Attornment by Tenant. If the interests of Landlord in and to the Demised Premises are owned by Beneficiary by reason of judicial foreclosure, private trustee sale or other proceedings brought by it or by any other manner, including, but not limited to, Beneficiary’s exercise of its rights under any collateral assignment(s) of leases and rents, and Beneficiary succeeds to the interest of the Landlord under the Lease, Tenant shall be bound to Beneficiary under all of the terms, covenants and conditions of the Lease for the balance of the term thereof remaining and any extension thereof duly exercised by Tenant with the same force and effect as if Beneficiary were the Landlord under the Lease. Tenant does hereby attorn to Beneficiary, as its Landlord, said attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon Beneficiary’s succeeding to the interest of the Landlord under the Lease. Landlord hereby authorizes and directs Tenant to deliver payment to Beneficiary upon receipt of written notice and shall indemnify and hold Tenant harmless from any loss, cost, expense or claim incurred by Tenant in connection with its compliance with this provision. The respective rights and obligations of Tenant and Beneficiary upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extension, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference, with the same force and effect as if set forth at length herein.
Appears in 2 contracts
Samples: Lease Agreement, And Restated Lease Agreement (Global Medical REIT Inc.)
Attornment by Tenant. If at any time during the interests term of this Lease Landlord in hereunder shall be the holder of a leasehold estate covering premises which include the Premises and if such leasehold estate shall be canceled or otherwise terminated prior to the Demised Premises are owned by Beneficiary by reason expiration date thereof and prior to the expiration of judicial foreclosurethe term of this Lease or in the event of the surrender thereof whether voluntary, private trustee sale or other proceedings brought by it involuntary or by any other manner, including, but not limited to, Beneficiary’s exercise operation of its rights under any collateral assignment(s) of leases and rents, and Beneficiary succeeds to the interest of the Landlord under the Leaselaw, Tenant shall be bound make full and complete attornment to Beneficiary under all the lessor of the terms, covenants and conditions of the Lease such leasehold estate for the balance of the term thereof remaining of this Lease upon the same covenants and any extension thereof duly exercised by conditions as are contained herein so as to establish direct privity between such lessor and Tenant and with the same force and effect as if Beneficiary were though this Lease was made directly from such lessor to the Tenant. Tenant shall make all rent payments thereafter directly to such lessor. In the event any proceedings are brought for the foreclosure of, or in the event of conveyance by deed in lieu of foreclosure of, or in the event of exercises of the power of sale under any mortgage or deed of trust made by Landlord covering the leases Premises, or in the event Landlord sells, conveys or otherwise transfers its interest in the Building or any portion thereof containing the leased Premises, Tenant shall attorn to and hereby covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and recognizes such successor as the Landlord under the this Lease. Tenant does hereby attorn to Beneficiary, as its Landlord, said attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon Beneficiary’s succeeding to the interest of the Landlord under the Lease. Landlord hereby authorizes and directs Tenant to deliver payment to Beneficiary upon receipt of written notice and shall indemnify and hold Tenant harmless from any loss, cost, expense or claim incurred by Tenant in connection with its compliance with this provision. The respective rights and obligations of Tenant and Beneficiary upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extension, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference, with the same force and effect as if set forth at length herein.
Appears in 1 contract
Samples: Office Space Lease (Broadview Networks Holdings Inc)
Attornment by Tenant. If at any time during the interests term of this Lease Landlord in hereunder shall be the holder of a leasehold estate covering premises which include the Premises and if such leasehold estate shall be cancelled or otherwise terminated prior to the Demised Premises are owned by Beneficiary by reason expiration date thereof and prior to the expiration of judicial foreclosurethe term of this Lease or in the event of the surrender thereof whether voluntary, private trustee sale or other proceedings brought by it involuntary or by any other manner, including, but not limited to, Beneficiary’s exercise operation of its rights under any collateral assignment(s) of leases and rents, and Beneficiary succeeds to the interest of the Landlord under the Leaselaw, Tenant shall be bound make full and complete attornment to Beneficiary under all the lessor of the terms, covenants and conditions of the Lease such leasehold estate for the balance of the term thereof remaining of this Lease upon the same covenants and any extension thereof duly exercised by conditions as are contained herein upon the written assumption of the respective lessor of all of the obligations of "Landlord" hereunder (a copy of which must be provided to Tenant), so as to establish direct privity between such lessor and Tenant and with the same force and effect as if Beneficiary were though this Lease was made directly from such lessor to the Tenant. As of the effective date of the assumption, Tenant shall make all rent payments thereafter directly to such lessor, and Landlord waives any right to recover the same from Tenant. In the event any proceedings are brought for the foreclosure of, or in the event of conveyance by deed in lieu of foreclosure of, or in the event of exercises of the power of sale under any mortgage or deed of trust made by Landlord covering the leases Premises, or in the event Landlord sells, conveys or otherwise transfers its interest in the Building or any portion thereof containing the leased Premises, upon Tenant's receipt of evidence that the respective transferee has assumed all of the obligations of "Landlord" under this Lease, Tenant shall attorn to and hereby covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and recognizes such successor as the Landlord under the this Lease. Tenant does hereby attorn to Beneficiary, as its Landlord, said attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon Beneficiary’s succeeding to the interest of the Landlord under the Lease. Landlord hereby authorizes and directs Tenant to deliver payment to Beneficiary upon receipt of written notice and shall indemnify and hold Tenant harmless from any loss, cost, expense or claim incurred by Tenant in connection with its compliance with this provision. The respective rights and obligations of Tenant and Beneficiary upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extension, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference, with the same force and effect as if set forth at length herein.
Appears in 1 contract
Attornment by Tenant. If at any time during the interests term of this Lease Landlord in hereunder shall be the holder of a leasehold estate covering premises which include the Premises and if such leasehold estate shall be cancelled or otherwise terminated prior to the Demised Premises are owned by Beneficiary by reason expiration date thereof and prior to the expiration of judicial foreclosurethe term of this Lease or in the event of the surrender thereof whether voluntary, private trustee sale or other proceedings brought by it involuntary or by any other manner, including, but not limited to, Beneficiary’s exercise operation of its rights under any collateral assignment(s) of leases and rents, and Beneficiary succeeds to the interest of the Landlord under the Leaselaw, Tenant shall be bound make full and complete attornment to Beneficiary under all the lessor of the terms, covenants and conditions of the Lease such leasehold estate for the balance of the term thereof remaining of this Lease upon the same covenants and any extension thereof duly exercised by conditions as are contained herein so as to establish direct privity between such lessor and Tenant and with the same force and effect as if Beneficiary were though this Lease was made directly from such lessor to the Tenant. Tenant shall make all rent payments thereafter directly to such, lessor. In the event any proceedings are brought for the foreclosure of, or in the event of conveyance by deed in lieu of foreclosure of, or in the event of exercises of the power of sale under any mortgage or deed or trust made by Landlord covering the leases Premises, or in the event Landlord sells, conveys or otherwise transfers its interest in the Building or any portion thereof containing the leased Premises, Tenant shall attorn to and hereby covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and recognizes such successor as the Landlord under the this Lease. Tenant does hereby attorn to Beneficiary, as its Landlord, said attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon Beneficiary’s succeeding to the interest of the Landlord under the Lease. Landlord hereby authorizes and directs Tenant to deliver payment to Beneficiary upon receipt of written notice and shall indemnify and hold Tenant harmless from any loss, cost, expense or claim incurred by Tenant in connection with its compliance with this provision. The respective rights and obligations of Tenant and Beneficiary upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extension, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference, with the same force and effect as if set forth at length herein.
Appears in 1 contract
Samples: Broadview Networks Holdings Inc
Attornment by Tenant. If at any time during the interests term of this Lease the Landlord in hereunder shall be the holder of a leasehold estate covering premises which include the Premises, and if such leasehold estate shall be canceled or otherwise terminated prior to the Demised Premises are owned by Beneficiary by reason expiration date thereof and prior to the expiration of judicial foreclosurethe term of this Lease, private trustee sale or other proceedings brought by it in the event of the surrender thereof whether voluntary, involuntary or by any other manner, including, but not limited to, Beneficiary’s exercise operation of its rights under any collateral assignment(s) of leases and rents, and Beneficiary succeeds to the interest of the Landlord under the Leaselaw, Tenant shall be bound make full and complete attornment to Beneficiary under all the lessor of the terms, covenants and conditions of the Lease such leasehold estate for the balance of the term thereof remaining of this Lease upon the same covenants and any extension thereof duly exercised by conditions as are contained herein so as to establish direct privity between such lessor and Tenant and with the same force and effect as if Beneficiary were though this Lease was made directly from such lessor to Tenant. Tenant shall then make all rent payments thereafter directly to such lessor. In the event any proceedings are brought for the foreclosure of, or in the event of conveyance by deed in lieu of foreclosure of, or in the event of the exercise of the power of sale under, any mortgage or deed of trust made by Landlord covering the Premises, or in the event Landlord sells, conveys or otherwise transfers its interest in the Shopping Center or any portion thereof containing the Premises, Tenant shall attorn to and hereby covenants and agrees to execute an instrument in writing reasonably satisfactory to the new owner whereby Tenant attorns to such successor in interest and recognizes such successor as the Landlord under the this Lease. Tenant does hereby attorn to Beneficiary, as its Landlord, said attornment to be effective and self-operative, without the execution of any further instruments on the part of any of the parties hereto, immediately upon Beneficiary’s succeeding to the interest of the Landlord under the Lease. Landlord hereby authorizes and directs Tenant to deliver payment to Beneficiary upon receipt of written notice and shall indemnify and hold Tenant harmless from any loss, cost, expense or claim incurred by Tenant in connection with its compliance with this provision. The respective rights and obligations of Tenant and Beneficiary upon such attornment, to the extent of the then remaining balance of the term of the Lease and any such extension, shall be and are the same as now set forth therein, it being the intention of the parties hereto for this purpose to incorporate the Lease in this Agreement by reference, with the same force and effect as if set forth at length herein.
Appears in 1 contract
Samples: Center Lease (Headliners Entertainment Group, Inc.)