Common use of Attornment by Tenant Clause in Contracts

Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A above, in the event of the cancellation or termination of any or all ground or underlying leases affecting all or any part of the Leased Premises in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering the Leased Premises by trustees sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANT, at the request of the then landlord under the Lease, shall attorn to and recognize (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceled, and (b) the beneficiary or purchaser at the foreclosure sale, as TENANT's landlord under this Lease, and TENANT agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT hereby waives its right, if any, to elect to terminate the Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 2 contracts

Samples: Lease Agreement (Saint Andrews Golf Corp), Lease Agreement (Saint Andrews Golf Corp)

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Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A aboveGeneral Condition D, in the event of the cancellation or termination of any or all ground or underlying leases affecting all or any part of the Leased Premises in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering the Leased Premises by trustees trustee’s sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANTTenant, at the request of the then landlord under the Lease, shall attorn to and recognize (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceled, and (b) the beneficiary or purchaser at the foreclosure sale, as TENANT's Tenant’s landlord under this Lease, and TENANT Tenant agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT Tenant hereby waives its right, if any, to elect to terminate the Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 1 contract

Samples: Sublease Agreement (Responsys Inc)

Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A above, in In the event of the cancellation or termination -------------------- of any or all ground or underlying leases affecting all or any part of the Leased Premises Project in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering the Leased Premises Project by trustees trustee's sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANTTenant, at the request of the then landlord Landlord under the Lease, shall attorn to and recognize recognize: (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceledcancelled, and or (b) the beneficiary or purchaser at the foreclosure sale, as TENANTTenant's landlord Landlord under this the Lease, and TENANT Tenant agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT Tenant hereby waives its right, if any, to elect to terminate the Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A above, in In the event of the cancellation or termination of any or all ground or underlying leases affecting all or any part of the Leased Premises Project or the Property in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering the Leased Premises Project or the Property by trustees trustee’s sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANTTenant, at the request of the then landlord under the this Lease, shall attorn to and recognize (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceled, and (b) the beneficiary or purchaser at the foreclosure sale, as TENANT's Tenant’s landlord under this Lease, and TENANT Tenant agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT Tenant hereby waives its right, if any, to elect to terminate the this Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Gramercy Capital Corp)

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Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A above, in In the event of the cancellation or termination of any or all ground or underlying leases affecting all or any part of the Leased Premises Project in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering all or any part of the Leased Premises Project by trustees trustee's sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANTTenant, at the request of the then landlord Landlord under the Lease, shall attorn to and recognize (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceled, and (b) the beneficiary or purchaser at the foreclosure sale, as TENANTTenant's landlord under this the Lease, and TENANT Tenant agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT Tenant hereby waives its right, if any, to elect to terminate the Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Brilliant Digital Entertainment Inc)

Attornment by Tenant. Subject to PARAGRAPH NUMBERED 58A above, in In the event of the cancellation or termination of any or all ground or underlying leases affecting all or any part of the Leased Premises Project or the Property in accordance with its terms or by the surrender thereof, whether voluntary, involuntary or by operation of law, or by summary proceedings, or in the event of any foreclosure of any or all mortgages or deeds of trust encumbering the Leased Premises Project or the Property by trustees trustee's sale, voluntary agreement, deed in lieu of foreclosure, or by the commencement of any judicial action seeking foreclosure, TENANTTenant, at the request of the then landlord under the this Lease, shall attorn to and recognize (a) the ground or underlying lessor, under the ground or underlying lease being terminated or canceled, and (b) the beneficiary or purchaser at the foreclosure sale, as TENANTTenant's landlord under this Lease, and TENANT Tenant agrees to execute and deliver at any time upon request of such ground or underlying lessor, beneficiary, purchaser, or their successors, any instrument to further evidence such attornment. TENANT Tenant hereby waives its right, if any, to elect to terminate the this Lease or to surrender possession of the Leased Premises in the event of any such ground or underlying lease cancellation or termination or mortgage or deed of trust foreclosure.

Appears in 1 contract

Samples: Lease Agreement (Gramercy Capital Corp)

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