Attornment and Subordination. (a) In the event of the exercise of any power of sale under the provisions of any mortgage or deed of trust now or hereafter encumbering the Premises, Tenant agrees that it shall attorn to the purchaser at such sale and that it shall recognize such purchaser as Landlord under the terms and provisions of this Lease and shall continue this Lease in full force and effect regardless of whether such mortgage or deed of trust was superior or subordinate to this Lease, provided such purchaser recognizes Tenant hereunder; and provided further that in the event Landlord shall default in any payment due in respect of such mortgage, Tenant shall have the right under Landlord's mortgage, but not the obligation, upon ten (10) days written notice from either Landlord or Landlord's mortgagee to pay such amount due and thereby cure such default. Landlord further agrees that it shall execute and deliver no mortgage on the Demised Premises purporting to limit and prohibit Tenant from collaterally assigning this Lease or its leasehold interest arising hereunder as security for Tenant's financing.
(b) Tenant agrees that this Lease shall be and is subordinate to any deeds of trust or mortgages now or hereafter encumbering the land and buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land on which the Demised Premises is situated.
(c) Upon request by Landlord, Tenant agrees to promptly enter into and deliver to Landlord such written instruments in form reasonably acceptable to Landlord and its mortgagee which confirm the above subordination and effect the above attornment.
Attornment and Subordination. 17.01. In the event of any sale or other transfer by Landlord of the Premises, which sale or transfer involves the assignment and/or transfer of Landlord's interest in this Lease, then Tenant shall attorn to such purchaser and/or assignee or transferee upon any such sale or transfer and recognize such purchaser, assignee or transferee as Landlord under this Lease.
17.02. Upon the request of any interested party, Tenant shall execute, acknowledge and deliver an instrument, in form and substance satisfactory to such party, evidencing the attornment provided for above.
17.03. Landlord reserves the right to subject and to subordinate this Lease and any modification thereof at all times to the lien of any mortgage, deed of trust or other security interest in or on the Premises. Therefore, this Lease and any modification thereof shall be subject and subordinate in law and equity to any existing or future mortgage, deed of trust, security interest or other encumbrance placed by Landlord, its successors and assigns, upon Landlord's interest in the Premises or upon any portion of the Premises or which may be included with any adjoining premises; provided, however, that in each such case Landlord shall cause the holder of any such mortgage or similar instrument to agree in writing that in the event of any sale of the Premises under foreclosure proceedings instituted on said holder's mortgage or deed of trust, or voluntary transfer in lieu thereof, this Lease shall not be divested or in any way affected so long as Tenant shall not be in default under the terms of this Lease. Tenant covenants and agrees to execute and deliver upon demand such further instrument or instruments subordinating this Lease to the lien of any such mortgage, deed of trust, security interest or encumbrance as shall be requested by Landlord and/or any mortgagee or proposed mortgagee.
17.04. Upon written demand by the holder of any mortgage, deed of trust, security interest or other encumbrance covering any part of the Premises, Tenant shall forthwith execute, acknowledge and deliver an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the c...
Attornment and Subordination. In the event that the Lessor transfers all the rights and interests of the leased premises to a new owner as collateral for a pending loan or sells the leased premises as a normal sale, the Lessee shall continue issuing monthly rent payments to the new owner. The Lessee shall acknowledge any amendments made in this Lease Agreement by the new owner and failure to execute such may constitute eviction.
Attornment and Subordination. All rights and interests of Tenant hereunder are and shall be and remain subject, subordinate and inferior to all mortgages, heretofore or hereafter given and encumbering the premises, or any part thereof, and shall likewise be subordinate and inferior to all renewals, modifications, consolidations, replacements and extensions of any such mortgage, and the right of the holder of any such mortgage shall at all times be and remain prior and superior to all rights and interests of Tenant. This provision shall operate as a subordination agreement with respect to all such mortgages and all renewals, modifications, consolidations, replacements and extensions thereof. If the holder of any such mortgage or any person, firm or corporation agreeing to not take a loan secured by a mortgage on the premises shall require confirmation of any subordination for which provision is herein made or a separate subordination agreement with respect to any mortgage transaction, Tenant shall execute such confirmation or subordination agreement in the form required by such mortgage holder or other person, firm or corporation agreeing to make a loan secured by a mortgage on the premises, and the execution of the same shall not diminish or affect the liability of Tenant hereunder or of any other party responsible for or guaranteeing the obligations of Tenant under this lease.
Attornment and Subordination. Tenant agrees to subordinate this Agreement and its leasehold interest to the lien of any deeds of trust, mortgages of the lien resulting from any other method of financing or refinancing placed upon the Premises by the Landlord with a reputable lending institution authorized to do business in the State of Florida, to any advances made thereunder and to all other amounts secured thereby, and all renewals, replacements, modifications, consolidations and extensions thereof. Provided, however, such subordinations shall only be effective if the Landlord first obtains an agreement for the benefit of the Tenant from the proposed mortgagee, beneficiary or secured party to the effect that upon obtaining title to the Premises through foreclosure, conveyance in lieu of foreclosure or otherwise, such mortgagee, beneficiary or third party shall be substituted for the Landlord hereunder, and such mortgagee, beneficiary or secured party and the Tenant shall be in the relationship of landlord tenant under the provisions of this Agreement, and this Agreement shall remain in full force and effect.
Attornment and Subordination. (A) In the event any proceedings are brought for the foreclosure of, or in the event of the conveyance by deed in lieu of foreclosure of, or in the event of exercise of the power of sale under, any mortgage made by Lessor covering the Premises, or in the event Lessor sells, conveys or otherwise transfers its interest in the Facility or any portion thereof containing the Premises, this Lease shall remain in full force and effect and Lessee hereby attorns to and covenants and agrees to execute an instrument in writing reasonable satisfactory to the new owner whereby Xxxxxx attorns to such successor in interest and recognizes such successor as the Lessor under this Lease. Payment by or performance of this Lease by any person, firm or corporation claiming an interest in this Lease or the Premises by, through or under Lessee without Lessor’s consent in writing shall not constitute an attornment or create any interest in this Lease or the Premises. The new owner (including any lender) may, at its option, accept or reject such attornment.
Attornment and Subordination. Tenant agrees to subordinate this Lease and its leasehold interest to the lien of any mortgages or the lien resulting from any other method of financing or refinancing placed upon the Premises by the City with any institutional lender (including without limitation any bond related financing), to any advances made thereunder and to all other amounts secured thereby, and all renewals, replacements, modifications, consolidations and extensions thereof and to supply any customary subordination, non-disturbance and attornment agreement ("SNDA") within fifteen (15) days after receipt of a request of City for the same. Provided, however, any such SNDA shall only be effective if the City includes in any such SNDA or therewith obtains an agreement for the benefit of the Tenant from the proposed mortgagee, beneficiary or secured party to the effect that upon obtaining title to the Premises through foreclosure, conveyance in lieu of foreclosure or otherwise, such mortgagee, beneficiary or third party shall be substituted for the City hereunder, and such mortgagee, beneficiary or secured party and the Tenant shall be in the relationship of City and tenant under the provisions of this Lease, and this Lease shall remain in full force and effect. Any such SNDA shall provide that any City's lender shall receive notice from Tenant of any default by City under this Lease and the right to cure any such City default within thirty (30) days after the lender's receipt of any such notice.
Attornment and Subordination. At any time and from time to time, Tenant agrees, within ten (10) days after request in writing from Landlord, to execute and deliver to Landlord, for the benefit of such persons as Landlord names in such request, a statement in writing and in form and substance satisfactory to Landlord certifying to the following information as Landlord shall request:
(A) This Lease constitutes the entire agreement between Landlord and Tenant and is unmodified and that this lease is in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications);
(B) The amount of and dates to which the rent and other charges hereunder have been paid and the amount of any security deposited with Landlord;
(C) The leased premises have been renovated on or before the date of such letter and that all conditions precedent to the Lease taking effect have been carried out;
(D) The tenant has accepted possession, that the lease term has commenced, that Tenant is occupying the leased premises and that Tenant knows of no default under the Lease by the Landlord, and that there are no defaults or offsets which Tenant has against enforcement of this Lease by Landlord (or, if in default, the nature thereof in detail);
(E) The actual Commencement Date of the Lease and Expiration Date of the Lease; and,
(F) The Tenant's business located in the leased premises is open and operating, provided all of the foregoing facts are true and ascertainable.
Attornment and Subordination. Tenant agrees to indemnify, protect and hold harmless Landlord from and against all liabilities and damages (a) arising from or out of any occurrence in, upon or at the Demised Premises or any part thereof, or the occupancy or use by Tenant of the Demised Premises, the Personal Property or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees or invitees in connection with the Demised Premises or the Personal Property during the term of this Lease, or any renewal hereof, or (b) related to any claims, assessments, charge backs or other expenses (whether owed to or assessed by a private or governmental party) arising in connection with the operation or other use of the Demised Premises or the Personal Property during the term of this Lease, or any renewal hereof.
Attornment and Subordination
