Grant Liens. This Sublease shall be subordinate to the right, title, and interest of any lender or other party holding a security interest in or a lien upon the Premises under any and all mortgage instruments or deeds to secure debt presently encumbering the Premises or the Building and to any and all other deeds to secure debt or mortgage instruments hereafter encumbering the Premises or the Building. Sublessee shall at any time hereafter, on demand of Sublessor or the holder of any such deed to secure debt or mortgage instrument, execute any instruments which may reasonably be required by such party for the purpose of evidencing the subordination of this Sublease to the lien or security of such party. Sublessee shall, upon demand, at any time or times, execute, acknowledge, and deliver to Sublessor or the holder of any such instruments or deeds to secure debt, without expense, any and all documents that may be necessary to make this Sublease superior to the lien of any of the same. If the holder of any of said instruments or deeds to secure debt shall hereafter succeed to the rights of Sublessor under this Sublease, Sublessee shall, at the option of such holder or a purchaser at any foreclosure or sale under power, attorn to and recognize such successor as Sublessee’s Sublessor under this Sublease. Sublessee shall promptly execute, acknowledge, and deliver any instrument that may be necessary to evidence such attornment. Sublessor will use commercially reasonably efforts to obtain from any lender holding a lien on the Premises, a subordination, non-disturbance and attornment agreement for the benefit of Sublessee.
Grant Liens. This Lease shall be subordinate to the right, title, and interest of any Facility Mortgagee. Tenant shall at any time hereafter, on demand of Prime Landlord or the Facility Mortgagee, without expense to Tenant, execute any instruments which may reasonably be required by such party for the purpose of evidencing the subordination of this Lease to the lien or security of such party, so long as such instrument provides that the Facility Mortgagee shall recognize the rights of Tenant under this Lease so long as no Event of Default shall exist and further provided that Tenant’s occupancy and other rights hereunder shall not be disturbed if any such Person takes possession of the Premises through foreclosure proceeding or otherwise. If the holder of any of said instruments or deeds to secure debt shall hereafter succeed to the rights of Landlord under this Lease or to Prime Landlord under the Prime Lease, Tenant shall, at the option of such holder or a purchaser at any foreclosure or sale under power, attorn to and recognize such successor as Tenant’s landlord under this Lease, provided that such attornment shall be conditioned upon the Facility Mortgagee and Landlord executing and delivering to Tenant a commercially reasonable subordination, non-disturbance and attornment agreement. Notwithstanding the foregoing or any other language to the contrary in this Lease, with Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, the security interests and liens granted to Landlord in this Section 16.2 or elsewhere in this Agreement shall be subordinated to any first priority security interest granted in connection with accounts receivable financing secured by Tenant so long as (a) Tenant’s financiers execute an intercreditor agreement with the Facility Mortgagee in form and substance reasonably acceptable to Facility Mortgagee, and (b) no Event of Default exists hereunder.
Grant Liens. Any Lien or other encumbrance now existing and securing any borrowing or other means of financing or refinancing or otherwise shall provide for the recognition of this Lease and all Tenant’s rights hereunder. Subject to the foregoing sentence and Section 7.3, without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Lien, title retention agreement or other encumbrance upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the Lien of any such encumbrance so long as (a) such encumbrance provides that it is subject to the rights of Tenant under this Lease and that so long as no Event of Default shall exist beyond any applicable cure period, Tenant’s occupancy shall not be disturbed if any Person takes possession of the applicable portion of the Premises through foreclosure proceedings or otherwise and (b) is otherwise in form and substance reasonably acceptable to Tenant.
Grant Liens. This Sublease shall be subordinate to the right, title, and interest of any lender or other party holding a security interest in or a lien upon the Premises under any and all mortgage instruments or deeds to secure debt presently encumbering the Premises or the Building and to any and all other deeds to secure debt or mortgage instruments hereafter encumbering the Premises or the Building. Sublessee shall at any time hereafter, on written demand of Sublessor or the holder of any such deed to secure debt or mortgage instrument, execute such usual and customary instruments for skilled nursing facilities located in the State of Ohio which may reasonably be required by such party for the purpose of evidencing the subordination of this Sublease to the lien or security of such party. Sublessee shall, upon written demand, at any time or times, execute, acknowledge, and deliver to Sublessor or the holder of any such usual and customary instruments for skilled nursing facilities located in the State of Ohio to secure debt, without expense, any and all documents that may be reasonably necessary to make this Sublease superior to the lien of any of the same, in form and substance reasonably acceptable to Sublessee with attornment and non-disturbance provisions included therein for the benefit of Sublessee. If the holder of any of said instruments or deeds to secure debt shall hereafter succeed to the rights of Sublessor under this Sublease, Sublessee shall, at the option of such holder or a purchaser at any foreclosure or sale under power, attorn to and recognize such successor as Sublessee’s Sublessor under this Sublease. Sublessee shall promptly execute, acknowledge, and deliver any instrument that may be reasonably necessary to evidence such attornment. Prior to the Execution Date, Sublessor will obtain from any lender holding a lien on the Premises, a subordination, non-disturbance and attornment agreement for the benefit of, and reasonably acceptable to, Sublessee.
Grant Liens. Without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Lien, title retention agreement or other encumbrance upon the Premises, or any portion thereof or interest therein (including this Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Upon the request of Landlord, Tenant shall subordinate this Lease to the Lien of any such encumbrance so long as such encumbrance provides that it is subject to the rights of Tenant under this Lease and that so long as no Event of Default shall exist, Tenant’s occupancy shall not be disturbed if any Person takes possession of the applicable portion of the Premises through foreclosure proceeding or otherwise.
Grant Liens. Without the consent of Tenant, Landlord may from time to time, ----------- directly or indirectly, create or otherwise cause to exist any Lien, title --- retention agreement or other encumbrance upon the Premises, or any portion --- thereof or interest therein (including this Master Lease), whether to secure any --- borrowing or other means of financing or refinancing or otherwise. Upon the request of Landlord, Tenant shall subordinate this Master Lease to the Lien of any such encumbrance so long as such encumbrance provides that it is subject to the rights of Tenant under this Master Lease and that so long as no Event of Default shall exist, Tenant's occupancy shall not be disturbed if any Person takes possession of the applicable portion of the Premises through foreclosure proceeding or otherwise. ESTOPPEL CERTIFICATES. Each of Landlord and Tenant shall, at any time upon not --------------------- less than ten (10) days prior written request by the other party, have an authorized representative execute, acknowledge and deliver to the requesting party or its designee a written statement certifying (A) that this Master Lease, together with any specified modifications, is in full force and effect, (B) the dates to which Rent and additional charges have been paid, (C) that no default by either party exists or specifying any such default and (D) as to such other matters as the requesting party may reasonably request.
Grant Liens. Any Lien or other encumbrance now existing and securing any borrowing or other means of financing or refinancing or otherwise shall provide for the recognition of this Master Lease and all Tenant’s rights hereunder. Subject to the foregoing sentence and Sections 7.3 and 23, without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Lien, title retention agreement or other encumbrance upon the Premises, or any portion thereof or interest therein (including this Master Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Upon the request of Landlord, Tenant shall subordinate this Master Lease to the Lien of any such encumbrance so long as (a) such encumbrance provides that it is subject to the rights of Tenant under this Master Lease and that so long as no Event of Default shall exist beyond any applicable cure period, Tenant’s occupancy shall not be disturbed if any Person takes possession of the applicable portion of the Premises through foreclosure proceedings or otherwise and (b) is otherwise in form and substance reasonably acceptable to Tenant.
Grant Liens. This Lease shall be subordinate to the right, title, and interest of any lender or other party holding a security interest in or a lien upon the Premises under any and all mortgage instruments or deeds to secure debt presently encumbering the Premises or the Building and to any and all other deeds to secure debt or mortgage instruments hereafter encumbering the Premises or the Building. Lessee shall at any time hereafter, on demand of Lessor or the holder of any such deed to secure debt or mortgage instrument, execute any instruments which may reasonably be required by such party for the purpose of evidencing the subordination of this Lease to the lien or security of such party. Lessee shall, upon demand, at any time or times, execute, acknowledge, and deliver to Lessor or the holder of any such instruments or deeds to secure debt, without expense, any and all documents that may be necessary to make this Lease superior to the lien of any of the HNZW/493108_4.doc (Pavilion Care)
Grant Liens. Without the consent of Tenant, Landlord may from time to time, directly or indirectly, create or otherwise cause to exist any Lien, title retention agreement or other encumbrance upon the Premises, or any portion thereof or interest therein (including this Master Lease), whether to secure any borrowing or other means of financing or refinancing or otherwise. Upon the request of Landlord, Tenant shall subordinate this Master Lease to the Lien of any such encumbrance pursuant to a written agreement ("SNDA") so long as (a) the SNDA provides that the Lien of such encumbrance is subject to the rights of Tenant under this Master Lease and that so long as no Event of Default shall exist, Tenant's occupancy shall not be disturbed if any Person takes possession of the applicable portion of the Premises through foreclosure proceeding or otherwise; and (b) no additional cost or expense (excluding ministerial costs to comply with notice requirements) shall be imposed on Tenant under the terms and conditions of the SNDA.
Grant Liens. Pledge, mortgage, lease or otherwise encumber, or permit any lien to exist on any asset or property of any kind, except as may exist at and be reflected on the financial statements provided at the time of this Agreement, other than (i) liens, security interests and encumbrances granted to the Bank under the Security Documents to secure the loans and (ii) Permitted Liens.
