Attornment and Non-Disturbance. [Remove this Section 7 if using Subordination Agreement for affiliated Borrowers and Operators, and insert “Intentionally Omitted” to preserve paragraph enumeration]. In the event Lender or any other purchaser at a foreclosure sale or sale under private power contained in the Security Instrument, or by acceptance of a deed in lieu of foreclosure, succeeds to the interest of Landlord under the Master Lease, it is agreed as follows:
(a) Master Tenant shall be bound to Lender or such other purchaser pursuant to all of the terms, covenants and conditions of the Master Lease for the balance of the term thereof (as the same may be extended in accordance with its terms), with the same force and effect as if Lender or such other purchaser were the lessor originally named in such Master Lease, and Master Tenant does hereby agree to attorn to Lender or such other purchaser as its lessor, such attornment to be effective and self-operative without the execution of any further instruments on the part of any of the parties to this Agreement, immediately upon Lender or such other purchaser succeeding to the interest of Landlord under the Master Lease.
(b) Subject to the observance and performance by Master Tenant and Operator of all the terms, covenants and conditions of the Master Lease and Sublease, respectively, Lender or such other purchaser shall recognize the leasehold estates of Master Tenant and Operator under the Master Lease and Sublease for the balance of their terms (as the same may be extended in accordance with the provisions of the Master Lease and/or Sublease) with the same force and effect as if Lender or such other purchaser were the lessor under the Master Lease, and the Master Lease and Sublease shall remain in full force and effect and shall not be terminated, except in accordance with the terms of the Master Lease, Sublease or this Agreement; provided, however, that Lender or such other purchaser shall not be (a) liable for any act or omission of Landlord, or any other prior lessor, (b) obligated to cure any defaults of Landlord, or any other prior lessor under the Master Lease which occurred prior to the time that Lender or such other purchaser succeeded to the interest of Landlord or any other prior lessor under the Master Lease (c) subject to any offsets or defenses which Master Tenant or Operator may be entitled to assert against Landlord, or any other prior lessor, (d) bound by any payment of rent or additional rent by Master Tenant to Landlord...
Attornment and Non-Disturbance. Upon the written request of the Landlord or any Mortgagee or any lessor under a ground or underlying lease, Tenant shall attorn to any such Mortgagee or beneficiary, provided such Mortgagee or lessor agrees that if Tenant is not in material default under this Lease, Tenant's possession of the Premises in accordance with the terms of this Lease shall not be disturbed. Such agreement shall provide, among other things, (a) that this Lease shall remain in full force and effect, (b) that Tenant pay rent to said Mortgagee or lessor from the date of said attornment, (c) that said Mortgagee or lessor shall not be responsible to Tenant under this Lease except for obligations accruing subsequent to the date of such attornment, and (d) that Tenant, in the event of foreclosure or a deed in lieu thereof or a termination of the ground or underlying lease, will enter into and will have the right to, a new lease with the Mortgagee, lessor or other person having or acquiring title on the same terms and conditions as this Lease and for the balance of the Term.
Attornment and Non-Disturbance. If Landlord assigns this Lease or if the Premises are sold, transferred or conveyed, (all collectively called “Assignment”), within ten (10) days of the Assignment of the Lease, Landlord shall provide Tenant notice thereof pursuant to Article 13 of this Lease in a form substantially in conformity with that described in Exhibit B. Said notice shall include the name and address of the New Landlord (any assignee of this Lease, or any purchaser of the Premises, or any other successor owner or assignee of Landlord through foreclosure or deed in lieu of foreclosure [the “New Landlord”]), the New Landlord’s Social Security or Federal Employer’s Identification Number, and documentation evidencing the Lease Assignment, whether it be an assignment and assumption of Lease, deed or other transfer.
Attornment and Non-Disturbance. If any person shall succeed to all or any part of Landlord's interest in the Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease, or otherwise, and if such successor-in-interest requests or requires, Tenant shall attorn to such successor-in-interest and shall execute within ten (10) days after receipt thereof such agreement in confirmation of such attornment as is reasonably acceptable to such successor-in-interest. Failure to respond within such (10) day period shall be deemed to be a confirmation by Tenant of the facts and matters set forth therein. Tenant hereby agrees that any suit, action or other proceeding commenced by any Mortgagee in order to realize upon Landlord's interest in, under and to this Lease, or any part of the Building shall not, by operation of law or otherwise, result in the cancellation or termination of this Lease or of the obligations of Tenant hereunder.
Attornment and Non-Disturbance. The Tenant shall, promptly at the request of the ______________________ /20// Except for the Transfers to subsidiaries or other affiliates of Tenant, /21// other Landlord or the holder of any Mortgage (herein referred to as a "Mortgagee"), execute, enseal, acknowledge and deliver such further instrument or instruments
12.2.1. evidencing such subordination as the Landlord or such Mortgagee deems necessary or desirable, and
12.2.2. (at such Mortgagee's request) attorning to such Mortgagee. Landlord will use reasonable efforts to obtain an agreement from the Mortgagee (in such Mortgagee's usual form) that such Mortgagee will, in the event of a foreclosure of any such mortgage or deed of trust (or termination of any such ground lease) take no action to interfere with the Tenant's rights hereunder, except on the occurrence of an Event of Default.
Attornment and Non-Disturbance. Tenant agrees that upon any termination of Landlord's interest in the Premises, Tenant will, upon request, attorn to the person or organization then holding title to the reversion of the Premises (the "Successor") and to all subsequent Successors, and shall pay to the Successor all rents and other monies required to be paid by the Tenant hereunder and perform all of the other terms, convenants, conditions and obligations contained in this Lease, provided, however, that Tenant shall not be so obligated to attorn unless, if Tenant shall so request in writing, such Successor will execute and deliver to Tenant an instrument wherein such Successor agrees that so long as Tenant performs all of the terms, convenants and conditions of this Lease, Tenant's possession of the Premises under the Premises under the provisions of this Lease shall not be disturbed by any such Successor.
Attornment and Non-Disturbance. [Remove this Section 7 if using
Attornment and Non-Disturbance. Landlord will deliver to Tenant lender's standard non-disturbance agreement. Tenant agrees that upon any assignment or termination of Landlord's interest in the Premises whether by mortgage, sale, foreclosure or otherwise, Tenant will, upon request, attorn to the person or organization then holding title to the Premises (the "Successor") and to all subsequent successors, and shall pay to the Successor all rents and other monies required to be paid by Tenant hereunder and perform all of the other terms, covenants, conditions and obligations contained in this Lease, provided, however, that Tenant shall not be so obligated to attorn unless, if Tenant shall so request in writing, such Successor will execute and deliver to Tenant an instrument wherein such Successor agrees that so long as Tenant performs all of the terms, covenants and conditions of this Lease, Tenant's possession under the provisions of this Lease shall not be distributed by any such Successor. Following any sale by Landlord of the property of which the Premises are a part, all future obligations of the assigning Landlord to Tenant shall cease and terminate and Tenant shall look solely to the Successor for the performance of Landlord's duties hereunder.
Attornment and Non-Disturbance. Provided
(a) Tenant complies with this Agreement, (b) Tenant is not in default under the terms of the Lease and no event has occurred which, with the passage of time or the giving of notice or both, would constitute a default under the Lease, and (c) the Lease is in full force and effect, except as set forth in Paragraphs 2 and 5(d) and (e), any default under the Mortgage and any proceeding to foreclose the same will not disturb Tenant’s possession under the Lease and the Lease will not be affected or cut off thereby, and notwithstanding any such foreclosure or other Transfer of the Property to Transferee, Transferee will recognize the Lease and will accept the attornment of Tenant thereunder. Tenant shall attorn to Transferee, including Lender if Lender becomes a Transferee, as the landlord under the Lease. Said attornment is subject to the limitation of Transferee’s obligations set forth n Paragraph 2 above and shall be effective and self-operative without the execution of any further instruments upon Transferee’s succeeding to the interest of the landlord under the Lease Tenant and Lender shall, however, confirm the provisions of this paragraph in writing upon request by either of them.
Attornment and Non-Disturbance. The tenant shall, promptly and at the request of the Landlord or the holder of any Mortgage (herein referred to as a "Mortgagee"),
16.2.1. execute, acknowledge and deliver such further instruments evidencing such subordination as the Landlord or such Mortgagee may deem necessary or desirable, and
16.2.2. attorn to such Mortgagee, provided that such Mortgagee agrees with the Tenant that such Mortgagee will, in the event of a foreclosure of any such first mortgage or deed of trust (or termination of any such ground lease) take no action to interfere with the Tenant's rights hereunder, except upon the occurrence of an Event of Default.
