THE STATE OF NEW YORK, OR THE COMPTROLLER OF THE CITY OR ANY FEDERAL, STATE OR
MUNICIPAL AGENCY OR PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY ADVANCING OR
ASSURING MORTGAGE LOANS OR MAKING PAYMENTS WHICH, IN ANY MANNER, ASSIST IN THE
FINANCING, DEVELOPMENT, OPERATION AND MAINTENANCE OF IMPROVEMENTS, (3) SHALL
HAVE A NET WORTH OF NOT LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) AND
NET ASSETS OF NOT LESS THAN TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000) (AS
SUCH AMOUNTS SHALL BE ADJUSTED FOR INFLATION ON AN ANNUAL BASIS FROM
DECEMBER 12, 2001) AT THE TIME OF THE INITIAL DETERMINATION OF ITS STATUS AS A
LENDING INSTITUTION, (4) IS NOT A RELATED ENTITY OF TENANT, AND (5) IS NOT A
PROHIBITED PERSON, OR (G) ANY OTHER PERSON SATISFYING THE CONDITIONS OF CLAUSES
(1) THROUGH (5) ABOVE.
(CXXXV)
"LETTER OF CREDIT" MEANS A CLEAN, IRREVOCABLE AND UNCONDITIONAL LETTER
OF CREDIT, IN FORM AND CONTENT REASONABLY SATISFACTORY TO LANDLORD, ISSUED BY
AND DRAWN UPON ANY ISSUING BANK.
(CXXXVI)
"LOBBY SUBLEASE SPACE" HAS THE MEANING SET FORTH IN
SECTION 34.1(C) HEREOF.
(CXXXVII)
"LOBBY SUBLEASE SPACE ADJUSTED GROSS REVENUE" HAS THE MEANING SET
FORTH IN SECTION 34.2(C) HEREOF.
(CXXXVIII)
"MAJOR ALTERATION" HAS THE MEANING SET FORTH IN
SECTION 9.5(A) HEREOF.
17
(CXXXIX)
"MAJOR CONTRACTOR" HAS THE MEANING SET FORTH IN
SECTION 9.6(B)(II) HEREOF.
(CXL)
"MANAGER" MEANS THE MANAGER OF ANY PORTION OF THE COMMON ELEMENTS UNDER
A MANAGEMENT AGREEMENT.
(CXLI)
"MODIFICATION" HAS THE MEANING SET FORTH IN SECTION 13.9 HEREOF.
(CXLII)
"MORTGAGE" MEANS ANY MORTGAGE THAT CONSTITUTES A LIEN ON TENANT'S
INTEREST IN THIS LEASE AND THE LEASEHOLD ESTATE CREATED HEREBY.
(CXLIII)
"MORTGAGE RECORDING TAX" MEANS ANY MORTGAGE RECORDING TAX UNDER
ARTICLE 11 OF THE NEW YORK STATE TAX LAW, OR ANY SUCCESSOR STATUTE THERETO, AS
THE SAME MAY NOW OR HEREAFTER BE AMENDED, AND ANY NEW YORK CITY MORTGAGE
RECORDING TAX.
(CXLIV)
"MORTGAGE RECORDING TAX SAVINGS" MEANS ANY SAVINGS, AS PROVIDED IN
SECTION 3.4 HEREOF, REALIZED BY TENANT ON ACCOUNT OF MORTGAGE RECORDING TAX.
(CXLV)
[INTENTIONALLY OMITTED]
(CXLVI)
[INTENTIONALLY OMITTED]
(CXLVII)
[INTENTIONALLY OMITTED]
(CXLVIII)
[INTENTIONALLY OMITTED]
(CXLIX)
"NONADVERSE STRUCTURAL EFFECT" MEANS ANY EFFECT OF ANY ALTERATION ON
ANY STRUCTURAL COMPONENT THAT, TAKEN TOGETHER WITH THE TOTALITY OF THE REMEDIAL
MEASURES TO BE TAKEN IN RESPECT OF SUCH ALTERATION, WILL NOT HAVE MORE THAN AN
INSIGNIFICANT ADVERSE EFFECT ON SUCH STRUCTURAL COMPONENT AT THE COMPLETION OF
THE ALTERATION.
(CL)
"NONDISTURBANCE AGREEMENT" HAS THE MEANING SET FORTH IN
SECTION 13.2(B) HEREOF.
(CLI)
[INTENTIONALLY OMITTED]
(CLII)
"NYCEDC" MEANS THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION OR
ANY SUCCESSOR IN FUNCTION.
(CLIII)
"NYTB" HAS THE MEANING SET FORTH IN THE PREAMBLE TO THIS LEASE.
(CLIV)
"NYTC" MEANS THE NEW YORK TIMES COMPANY.
(CLV)
[INTENTIONALLY OMITTED]
18
(CLVI)
[INTENTIONALLY OMITTED]
(CLVII)
[INTENTIONALLY OMITTED]
(CLVIII)
"OBLIGATIONS", AND WORDS OF LIKE IMPORT, MEAN COVENANTS TO PAY
CHARGES AND OTHER SUMS PAYABLE HEREUNDER AND PERFORM ACTS OR FULFILL OBLIGATIONS
HEREUNDER, AS APPLICABLE, AND ALL OF THE OTHER COVENANTS, AGREEMENTS, TERMS,
CONDITIONS, LIMITATIONS, EXCEPTIONS AND RESERVATIONS CONTAINED IN THIS LEASE AND
THE