Common use of Attornment by Tenant Clause in Contracts

Attornment by Tenant. Tenant does hereby agree with Lender that, in -------------------- the event Lender becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, then Tenant shall attorn to and recognize Lender as the landlord under the Lease for the remainder of the term thereof, and Tenant shall perform and observe its obligations thereunder, subject only to the terms and conditions of the Lease. In such event, Lender shall not be liable for any act or omission of any prior landlord, liable for return of the security deposit unless same was actually delivered to Lender, bound by any amendment to or assignment of the Lease made without its consent, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior landlord. Tenant further covenants and agrees to execute and deliver upon request of Lender or its assigns, an appropriate Agreement of Attornment to Lender and any subsequent titleholder of the Premises.

Appears in 6 contracts

Samples: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit), Real Property Purchase Agreement (Capital Automotive Reit)

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Attornment by Tenant. Tenant does hereby agree with Lender Trustee that, in -------------------- the event Lender Trustee becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, then Tenant shall attorn to and recognize Lender Trustee as the landlord under the Lease for the remainder of the term thereof, and Tenant shall perform and observe its obligations thereunder, subject only to the terms and conditions of the Lease. In such event, Lender Trustee shall not be liable for any act or omission of any prior landlord, liable for return of the security deposit unless same was actually delivered to LenderTrustee, bound by any amendment or modification to or consent or waiver under or assignment of the Lease made without its consentconsent except to the extent permitted without Trustee’s consent pursuant to the Indenture, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior landlordlandlord except as set forth in paragraph 2 above. Tenant further covenants and agrees to execute and deliver upon request of Lender Trustee or its assigns, an appropriate Agreement of Attornment to Lender Trustee and any subsequent titleholder of the PremisesPremises reflecting the maters contained in this paragraph 3.

Appears in 6 contracts

Samples: Property Management and Servicing Agreement (Store Capital LLC), Eighth Amended and Restated Property Management and Servicing Agreement (Store Capital LLC), Indenture Agreement (STORE CAPITAL Corp)

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Attornment by Tenant. Tenant does hereby agree with Lender Trustee that, in -------------------- the event Lender Trustee becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, then Tenant shall attorn to and recognize Lender Trustee as the landlord under the Lease for the remainder of the term thereof, and Tenant shall perform and observe its obligations thereunder, subject only to the terms and conditions of the Lease. In such event, Lender Trustee shall not be liable for any act or omission of any prior landlord, liable for return of the security deposit unless same was actually delivered to LenderTrustee, bound by any amendment or modification to or consent or waiver under or assignment of the Lease made without its consentconsent except to the extent permitted without Trustee’s consent pursuant to the Credit Agreement, bound by any rent paid more than thirty (30) days in advance, or be subject to any set-off or defense Tenant might have had against any prior landlordlandlord except as set forth in paragraph 2 above. Tenant further covenants and agrees to execute and deliver upon request of Lender Trustee or its assigns, an appropriate Agreement of Attornment to Lender Trustee and any subsequent titleholder of the PremisesPremises reflecting the maters contained in this paragraph 3.

Appears in 1 contract

Samples: Property Management and Servicing Agreement (STORE CAPITAL Corp)

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