Common use of Attornment and Nondisturbance Clause in Contracts

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: (a) Any payment of Rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this Lease; (b) Any amendment or modification of this Lease made without the written consent of such successor in interest (if such consent was required under the terms of such Superior Lien); (c) Any claim against Landlord arising prior to the date on which such successor in interest succeeded to Landlord's interest; or (d) Any claim or offset against Rent. Upon request by such successor in interest and without cost to Landlord or such successor in interest, Tenant shall, within twenty (20) days after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor in interest will not disturb Tenant in its use of the Premises in accordance with, and as long as no event of default has occurred or continues under, this Lease.

Appears in 4 contracts

Samples: Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc), Lease Agreement (World Wide Magic Net Inc)

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Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien superior lien succeeds to Landlord's interest in the Premises, then, upon receipt of reasonable evidence of such succession, Tenant shall will pay to such holder all Rents 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 LeaseFurther, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien superior lien of the remedies provided for by law or by such Superior Liensuperior lien, Tenant shalltenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcementenforcement (a "SUCCESSOR LANDLORD") and receipt of reasonable evidence of such succession, automatically become the Tenant of and attorn to such successor in interest Successor Landlord without change in the terms or of provisions of this Lease. Such successor in interest shall Successor Landlord will not be bound by or liable forby: (aA) Any payment of Rent rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this the Lease; (bB) Any amendment or modification of this Lease made after Tenant's receipt of reasonable evidence of such succession without the written consent of such successor in interest (if such consent was required under the terms of such Superior Lien);Successor Landlord; or (cC) Any claim for damages against Landlord arising prior to the date on which such successor in interest Successor Landlord succeeded to Landlord's interest; or (d) Any claim provided, however, that this sentence shall not prohibit Tenant from offsetting rent or terminating this Lease, if Tenant is entitled to such offset against Rentor termination in this Lease herein or to any remedy that Tenant may be entitled to in law or equity. Upon request by such successor in interest Successor Landlord and without cost to Landlord or such successor in interestSuccessor Landlord, Tenant shallwill, within twenty TWENTY (20) days DAYS after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor in interest Successor Landlord will not disturb Tenant in its use of the Premises in accordance with, with this Lease and as long as no event of default has occurred or continues under, this Leaseis otherwise reasonably acceptable to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Innotrac Corp)

Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien superior lien succeeds to Landlord's interest in the Premises, Tenant shall will pay to such holder all Rents rents subsequently payable under this LeaseAgreement. 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 LeaseFurther, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien superior lien of the remedies provided for by law or by such Superior Liensuperior lien, Tenant shallwill, 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 LeaseAgreement. Such successor in interest shall will not be bound by or liable forby: (a) Any payment of Rent rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this LeaseAgreement; (b) Any amendment or modification of this Lease Agreement made without the written consent of such successor in interest (if such consent was required under the terms of such Superior Liensuperior lien); (c) Any claim against Landlord arising prior to the date on which such successor in interest succeeded to Landlord's interest; or (d) Any claim or offset of rent against Rentthe Landlord. Upon request by such successor in interest and without cost to Landlord or such successor in interest, Tenant shallwill, within twenty (20) 20 days after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor in interest will not disturb Tenant in its use of the Premises in accordance with, and as with this Agreement so long as no event Tenant is not in default of default has occurred or continues under, any of the terms of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bank of the Ozarks Inc)

Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien superior lien succeeds to Landlord's interest in the Premises, Tenant shall will pay to such holder all Rents 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 LeaseFurther, Tenant agrees that in the event of the enforcement by the holder of a Superior Lien superior lien of the remedies provided for by law or by such Superior Liensuperior lien, Tenant shallwill, 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 Terms or provisions of this Lease. Such successor in interest shall will not be bound by or liable forby: (a) Any payment of Rent rent for more than one (1) month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this Lease; (b) Any amendment or modification of this Lease made without the written consent of such successor in interest (if such consent was required under the terms Terms of such Superior Liensuperior lien); (c) Any claim against Landlord arising prior to the date on which such successor in interest succeeded to Landlord's interest; or (d) Any claim or offset of rent against Rentthe Landlord. Upon request by such successor in interest and without cost to Landlord or such successor in interest, Tenant shallwill, within twenty (20) days after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that such successor in interest will not disturb Tenant in its use of the Premises in accordance with, and as long as no event of default has occurred or continues under, with this Lease.

Appears in 1 contract

Samples: Office Lease (Eloquent Inc)

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Attornment and Nondisturbance. Tenant agrees that in the event that any holder of a Superior Lien superior lien succeeds to Landlord's interest in the Premises, Tenant shall will pay to such holder all Rents 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 LeaseFurther, Tenant agrees that in the event eve of the enforcement by the holder of a Superior Lien superior lien of the remedies provided for by law or by such Superior Liensuperior lien, Tenant shallwill, 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 attorney to such successor in interest without change in the terms or provisions of this Lease. Such successor in interest shall not will n be bound by or liable forby: (a) Any payment of Rent rent for more than one month in advance, except prepayments in the nature of security for the performance by Tenant of its obligations under this Lease; (b) Any amendment or modification of this Lease made without the written consent of such successor in interest (if such consent was required under the terms of such Superior Liensuperior lien); (c) Any claim against Landlord arising prior to the date on which such successor in interest succeeded to Landlord's interest; or (d) Any claim or offset of rent against Rentthe Landlord. Upon request by such successor in interest and without cost to Landlord or such successor in interest, Tenant shallwill, within twenty (20) 20 days after written demand, execute, acknowledge, and deliver an instrument or instruments confirming the attornment, so long as such instrument provides that the such successor in interest will not disturb Tenant in its use of the Premises in accordance with, and as long as no event of default has occurred or continues under, with this Lease.

Appears in 1 contract

Samples: Office Lease (Virage Logic Corp)

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