Common use of Existing Financings Clause in Contracts

Existing Financings. (a) This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING Indebtedness"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require. (b) Landlord agrees to obtain from the holder of the Existing Indebtedness a Subordination, Non-Disturbance and Attornment Agreement, in form attached hereto as EXHIBIT "F" (and by this reference incorporated herein), which provides that, in the event of a foreclosure or a transfer in lieu thereof, Tenant will not be disturbed in its possession and this Lease shall, notwithstanding the foreclosure or transfer in lieu thereof, continue in full force and effect upon and subject to all terms, covenants, conditions, and obligations of this Lease so long as (i) no Default has occurred on the part of Tenant under this Lease and (ii) Tenant attorns to the purchaser or transferee as landlord under this Lease. Landlord agrees to use good faith efforts to obtain revisions reasonably requested by Tenant to the Subordination, Non-Disturbance and Attornment Agreement from the lender of the Existing Indebtedness.

Existing Financings. (a) This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING IndebtednessINDEBTEDNESS"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require. (b) Landlord agrees to obtain from the holder of the Existing Indebtedness a Subordination, Non-Disturbance and Attornment Agreement, in form similar to that attached hereto as EXHIBIT "F" (and by this reference incorporated herein), which provides that, in the event of a foreclosure or a transfer in lieu thereof, Tenant will not be disturbed in its possession and this Lease shall, notwithstanding the foreclosure or transfer in lieu thereof, continue in full force and effect upon and subject to all terms, covenants, conditions, and obligations of this Lease so long as (i) no Default has occurred on the part of Tenant under this Lease and (ii) Tenant attorns to the purchaser or transferee as landlord under this Lease. Landlord agrees to use good faith efforts to obtain revisions reasonably requested by Tenant to the Subordination, Non-Disturbance and Attornment Agreement from the lender of the Existing Indebtedness.

Existing Financings. (a) This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING Existing Indebtedness"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require. (b) Landlord agrees to obtain from the holder of the Existing Indebtedness ("Mortgagee") a Subordination, Non-Disturbance and Attornment AgreementAgreement ("SNDA'), in generally the form attached hereto as EXHIBIT Exhibit "FG" (and by this reference incorporated herein)) but with such changes requested by Tenant as Landlord, which provides using commercially reasonable efforts, is able to obtain from the Mortgagee. Notwithstanding anything to the contrary in Exhibit "G" such SNDA ----------- shall provide that, in the event of a foreclosure or a transfer in lieu thereof, Tenant will not be disturbed in its possession and possession, this Lease shall, notwithstanding the foreclosure or transfer in lieu thereof, continue in full force and effect upon and subject to all terms, covenants, conditions, and obligations of this Lease so long as (i) no Default has occurred on the part of Tenant under this Lease and (ii) Tenant attorns to the purchaser or transferee as landlord under this Lease. Lease and (iii) that such transferee or purchaser shall be responsible for the ongoing liabilities, obligations and defaults of any prior Landlord agrees to use good faith efforts to obtain revisions reasonably requested by Tenant to that remain ongoing at the Subordination, Non-Disturbance and Attornment Agreement from the lender time of the Existing Indebtednesstransfer or purchase and of which the Mortgagee was given notice, and, if permitted by Landlord, an opportunity to cure any such default.

Existing Financings. (a) This Lease is subject and subordinate to any deeds of trust or other security instruments which, as of the date of this Lease, cover the Building, the underlying land, or any interest of Landlord therein, and to any advances made on the security thereof, and to any increases, renewals, modifications, consolidations, and extensions of any of such deeds of trust or security instruments (the "EXISTING Existing Indebtedness"). Landlord agrees to provide notice to Tenant of such deeds of trust or other security instruments covering the Building. This provision is declared by Landlord and Tenant to be self-operative and no further instrument shall be required to effect such subordination of this Lease. Upon demand, however, Tenant shall execute, acknowledge, and deliver to Landlord any further instruments and certificates evidencing such subordination as Landlord, or the holder of the Existing Indebtedness may reasonably require. (b) Landlord agrees to obtain from the holder of the Existing Indebtedness ("Mortgagee") a Subordination, Non-Disturbance and Attornment AgreementAgreement ("SNDA"), in generally the form attached hereto as EXHIBIT Exhibit "FG" (and by this reference incorporated herein)) but with such changes requested by Tenant as Landlord, which provides using commercially reasonable efforts, is able to obtain from the Mortgagee. Notwithstanding anything to the contrary in Exhibit "G" such SNDA ----------- shall provide that, in the event of a foreclosure or a transfer in lieu thereof, Tenant will not be disturbed in its possession and possession, this Lease shall, notwithstanding the foreclosure or transfer in lieu thereof, continue in full force and effect upon and subject to all terms, covenants, conditions, and obligations of this Lease so long as (i) no Default has occurred on the part of Tenant under this Lease and (ii) Tenant attorns to the purchaser or transferee as landlord under this Lease. Lease and (iii) that such transferee or purchaser shall be responsible for the ongoing liabilities, obligations and defaults of any prior Landlord agrees to use good faith efforts to obtain revisions reasonably requested by Tenant to that remain ongoing at the Subordination, Non-Disturbance and Attornment Agreement from the lender time of the Existing Indebtednesstransfer or purchase and of which the Mortgagee was given notice, and, if permitted by Landlord, an opportunity to cure any such default.