Common use of Attornment and Subordination Clause in Contracts

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 curing of such default (including time to obtain possession of the Premises by legal proceedings) before exercising Tenant's rights of self-help under this Lease, if any, or terminating or declaring a default under this Lease.

Attornment and Subordination. 17.01A. Subject to the provisions in subsection B hereof, this Lease, and the rights of Tenant hereunder, shall be subject or subordinate to any mortgages which now are or may hereafter be placed upon the Property or any portion thereof (a "mortgage") or any interest therein or to any leases (hereinafter called "underlying leases") of the Property as a whole which now exist or may hereafter be made (any holder of any such mortgage, or landlord with respect to any underlying lease being hereinafter called an "Interested Party"). In The terms of this Subordination shall be self-operative, provided, however, that Tenant shall execute such documents as may be requested by Landlord in order to confirm this Subordination from time to time. Any failure by Tenant to execute any such documents shall be a default hereunder. B. Upon the request of Tenant, any Interested Party shall provide to Tenant its written agreement providing substantially as follows: so long as Tenant has not defaulted under this Lease; (I) Tenant's rights shall not be terminated or disturbed by reason of any foreclosure of such mortgage or termination of such underlying lease; (II) in the event that the property containing the Demised Premises is sold or otherwise disposed of pursuant to any right or power contained in or existing by reason of any such mortgage or the bond, note or debt secured thereby, the purchaser thereof or other person acquiring title thereto through or by virtue of such sale or other transfer by Landlord disposition shall take title thereto subject to this Lease and all rights of Tenant hereunder; (III) upon termination of any such underlying lease, that lessor shall accept Tenant's attornment upon all the terms and conditions of this Lease for the balance of the Premisesterm hereof. Any such written agreement shall also reserve to the Interested Party the rights specified in section D hereof. C. Upon any foreclosure sale on any such mortgage or termination of any underlying lease, which if the holder of the mortgage or other purchaser at foreclosure sale or transfer involves the assignment and/or transfer of Landlord's interest in this Leaseany lessor with respect to any underlying lease shall so request, then Tenant shall attorn to such holder, purchaser and/or assignee or transferee lessor as Tenant's landlord under this Lease and shall promptly execute and deliver any instrument that such holder, purchaser or lessor may reasonably request to evidence such attornment. Upon such attornment, this Lease shall continue in full force and effect as a direct lease between such holder, purchaser or lessor and Tenant upon any such sale or transfer all of the terms, conditions and recognize such purchaser, assignee or transferee covenants as Landlord under are set forth in this Lease. 17.02. Upon D. In the request event that the holder of such mortgage or the lessor under such underlying lease shall succeed to the interest of Landlord hereunder, such Interested Party shall not be: (i) liable for any act or omission of any interested partyprior landlord (including Landlord); (ii) liable for the return of any security deposit not actually received by it; (iii) subject to any offsets or defenses which Tenant might have against any prior Landlord (including Landlord); (iv) bound by any Rent or Additional Rent which Tenant might have paid for more than the current month to any prior Landlord (including Landlord); or (v) bound by an amendment or modification of this Lease made without its written consent. E. Within ten (10) days after written request from Landlord from time to time, 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 to Landlord, or instruments subordinating Landlord's designee, a written statement certifying, (i) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (ii) the amount of Minimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Landlord is not in default hereunder or, if Landlord is claimed to be in default, stating the lien nature of any such mortgageclaimed default; (iv) the amount of security deposit landlord is holding and (v) any options to renew or purchase that tenant may have. Within ten (10) days after written request from Tenant from time to time, deed Landlord shall execute and deliver to Tenant, or Tenant's designee, a written statement certifying, (i) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (ii) the amount of trustMinimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Tenant is not in default hereunder, security interest or encumbrance as shall if Tenant is claimed to be requested by Landlord and/or any mortgagee or proposed mortgagee. 17.04. Upon written demand by in default, stating the holder nature 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 curing of such default (including time to obtain possession of the Premises by legal proceedings) before exercising Tenant's rights of self-help under this Lease, if any, or terminating or declaring a default under this Leaseclaimed default.

Attornment and Subordination. 17.01A. Subject to the provisions in subsection B hereof, this Lease, and the rights of Tenant hereunder, shall be subject or subordinate to any mortgages which now are or may hereafter be placed upon the Property or any portion hereof (a "mortgage") or any interest therein or to any leases (hereinafter called "underlying leases") of the Property as a whole which now exist or may hereafter be made (any holder of any such mortgage, or landlord with respect to any underlying lease being hereinafter called an "Interested Party"). In The terms at this Subordination shall be self operative, provided however, that Tenant shall execute such documents as may be requested by Landlord in order to confirm this Subordination from time to time. Any failure by Tenant to execute any such documents shall be a default hereunder. B. Upon the request of Tenant, any interested Party shall xxxxxde to Tenant its written agreement providing substantially as follows: so long as Tenant has not defaulted under this Lease; (I) Tenant's rights shall not be terminated or disturbed by reason of any foreclosure of such mortgage or termination of such underlying lease: (II) in the event that the property containing the Demised Premises is sold or otherwise disposed of pursuant to any right or power contained in or existing by reason of any such mortgage or the bond, note or debt secured thereby, the purchaser thereof or other person acquiring title thereto through or by virtue of such sale or other transfer by Landlord disposition shall take title thereto subject to this Lease and all rights of Tenant hereunder; (III) upon termination of any such underlying lease, that lessor shall accept Tenant's attornment upon all the txxxx xnd conditions of this Lease for the balance of the Premisesterm hereof. Any such written agreement shall also reserve to the Interested Party the rights specified in section D hereof. C. Upon any foreclosure sale on any such mortgage or termination of any underlying lease, which if the holder of the mortgage or other purchaser at foreclosure sale or transfer involves the assignment and/or transfer of Landlord's interest in this Leaseany lessor with respect to any underlying lease shall so request, then Tenant shall attorn to such holder, purchaser and/or assignee or transferee lessor as Tenant's landlord under this lease and shall promptly execute and deliver any instrument that such holder, purchaser or lessor may reasonably request to evidence such attornment. Upon such attornment, this Lease shall continue in full force and effect as a direct lease between such holder, purchaser or lessor and Tenant upon any such sale or transfer all of the terms, conditions and recognize such purchaser, assignee or transferee covenants as Landlord under are set forth in this Lease. 17.02. Upon D. In the request event that the holder of such mortgage or the lessor under such underlying lease shall succeed to the interest of Landlord hereunder, such Interested Party shall not be: (i) liable for any act or omission of any interested partyprior landlord (including Landlord); (ii) liable for the return of any security deposit not actually received by it; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord); (iv) bound by any Rent or Additional Rent which Tenant might have paid for more than the current month to any prior landlord (including Landlord); or (v) bound by an amendment or modification of this Lease made without its written consent. E. Within ten (10) days after written request from Landlord from time to time, 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 to Landlord, or instruments subordinating Landlord's designee, a written statement certifying, (i) that this Lease is unmodified and in full force and effect, or is in full force and effect, as modified and stating the modifications; (ii) the amount of Minimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Landlord is not in default hereunder or, if Landlord is claimed to be in defauxx, xxxxing the lien nature of any such mortgageclaimed default; (iv) the amount of security deposit Landlord is holding and (v) any options to renew or purchase that tenant may have. Within ten (10) days after written request from Tenant from time to time, deed Landlord shall execute and deliver to Tenant, or Tenant's designee, a written statexxxx xertifying, (i) that this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (ii) the amount of trustMinimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Tenant is not in default hereunder, security interest or encumbrance as shall if Tenant's claimed to be requested by Landlord and/or any mortgagee or proposed mortgagee. 17.04. Upon written demand by in default, xxxxxng the holder nature 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 curing of such default (including time to obtain possession of the Premises by legal proceedings) before exercising Tenant's rights of self-help under this Lease, if any, or terminating or declaring a default under this Leaseclaimed default.

Attornment and Subordination. 17.01. In A. Subject to the event of any sale or other transfer by Landlord of the Premisesprovisions in subsection B hereof, which sale or transfer involves the assignment and/or transfer of Landlord's interest in this Lease, then and the rights of Tenant shall attorn to such purchaser and/or assignee or transferee upon any such sale or transfer and recognize such purchaserhereunder, 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 or subordinate in law and equity to any existing mortgages which now are or future may hereafter be placed upon the Property or any portion thereof (a "mortgage") or any interest therein or to any leases (hereinafter called "underlying leases") of the Property as a whole which now exist or may hereafter be made (any holder of any such mortgage, deed or landlord with respect to any underlying lease being hereinafter called an "Interested Party"). The terms 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 this Subordination shall be included with any adjoining premisesself-operative; provided, however, that Tenant shall execute such documents as may be requested by Landlord in each order to confirm this Subordination from time to time. Any failure by Tenant to execute any such case Landlord documents shall cause be a default hereunder. B. Upon the holder request of Tenant, any Interested Party shall xxxxxde to Tenant its written agreement providing substantially as follows: so long as Tenant has not defaulted under this Lease (I) Tenant's rights shall not be terminated or disturbed by reason of any foreclosure of such mortgage or termination of such underlying lease; (II) in the event that the property containing the Demised Premises is sold or otherwise disposed of pursuant to any right or power contained in or existing by reason of any such mortgage or similar instrument the bond, note or debt secured thereby, the purchaser thereof or other person acquiring title thereto through or by virtue of such sale or other disposition shall take title thereto subject to agree in writing that in the event this Lease and all rights of Tenant hereunder; (III) upon termination of any sale such underlying lease, that lessor shall accept Tenant's attornment upon all the terms and conditions of this Lease for the balance of the Premises under term hereof. Any such written agreement shall also reserve to the Interested Party the rights specified in section D hereof. C. Upon any foreclosure proceedings instituted sale on said holder's any such mortgage or deed termination of trustany underlying lease, if the holder of the mortgage or voluntary transfer in lieu thereofother purchaser at foreclosure sale or any lessor with respect to any underlying lease shall so request, Tenant shall attorn to such holder, purchaser or lessor as Tenant's landlord under this Lease and shall promptly execute and deliver any instrument that such holder, purchaser or lessor may reasonably request to evidence such attornment. Upon such attornment, this Lease shall continue in full force and effect as a direct lease between such holder, purchaser or lessor and Tenant upon all of the terms, conditions and covenants as are set forth in this Lease. D. In the event that the holder of such mortgage or the lessor under such underlying lease shall succeed to the interest of Landlord hereunder, such Interested Party shall not be divested be: (1) liable for any act or in omission of any way affected so long as prior landlord (including Landlord); (ii) liable for the return of any Security Deposit not actually received by it; (iii) subject to any offsets or defenses which Tenant might have against any prior landlord (including Landlord); (iv) bound by any Rent or Additional Rent which Tenant might have paid for more than the current month to any prior landlord (including Landlord); or (v) bound by an amendment or modification of this Lease made without its written consent. E. Within ten (10) days after written request from Landlord from time to time, 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 to Landlord, or instruments subordinating Landlord's designee, a written statement certifying, (i) that, this Lease is unmodified and in full force and effect, or is in full force and effect as modified and stating the modifications; (ii) the amount of Minimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Landlord is not in default hereunder or, if Landlord is claimed to be in defauxx, xxxxing the lien nature of any such mortgageclaimed default; (iv) the amount of Security Deposit Landlord is holding and (v) any options to renew or purchase that Tenant may have. Within ten (10) days after written request from Tenant from time to time, deed Landlord shall execute and deliver to Tenant, or Tenant's designee, a written statexxxx xertifying, (i) that this Lease is unmodified and in full force and effect, or is in full force and affect as modified and stating the modification; (ii) the amount of trustMinimum Annual Rent and the date to which Minimum Annual Rent and Additional Rent have been paid in advance; and (iii) that Tenant is not in default hereunder, security interest or encumbrance as shall if Tenant is claimed to be requested by Landlord and/or any mortgagee or proposed mortgagee. 17.04. Upon written demand by in default, xxxxing the holder nature 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 curing of such default (including time to obtain possession of the Premises by legal proceedings) before exercising Tenant's rights of self-help under this Lease, if any, or terminating or declaring a default under this Leaseclaimed default.