Laserfiche WebLink
200603197 <br />whether now or hereafter in effect), pursuant to which any Person is granted a possessory interest <br />in, or a right to use or occupy, all or any portion of any space in that certain lot or piece of land, <br />more particularly described in Exhibit A annexed hereto and made a part hereof, together with <br />the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, <br />replacements and improvements now or hereafter located thereon, including the healthcare <br />related facility described on Schedule I (the "Facility") (collectively, the "Property ") and every <br />modification, amendment or other agreement relating to such leases, subleases, subsubleases, or <br />other agreements entered into in connection with such leases, subleases, subsubleases, or other <br />agreements and every guarantee of the performance and observance of the covenants, conditions <br />and agreements to be performed and observed by the other party thereto, and the right, title and <br />interest of Borrower, its successors and assigns, therein and thereunder. <br />(b) Other Leases and Agreements. To the extent permitted by applicable law, <br />all other leases and other agreements (to the full extent of Borrower's interest therein), whether <br />or not in writing, affecting the use, enjoyment or occupancy of the Property or any portion <br />thereof now or hereafter made, whether made before or after the filing by or against Borrower of <br />any petition for relief under 1 l U.S.C. §101 et seq., as the same may be amended from time to <br />time (the "Bankruptcy Code ") together with any extension, renewal or replacement of the same. <br />This Assignment of other present and future leases and present and future agreements being <br />effective without further or supplemental assignment. The "leases" described in Subsection <br />1.1 a and the leases and other agreements described in this Subsection I.1 b are collectively <br />referred to as the "Leases ". <br />(c) Rents. To the extent permitted by applicable law, all accounts (including, <br />without limitation, any rights of Borrower in accounts arising from the operations conducted at <br />or by the Facility), deposits (whether for security or otherwise) rents, rent equivalents, income, <br />receivables, revenues, receipts, insurance proceeds, deposits and profits arising from the Leases <br />and renewals thereof together with all rents, rent equivalents, income, fees, receivables, accounts, <br />profits (including, but not limited to, all oil and gas or other mineral royalties and bonuses), <br />charges for services rendered, termination payments, forfeited security deposits, any rights to <br />payment earned under Leases for the operation of ongoing retail businesses such as newsstands, <br />concession stands, barbershops, beauty shops, gift shops, cafeterias, dining rooms, restaurants, <br />lounges, vending machines, physicians' offices, pharmacies, laboratories, gymnasiums, <br />swimming pools, tennis courts, golf courses, recreational centers, and specialty shops and <br />liquidated damages following default, and any and all payment and consideration of whatever <br />form or nature received by Borrower or its agents or employees from any and all sources relating <br />to the use, enjoyment and occupancy of the Property whether paid or accruing before or after the <br />filing by or against Borrower of any petition for relief under the Bankruptcy Code (collectively, <br />the "Rents "). <br />(d) Bankruptcy Claims. All of Borrower's claims and rights (the <br />"Bankruptcy Claims ") to the payment of damages arising from any rejection by a lessee of any <br />Lease under the Bankruptcy Code. <br />(e) Lease Guaranties. All of Borrower's right, title and interest in and claims <br />under any and all lease guaranties, letters of credit and any other credit support (individually, a <br />"Lease Guaranty ", collectively, the "Lease Guaranties ") given by any guarantor in connection <br />NYL1134 7533103 -2- <br />