Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a superior lien succeeds to Landlord's interest in the Premises, Tenant will pay to such holder all rents subsequently payable under this Lease. Further, Tenant agrees that in the event of the enforcement by the holder of a superior lien of the remedies provided for by law or by such superior lien, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of and attorn to such successor in interest without change in the Terms or provisions of this Lease. Such successor in interest will not be bound by:
Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien succeeds to Landlord's interest in the Premises, Tenant shall pay to such holder all Rents subsequently payable under this Lease. Furthermore, if the Superior Lien instrument provides that this Lease is superior to the Superior Lien or if the holder of the Superior Lien elects to so treat this Lease, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien of the remedies provided for by law or by such Superior Lien, Tenant shall, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of and attorn to such successor in interest without change in the terms or provisions of this Lease. Such successor in interest shall not be bound by or liable for:
Attornment and Nondisturbance. Lessee acknowledges that the Subordination, Nondisturbance and Attornment Agreement attached hereto as Exhibit 2 is in form and content acceptable to Lessee and constitutes a commercially reasonable nondisturbance agreement within the meaning of Section 30.3 of the Lease.
Attornment and Nondisturbance. If a Successor Landlord succeeds to the interest of the Landlord under the Lease, and provided that such Successor Landlord has not elected to terminate the Lease as permitted by Section 3 above:
Attornment and Nondisturbance. In the event that Xxxxxx succeeds to Landlord’s interest under the Lease, Xxxxxx agrees to attorn to Lender. In consideration of Tenant’s attornment and provided that Tenant is not in default under the Lease beyond any applicable notice and grace periods, the Lease will remain in full force and effect and Lender will not disturb Tenant’s rights under the Lease.
Attornment and Nondisturbance. Lessee shall attorn to any successor of the Lessor and shall continue to observe and perform Lessee's obligations under this Amended Lease and pay rent to whomsoever may be lawfully entitled to same from time to time. Lessor's successor must agree to be bound by and assume all obligations of this Amended Lease prior to the effectiveness of any transfer by Lessor.
Attornment and Nondisturbance. (a) If, at any time during the Term of this Lease, Landlord shall be the holder of a leasehold estate covering premises which include the Premises, and if such leasehold shall terminate or be terminated for any reason, or if, at any time during the Term a mortgage to which this Lease is subordinate shall be foreclosed, Tenant agrees at the election and upon written demand of any owner of any portion of the Property which includes the Premises, or of any mortgagee in possession thereof, or of any holder of a leasehold thereafter affecting any portion of the Premises, or of any purchaser at foreclosure, to attorn, from time to time, to any such owner, mortgagee, holder or purchaser (“New Landlord”) upon the terms and conditions set forth herein for the remainder of the Term provided such New Landlord agrees not to disturb Tenant’s quiet use and enjoyment and occupancy of the Premises for the Term provided Tenant is not in default of its Lease obligations. At Tenant’s written request, Landlord shall submit a non-disturbance agreement to Landlord’s present or future lender on such lender’s customary form pursuant to which such lender shall agree that so long as Tenant performs all the terms, covenants and conditions of this Lease, on Tenant's part to be performed, Tenant's possession and quiet use and enjoyment of the Premises under the provisions of this Lease shall not be disturbed by such lender. Landlord shall have no responsibility to Tenant hereunder other than to submit a form of non-disturbance to such lender.
Attornment and Nondisturbance. (ι)•Notwithstanding any termination of this Fleet Parking Sublease or any default by ISBA hereunder, and provided that all conditions for Sub-subleases set forth in Section 7.1(a) above have been satisfied, or the Agency and County have otherwise approved such Sub-sublease, Agency covenants and agrees to recognize and to not disturb the right of any Sub-sublessees, third party user or their respective lenders, to use and possess all or any portion of the Fleet Parking Units, provided that:
Attornment and Nondisturbance. At any time(s) during the term of the Lease, Lessee shall, within 20 days following Lessor's written request therefor, execute and deliver to Lessor's lender a commercially reasonable subordination, nondisturbance and attornment agreement. For purposes of Paragraph 30 of the Lease and this paragraph of the Addendum, Lessee acknowledges and agrees that the subordination, nondisturbance and attornment agreement in form and of content as Exhibit 2 attached hereto is commercially reasonable and is reasonably acceptable to Lessee. The obligations of Lessor and Lessee under this Lease are conditioned upon receipt by Lessor, on or before December 15, 2000, of (1) written approval from San Diego National. Bank (i.e., Lessor's lender) ("Lender") of the terms of this Lease and (2) a nondisturbance agreement signed by Lender in a form reasonably acceptable to Lessee. If on or before December 15, 2000, Lender fails to deliver written approval of this Lease and a signed nondisturbance agreement reasonably acceptable to Lessee, then the following shall apply:
Attornment and Nondisturbance. If and only if (a) the Lease is in full force and effect; (b) Tenant is not in default of any of its obligations under the Lease beyond any applicable notice and cure period; (c) Tenant is not in default beyond applicable notice and cure periods in performing its obligations under this Agreement; and (d) if an Enforcement Proceeding has been completed, Tenant has attorned (or attorns prior to the sale of Landlord's Estate pursuant to such Enforcement Proceeding) to Senior Estate Holder as required by this Agreement then, subject to the terms and conditions of this Agreement, Senior Estate Holder shall not name or join Tenant as a defendant in any Enforcement Proceeding unless such joinder is required by law in order to perfect such Enforcement Proceeding. In addition: (i) Tenant shall recognize and attorn to Senior Estate Holder as Tenant's direct Landlord under the Lease; (ii) Senior Estate Holder shall honor the Lease and Tenant's rights thereunder; (iii) the Lease and Tenant's rights thereunder shall continue in full force and effect as a direct lease between Senior Estate Holder and Tenant in accordance with the terms of the Lease and shall not be terminated or disturbed, except in accordance with the terms of the Lease; (iv) neither the commencement nor the completion of Senior Estate Holder's Enforcement Proceeding shall terminate the Lease or disturb Tenant in the possession and use of Tenant's Premises; (v) Tenant shall have the same remedies against Senior Estate Holder for the breach of the Lease that Tenant would have had against Landlord if the Enforcement Proceeding had not been completed; and (vi) Senior Estate Holder shall have the same remedies against Tenant for Tenant's breach of the Lease that Landlord would have had against Tenant if the Enforcement Proceeding had not been completed ("i" through "vi," collectively, an "ATTORNMENT").
