Common use of Delivery of Non-Disturbance Agreement Clause in Contracts

Delivery of Non-Disturbance Agreement. It is a condition precedent to Tenant’s obligations under this Lease that on the Commencement Date (i) Tenant shall have received from any lender to Landlord a duly executed and acknowledged agreement in form reasonably acceptable to Tenant, and in form suitable for recording, whereby such lender agrees that such lender shall consent to this Lease and warrant that Tenant’s possession and right of use under this Lease in and to the Leased Premises shall not be disturbed by such holder unless and until Tenant shall breach any of the provisions hereof and this Lease or Tenant’s right to possession hereunder shall have been terminated in accordance with the provisions of this Lease, and (ii) such agreement shall be recorded against the Property.

Appears in 2 contracts

Samples: Lease (Peak Resorts Inc), Lease (Peak Resorts Inc)

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Delivery of Non-Disturbance Agreement. It is a condition precedent to Tenant’s 's obligations under this Lease that on the Commencement Date (i) Tenant shall have received from any lender to Landlord a duly executed and acknowledged agreement in form reasonably acceptable to Tenant, and in form suitable for recording, whereby such lender agrees that such lender shall consent to this Lease and warrant that Tenant’s 's possession and right of use under this Lease in and to the Leased Premises shall not be disturbed by such holder unless and until Tenant shall breach any of the provisions hereof and this Lease or Tenant’s 's right to possession hereunder shall have been terminated in accordance with the provisions of this Lease, and (ii) such agreement shall be recorded against the Property.

Appears in 2 contracts

Samples: Lease (Blue Ridge Real Estate Co), Lease (Blue Ridge Real Estate Co)

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Delivery of Non-Disturbance Agreement. It is a condition precedent to Tenant’s obligations under this Lease that on the Commencement Date (i) Tenant shall have received from any lender to Landlord whose loan is an Approved Title Exception a duly executed and acknowledged agreement in form reasonably acceptable to Tenant, and in form suitable for recording, whereby such lender agrees that such lender shall consent to this Lease and warrant that Tenant’s possession and right of use under this Lease in and to the Leased Premises demised premises shall not be disturbed by such holder unless and until Tenant shall breach any of the provisions hereof and this Lease or Tenant’s right to possession hereunder shall have been terminated in accordance with the provisions of this Lease, and (ii) such agreement shall be recorded against the Property.

Appears in 2 contracts

Samples: Ground Lease (Peak Resorts Inc), Ground Lease (Peak Resorts Inc)

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