Common use of Evidence of Subordination; Delivery of Separate Documents and Instruments Clause in Contracts

Evidence of Subordination; Delivery of Separate Documents and Instruments. In addition, the Managers shall, within ten (10) days after receipt of written notice from Owner or any Mortgagee and/or lender under any Financing Instrument, execute, acknowledge and deliver any and all estoppel certificates and other documents (including, without limitation, a subordination agreement allowing any such Mortgagee and/or lender to terminate the Managers’ duties and obligations under this Agreement upon foreclosure) requested by Owner and/or Mortgagee and/or any lender under any Financing Instrument that subordinates or evidences the subordination of this Agreement and the Managers’ rights thereunder to any such Mortgage and/or Financing Instrument.

Appears in 2 contracts

Samples: Retail Management Agreement, Retail Management Agreement (CityCenter Holdings, LLC)

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Evidence of Subordination; Delivery of Separate Documents and Instruments. In addition, the Managers Operator shall, within ten (10) days after receipt of written notice from Owner or any Mortgagee and/or lender under any Financing Instrument, execute, acknowledge and deliver any and all estoppel certificates and other documents (including, without limitation, a subordination agreement allowing any such Mortgagee and/or lender to terminate the Managers’ Operator’s duties and obligations under this Agreement upon foreclosure) requested by the Owner and/or Mortgagee and/or any lender under any Financing Instrument that subordinates or evidences the subordination of this Agreement and the Managers’ Operator’s rights thereunder to any such Mortgage and/or Financing Instrument.

Appears in 2 contracts

Samples: Operations Management Agreement, Condo Hotel Operations Management Agreement (CityCenter Holdings, LLC)

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Evidence of Subordination; Delivery of Separate Documents and Instruments. In addition, the Managers each Manager shall, within ten (10) days after receipt of written notice from Owner or any Mortgagee and/or lender under any Financing Instrument, execute, acknowledge and deliver any and all estoppel certificates and other documents (including, without limitation, a subordination agreement allowing any such Mortgagee and/or lender to terminate the Managers’ each respective Manager’s duties and obligations under this Agreement upon foreclosure) requested by Owner and/or Mortgagee and/or any lender under any Financing Instrument that subordinates or evidences the subordination of this Agreement and the Managers’ each Manager’s rights thereunder to any such Mortgage and/or Financing Instrument.

Appears in 1 contract

Samples: Hotel and Casino Operations and Hotel Assets Management Agreement (CityCenter Holdings, LLC)

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