Landlord's Mortgagee. Any and all mortgages on the fee title or reversionary interest of Landlord in the Leased Premises shall be subject and subordinate to this Lease; provided, however, that Tenant hereby agrees that this Lease is subject and subordinate to mortgages where the holders of such mortgages deliver to Tenant a non-disturbance agreement in the form attached hereto as Exhibit D, provided, however, that nothing contained herein shall restrict or otherwise impair the right of Landlord to transfer, convey, sell, mortgage or otherwise deal with the fee to the Leased Premises or affect the right of Landlord to assign this Lease and the rental and other sums payable hereunder as further collateral security for any such fee mortgage or otherwise, and Tenant agrees to honor any such assignment from and after receipt of an executed copy thereof; and Tenant further agrees that while any such mortgage or other encumbrance is in force, and if Tenant shall have been given written notice thereof and the name and address of the mortgagee and/or trustee, Tenant shall give said mortgagee or trustee a duplicate copy of any and all notices of default or other notices in writing which Tenant may give or serve upon Landlord pursuant to the terms of this Lease, and any such notice shall not be effective until said duplicate copy is given to such mortgagee or trustee. A different address may be designated by such mortgagee or trustee by written notice delivered to Tenant from time to time. Any such mortgagee and/or trustee may, at its option, at any time before any rights of the Tenant shall have accrued as a result of any default of Landlord hereunder, make any payment or do any other act or thing required of the Landlord by the terms of this Lease; and all payments so made and all things so done or performed by any such mortgagee and/or trustee shall be as effective to prevent accrual of any rights of Tenant hereunder as the same would have been if done and performed by the Landlord instead of by any such mortgagee or trustee. No such mortgagee or trustee of the rights and interests of the Landlord hereunder shall be or become liable to Tenant as an assignee of this Lease until such time as said mortgagee or trustee shall by foreclosure or other appropriate proceedings in the nature thereof, or as the result of any other action or remedy provided for by such mortgagee or deed of trust, or by proper conveyance from Landlord, acquire the rights and interests of the Landlord under the term...
Landlord's Mortgagee. If the Property and/or the Leased Premises are at any time subject to a mortgage and/or mortgage 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 or Landlord’s Mortgagee shall have advised Tenant of the name and address of Landlord’s Mortgagee) and Landlord’s Mortgagee shall have the right (but not the obligation) to cure or remedy such default during the period that is permitted to Landlord hereunder, as provided in the Subordination, Non-Disturbance and Attornment Agreement attached hereto as Exhibit F or otherwise executed by Tenant, and Tenant will accept such curative or remedial action taken by Landlord’s Mortgagee with the same effect as if such action had been taken by Landlord.
Landlord's Mortgagee. 8 Laws...........................................................................................8 Law............................................................................................9 Affiliate......................................................................................9
Landlord's Mortgagee. 23 17.1 SUBORDINATION/NON-DISTURBANCE...................................................................23
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.
Landlord's Mortgagee. For purposes of this Article, the term "Landlord's Mortgagee" means any party holding a mortgage or deed of trust on the Leased Premises who has given Tenant written notice that such party holds such lien or deed of trust together with notice of the address of such Xxxxxxxx's Mortgagee. A lien held by a Landlord's Mortgagee on the Leased Premises of which Tenant has been given written notice is herein referred to as a "Landlord's Mortgage".
Landlord's Mortgagee. Tenant agrees with Landlord and with the Mortgagee of any mortgage or the beneficiary of any Deed of Trust now or hereafter constituting a lien on the Complex 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
Landlord's Mortgagee. The term “Landlord’s Mortgagee” shall mean the beneficiaries from time to time of the first deed of trust encumbering the Demised Premises dated November 25, 1992, in favor of four construction industry labor-management pension trust funds. The agent for said beneficiaries is Xxxxxxx Realty Advisors, who shall act as the agent for the Landlord’s Mortgagee. The term “Landlord’s Mortgagee” also includes said agent. By written notice from all of said beneficiaries to Landlord and Tenant, said agent may be changed to another party, in which event said new agent shall thereafter act for the Landlord’s Mortgagee. The address for notice to Landlord’s Mortgagee is: Xxxxxxx Realty Advisors 0000 Xxxxxxxxx Xxxxxx, Xxxxx 000 Xx Xxxxx, XX 00000 Attn: Xxxxxx X. Xxxx
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. (The remainder of this page is intentionally left blank. Next page is signature page.)
