by lease or otherwise its interest as Lessor in and to finance the acquisition and ownership of the Facility or any other Property or Equipment by selling or assigning its right, title and interest in this Lease, including without limitation any or all amounts due from the Lessee or any third party part thereof, and may at any time sell, assign or transfer its interest in and to the whole or any portion of the Premises or the Office Building Project. In the event of any transfer of Lessor’s interest in the Premises or the Office Building Project, the transferor shall be automatically relieved of any and all of Lessor’s obligations and liabilities accruing from and after the date of such transfer provided that the transferee assumes all of Lessor’s obligations under this Lease. 18.2 Lessee hereby agrees to attorn to Lessor’s assignee, transferee, or purchaser from and after the date of notice to Lessee of such assignment, transfer or sale, in the same manner and with the same force and effect as though this Lease were made in the first instance by and granting between Lessee and such assignee, transferee or purchaser. Notwithstanding a security interest sale or assignment by Lessor, Lessee’s right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the Rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the Facility event of the exercise of the power of sale under, or the foreclosure of, any deed of trust, mortgage or other encumbrances placed by Lessor against all or any other Property or Equipment portion of the Premises, Lessee shall, upon demand, attorn to the Collateral Trustee or, to purchaser upon the extent and for the purposes permitted hereby to a lender or lenders under a Financing Arrangement; provided, that effective date of any such sale or assignment shall be subject to the rights and interests of the Lessee under this Lease, and provided further, that any such sale or assignment or grant of a security interest in this Lease for the benefit of a Person other than the Collateral Trustee shall be limited to amounts due in respect of only the Property or Equipment leased to or financed by such Person (but in no event including any of the Facility or any of the Facility Assets) or a security interest in such Property or Equipment (other than the Facility or the Facility Assets). (b) Any Related Assignee shall, except as otherwise agreed by the Lessor and such Related Assignee, have all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Related Assignee hereunder shall not be subject to any claims or defense that the Lessee may have against the Lessor. Upon written notice to the Lessee foreclosure of any such assignmentdeed of trust, the Lessee shall thereafter make payments of Basic Rent, Additional Rent and mortgagee or other sums due hereunder in respect of the Facility to the Collateral Trustee and, in respect of any other Property or Equipment, to the Related Assignee, to the extent specified in such noticeencumbrance, and such payments shall discharge recognize the obligation of the Lessee to purchaser or judgment creditor as the Lessor hereunder to under the extent of such payments. Anything contained herein to the contrary notwithstanding, no Related 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 LessorLease.

SALE OR ASSIGNMENT BY LESSOR. (a) The Lessor shall have the right to finance obtain equity and debt financing for the acquisition and ownership of the Facility or any other Property or Equipment Project by selling or assigning its right, title and interest in this Lease, including without limitation any or all amounts due from the Lessee or any third party under this Lease and granting a security interest in this Lease, Lease and the Facility or any other Property or Equipment to the Collateral Trustee or, to the extent and for the purposes permitted hereby Project to a lender or lenders under a Financing ArrangementArrangement (or any entity acting in the capacity of an agent in connection therewith), notice of the identity of which shall be given to the Lessee; providedprovided 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 Permitted Liens and the rights and interests of the Lessee under this Lease and the Agreement for Lease, and provided further, that any such sale or assignment or grant of a security interest in this Lease for the benefit of a Person other than the Collateral Trustee shall be limited to amounts due in respect of only the Property or Equipment leased to or financed by such Person (but in no event including any of the Facility or any of the Facility Assets) or a security interest in such Property or Equipment (other than the Facility or the Facility Assets). (b) Any Related Assignee shall, except as otherwise agreed by the Lessor and such Related Assignee, have all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Related Assignee hereunder shall not be subject to any claims or defense that 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 and the Variable Component of Basic Rent, Additional Rent and other sums due hereunder in respect of the Facility to the Collateral Trustee and, in respect of any other Property or Equipment, to the Related Assignee, to the extent specified in such notice, and such payments shall discharge the obligation of the Lessee to the Lessor hereunder to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Related 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. (a) The Lessor shall have the right to finance obtain equity and debt financing for the acquisition and ownership of the Facility or any other Property or Equipment Project by selling or assigning its right, title and interest in this Lease, including without limitation any THIS LEASE AGREEMENT IS CONFIDENTIAL AND PROPRIETARY or all amounts due from the Lessee or any third party under this Lease and granting a security interest in this Lease, Lease and the Facility or any other Property or Equipment Project to the Collateral Trustee or, or any successor to the extent and for the purposes permitted hereby to a lender or lenders Collateral Trustee under a Financing Arrangement, notice of the identity of which shall be given to the Lessee; providedPROVIDED 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, and provided further, that any such sale or assignment or grant of a security interest in this Lease for the benefit of a Person other than the Collateral Trustee shall be limited to amounts due in respect of only the Property or Equipment leased to or financed by such Person (but in no event including any of the Facility or any of the Facility Assets) or a security interest in such Property or Equipment (other than the Facility or the Facility Assets). (b) Any Related Assignee shall, after the occurrence and during the continuance of any Event of Loss, Event of Default or Termination Event hereunder, except as otherwise agreed by the Lessor and such Related Assignee, have all the rights, powers, privileges and remedies of the Lessor hereunder, and the Lessee's obligations as between itself and such Related Assignee hereunder shall not be subject to any claims or defense that 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 and the Variable Component of Basic Rent, any Debt Yield-Maintenance Premium, Additional Rent and other sums due hereunder in respect of the Facility to the Collateral Trustee and, in respect of any other Property or Equipment, to the Related Assignee, to the extent specified in such notice, and such payments shall discharge the obligation of the Lessee to the Lessor hereunder to the extent of such payments. Anything contained herein to the contrary notwithstanding, no Related 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.