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04-24-2017 Council Work Session Packet
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04-24-2017 Council Work Session Packet
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(c) The rights hereunder of Holders shall be exercisable by such Holders in <br />the order of the priority of lien or other security interest of their <br />respective Mortgages. <br />(d) At Tenant's expense, upon written request of Tenant, any Holder, or <br />any prospective Holder, Landlord shall deliver to them or any of them a <br />separate written instrument signed and acknowledged by Landlord <br />setting forth and confirming the provisions of this Section 5.4, and <br />acknowledging to them or any of them in writing the receipt by <br />Landlord of any notice or instrument given, sent or delivered to <br />Landlord pursuant to the provisions of this Section 5.4. <br />(e) When a new lease is entered into such Holder or (if reasonably <br />approved by Landlord pursuant to the Development Agreement) its <br />designee (such holder or designee the "Acquiring Holder," and the <br />Mortgage of such Acquiring Holder the "Acquiring Holder's Leasehold <br />Mortgage"), the liens on and estates and other interests in the <br />Development Property or this Lease of all persons holding directly or <br />indirectly under or through Tenant (including the Acquiring Holder's <br />Leasehold Mortgage), other than liens, estates and interests which are <br />subordinate to the Acquiring Holder's Leasehold Mortgage, shall <br />immediately and without documentation continue in effect, attach to the <br />new lease and be reinstated as to each other to the same extent, and in <br />the same manner, order and priority, as if (i) the new lease were this <br />Lease, (ii) this Lease had not been terminated, and (iii) the Acquiring <br />Holder had acquired the leasehold estate under this Lease by <br />assignment on the date the term of the new lease commences. Each <br />lien, estate or interest which could have been extinguished by the <br />foreclosure of the Acquiring Holder's Leasehold Mortgage shall be <br />deemed to be subordinate to the Acquiring Holder's Leasehold <br />Mortgage. <br />(f) Notwithstanding any provision of this Section 5.4 apparently to the <br />contrary, Landlord shall not be required to provide any notice to any <br />Holder under this Section 5.4 unless such Holder has provided <br />Landlord written notice of its existence in accordance with Section 5.2 <br />hereof. <br />(g) Upon request of a Holder, Landlord will enter into an agreement with <br />such Holder confirming the provisions of this Section 5.4 for the benefit <br />of such Holder and acknowledging the Holder's Mortgage and the <br />assignments made therein. <br />-7- <br />
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