Landlord's Mortgagee. Tenant agrees with Landlord and with the mortgagee of any first mortgage or the beneficiary of any first deed of trust now or hereafter constituting a lien on the Building or the Leased Premises ("Landlord's Mortgagee") that any Landlord's Mortgagee shall have the right at any time to elect, by notice in writing given to Tenant, to make this Lease superior to the lien of such mortgage or deed of trust and upon the giving of such notice to Tenant, this Lease shall be deemed prior and superior to the mortgage or deed of trust in respect to which such notice is given; and at Landlord's Mortgagee's request Tenant shall execute a recordable memorandum of this Lease establishing this Lease as superior to such lien; or Landlord's Mortgagee may, by like notice, make this Lease subordinate to such mortgage or deed of trust. If Landlord's Mortgagee shall elect to make this Lease subordinate to such mortgage or deed of trust, the same shall be self-operative and no further instrument of subordination need be required by any mortgagee. In confirmation of such subordination, however, Tenant shall execute promptly any reasonable instrument that Landlord may request. In the event of the enforcement by Landlord's Mortgagee of the remedies provided for by law or by such mortgage or deed of trust, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor in interest without change in terms or other provisions of such Lease, provided, however, that such successor in interest shall not be bound by any payments in the nature of security for the performance by Tenant of its obligations under this Lease, or any amendment or modification of this Lease made without the written consent of such trustee or such beneficiary or such successor in interest. Upon request by such successor in interest, Tenant shall execute and deliver reasonable instruments confirming the attornment provided for herein. In consideration for the above, Landlord agrees to provide Tenant at Tenant's request with a non-disturbance agreement signed by Landlord's present or future Lender.
Landlord's Mortgagee. 8 Law............................................................... 8 Laws.............................................................. 8 Lease............................................................. 1 Loss.............................................................. 1 Mortgage..........................................................
Landlord's Mortgagee. If the Building and/or Premises are at any time subject to a ground lease, mortgage, deed of trust or other lien, then in any instance in which Tenant gives notice to Landlord alleging default by Landlord hereunder, Tenant will also simultaneously give a copy of such notice to each Landlord’s Mortgagee (provided Landlord or Landlord’s Mortgagee shall have advised Tenant of the name and address of Landlord’s Mortgagee) and each Landlord’s Mortgagee shall have the right (but no obligation) to cure or remedy such default during the period that is permitted to Landlord hereunder, plus an additional period of thirty (30) days, then Tenant will accept such curative or remedial action (if any) taken by Landlord’s Mortgagee with the same effect as if such action had been taken by Landlord.
Landlord's Mortgagee. 23 17.1 SUBORDINATION/NON-DISTURBANCE...................................................................23
Landlord's Mortgagee. At any time the Building is subject to a mortgage and/or deed of trust, and Tenant gives notice to Landlord alleging default by Landlord, Tenant will also simultaneously give a xxx of such notice to each Landlord's Mortgagee (provided Landlord or Landlord's Mortgagee shall have advised Tenant in writing of the name and address of Landlord's Mortgagee) and each Landlord's Mortgagee shall have the right (but no obligation) to cure such default during the period that is permitted to Landlord, plus an additional period of thirty (30) days. Tenant will accept curative action (if any) taken by Landlord's Mortgagee with the same effect as if such action had been taken by Landlord. Tenant will, at such time or times as Landlord, may request, sign a certificate stating whether this Lease is in full force and effect; whether any amendments or modifications exist; whether, to Tenant'' knowledge, there are any defaults hereunder; and such other information and agreements as may be reasonably requested.
Landlord's Mortgagee. 17.1 Subordination/Non-Disturbance. Tenant shall, upon request of the holder of a mortgage or deed of trust in the nature of a mortgage, which holder is a commercial or institutional lender ("Mortgagee") subordinate any interest which it has by virtue of this Lease, and any extensions and renewals thereof to any mortgages or deeds of trust placed upon the Leased Premises by Landlord, if and only if such Mortgagee shall execute, deliver and record in the appropriate registry of deeds a Subordination, Non-disturbance and Attornment Agreement in the form attached hereto as Exhibit "E", or in such other form and content generally used in commercial loan transactions and approved by Tenant, such approval not to be unreasonably withheld. Such agreements shall provide by their terms that notwithstanding any foreclosure of such mortgage or deed of trust, Tenant may continue to occupy the Leased Premises during the term of this Lease or any extensions or renewals thereof under the same terms, conditions and provisions of this Lease unless Tenant shall be in default beyond any applicable grace periods provided for herein. Landlord shall at or prior to the Commencement Date, secure from Landlord's present mortgagee of the Premises a non-disturbance agreement in the form attached hereto as Exhibit "E", or in such other form as is reasonably acceptable to Tenant.
Landlord's Mortgagee. A. If the Building or Leased Premises are at any time subject to a lien, mortgage, security interest or deed of trust, then in any instance in which Tenant gives notice to Landlord alleging default by Landlord hereunder, Tenant will also simultaneously give a copy of such notice to each Landlord’s mortgagee (provided, Landlord has given Tenant written notice of each such mortgagee.) and each Landlord’s mortgagee shall have the right (but not obligation) to cure or remedy such default during the period that is permitted to Landlord hereunder, plus an additional period of thirty (30) days, and Tenant will accept such curative or remedial action (if any) taken by any such Landlord’s mortgagee, with the same effect as if such action had been taken by Landlord.
B. Tenant will, at such time or times as Landlord may request, sign a certificate stating: whether this Lease is in full force and affect; whether any amendments or modifications exist; whether there are any defaults hereunder; and such other information and agreements as may be reasonably requested.
Landlord's Mortgagee. The provisions of this Section shall be self-operative and no further instrument of subordination shall be required; provided, however, Landlord shall use commercially reasonable efforts to obtain a subordination, non-disturbance, and attornment agreement in favor of Tenant from Landlord’s Mortgagee in a commercially reasonable and standard form (“SNDA”). The initial form of SNDA is attached hereto as Exhibit J. Any Landlord's Mortgagee may elect, at any time, unilaterally, to make this Lease superior to its Mortgage, Primary Lease, or other interest in the Premises by so notifying Tenant in writing. Tenant shall execute and return to Landlord (or such other party designated by Landlord) within ten days after written request therefor such SNDA, in recordable form if required, or, if the Landlord's Mortgagee so elects, the subordination of such Landlord's Mortgagee's Mortgage or Primary Lease to this Lease.
Landlord's Mortgagee. Landlord hereby represents and warrants to Tenant that either (i) Landlord has all necessary consents or approvals from Landlord’s mortgagee for this Third Amendment or (ii) Landlord’s mortgagee’s consent or approval is not required for this Third Amendment. After full execution of this Third Amendment, Tenant shall promptly deliver a copy of the Third Amendment to Landlord’s mortgagee, pursuant to Section 3 of the Estoppel.
Landlord's Mortgagee. The term "Landlord's Mortgagee" means any holder of a lien evidenced by a mortgage or deed of trust on property which includes the Premises, or any subsequent purchaser, transferee or assignee of the right of any such holder(s) (or person holding a beneficial interest in the rights of any such purchaser, transferee or assignee), as to each of which Landlord has given notice to Tenant in accordance with Article XXIII.
