Landlord’s Mortgages. Landlord shall not grant or create any mortgage, deed of trust or other lien or encumbrance (“Lien”) against Landlord’s interest in the Property or this Lease unless the instrument granting or creating such Lien shall by its terms state that such Lien is subordinate to this Lease and to any New Lease created pursuant to clause (g) hereof. Landlord agrees that, in connection with any Lien existing as of the Effective Date, it will use commercially reasonable efforts to cause any mortgagee or other holder of a security interest in the Property pursuant to such Lien to execute a subordination, non-disturbance and attornment agreement on a form customarily used by and reasonably acceptable to such mortgagee or holder, subordinating such Lien to this Lease and providing that, if any mortgagee or other holder of any Lien described herein (or its designee) succeeds to Landlord’s interest in the Property and this Lease upon a foreclosure of the Lien or other transfer of Landlord’s interest in the Property (including pursuant to a sale of the Property at a foreclosure sale), such successor will attorn to the rights and interests of Tenant under this Lease.
Landlord’s Mortgages. This Restated Lease shall be subject and subordinate to all existing Fee Mortgages and to all subsequent Fee Mortgages and the rights of holders of such Fee Mortgages, provided, in each case, that a non-disturbance agreement is obtained whereunder Tenant's rights under this Restated Lease will not be disturbed upon any foreclosure or other exercise of remedies under a Fee Mortgage as long as a Material Monetary Event of Default is not in existence at the time of such foreclosure or such other exercise or remedies, and provides such other similar assurances as Tenant shall reasonably request. This Restated Lease and Leasehold Estate hereunder shall be prior and superior to all existing and subsequent Fee Mortgages where a non-disturbance agreement has not been obtained, except as otherwise set forth in a Third Party Lease. Notwithstanding the foregoing, with respect to the Fleet Mortgage, Landlord shall (a) cause the holder of the Fleet Mortgage to enter into a non-disturbance agreement substantially identical to the form set forth on Exhibit K; or (b) cause such Fee Mortgage to be discharged of record, in either case on or prior to the Restatement Effective Date. With respect to any Fee Mortgage encumbering Landlord's interest in any Property as of the date hereof, which Fee Mortgage is set forth on Exhibit I, Landlord shall request that the holder of such Fee Mortgage enter into a non-disturbance agreement in a form customary for a single-site purchase money mortgage transaction similar to the transaction consummated between the holder of such Fee Mortgage and Landlord or its predecessor in interest, which non-disturbance agreement shall be reasonably acceptable to Tenant. In the event that (a) Landlord is unable to cause the holder of such Fee Mortgage to enter into such non-disturbance agreement and (b) a default occurs under the applicable Fee Mortgage, which default was not caused by Tenant, a Subtenant or their respective agents, employees, contractors, licensees or invitees, then Landlord shall cause such Fee Mortgage to be discharged of record prior to the time that a foreclosure or other exercise of remedies under such Fee Mortgage occurs such that the applicable Property is deleted from this Restated Lease. If Tenant is unable to cause such Fee Mortgage to be discharged of record and the applicable Property is deleted from this Restated Lease, Landlord shall Indemnify Tenant for all losses, damages and expenses suffered by Tenant as a result of s...
Landlord’s Mortgages. This Lease shall be subject and subordinate to all existing Fee Mortgages. This Lease and the Leasehold Estate hereunder shall be subject and subordinate to all subsequent Fee Mortgages and the rights of holders of such Fee Mortgages where a non-disturbance agreement is obtained whereunder Tenant's rights under this Lease will not be disturbed upon any foreclosure or other exercise of remedies under a Fee Mortgage, and provides such other similar assurances as Tenant shall reasonably request. This Lease and Leasehold Estate hereunder shall be prior and superior to all subsequent Fee Mortgages where a non-disturbance agreement has not been obtained, except as otherwise set forth in a Third Party Lease.
Landlord’s Mortgages. This Lease is expressly subject to all present and future mortgages or other security instruments of Landlord encumbering the Building. Tenant covenants to execute such documents as requested by Landlord to confirm such subordination, and upon failure to do so, hereby irrevocably appoints Landlord its agent and attorney-in-fact to execute the same on its behalf.
Landlord’s Mortgages. This Restated Lease shall be subject and subordinate to all existing Fee Mortgages and to all subsequent Fee Mortgages and the rights of holders of such Fee Mortgages, provided, in each case, that a non-disturbance agreement is obtained whereunder Tenant's rights under this Restated Lease will not be disturbed upon any foreclosure or other exercise of remedies under a Fee Mortgage as long as a Material Monetary Event of Default is not in existence at the time of such foreclosure or such other exercise or remedies, and is otherwise substantially identical to the form set forth on Exhibit K. This Restated Lease and Leasehold Estate hereunder shall be prior and superior to all existing and subsequent Fee Mortgages where a non-disturbance agreement has not been obtained, except as otherwise set forth in a Third Party Lease. Notwithstanding the foregoing, with respect to the Fleet Mortgage, Landlord shall (a) cause the holder of the Fleet Mortgage to enter into a non-disturbance agreement substantially identical to the form set forth on Exhibit K; or (b) cause such
Landlord’s Mortgages. Section 21.1. Tenant agrees that its interest under this Lease shall be subordinate to any mortgage, deed of trust or similar device now or hereafter placed upon the Leased Premises or all or any portion of the Center by Landlord if the mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created so elects, and upon notice to Tenant of such election. Tenant will execute any instruments required to evidence such subordination. Likewise, such mortgagee or beneficiary under said deed of trust or lender for whose benefit any other security device is created elects, by notice to Tenant, to make this Lease superior to such mortgage or deed of trust or other security device; and in the event of any such election, Tenant will execute any instruments required to evidence such superiority. If any person or entity shall succeed to all or part of Landlord’s interest in the Leased Premises, whether by purchase, foreclosure, deed in lieu of foreclosure, power of sale, termination of lease or otherwise, and if so requested or required by such successor in interest, Tenant shall attorn to such successor in interest and shall execute such agreement in confirmation of such attornment as such successor in interest shall reasonably request.
Section 21.2. Landlord and Tenant shall execute and deliver to each other, at such time and from time to time as either Landlord or Tenant may request, a certificate stating:
(a) Whether or not the Lease is in full force and effect;
(b) Whether or not the Lease has been modified or amended in any respect, and submitting copies of such modifications or amendments, if any;
(c) Whether or not there are any existing defaults under this Lease to the knowledge of the party executing the certificate, and specifying in detail the nature of such defaults, if any, and
(d) Such other information as may be reasonably requested. The aforesaid certificate(s) shall be delivered to Landlord or Tenant, as the case may be, promptly upon receipt of a written request therefore, but in no event more than five (5) business days following receipt of such request. Landlord and Tenant intend that any statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary or purchaser and Tenant shall be liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any material misstatement contained in such estoppel certificate. If, however, T...
Landlord’s Mortgages. Landlord covenants and agrees that it shall not grant mortgages upon Landlord's fee interest in the Premises, at any time.
Landlord’s Mortgages. After receiving notice from Landlord or from any person, firm or other entity that such person, firm or other entity holds a mortgage, which includes the Premises as part of the mortgaged premises, no notice from Tenant to Landlord shall be effective unless and until a copy of the same is given by certified or registered mail to such holder, and the curing of any of Landlord's defaults by such holder shall be treated as performance by Landlord, it being understood and agreed that such holder shall be afforded a reasonable period of time after the receipt of such notice in which to effect such cure. Tenant shall cooperate with Landlord so that Landlord will be able to procure mortgage financing for any and all of Landlord's properties. Upon request, Tenant agrees to execute and deliver to Landlord estoppel or offset letters as reasonably required by Landlord's mortgage lenders. Executed under seal on October 25, 1996. TENANT: PREVISION MARKETING, INC. By: /s/ Xxxxxxx Xxxx ------------------------------------------- Name: Title: President By: /s/ Xxxxxxx Xxxx ------------------------------------------- Name: Title: Treasurer [Tenant shall deliver a Certificate of Legal Existence from the Massachusetts Secretary of State Office for the Tenant and a Certificate of Vote authorizing this Lease and authorizing the signatories on behalf of Tenant] LANDLORD: NEW ENGLAND FARMS LIMITED PARTNERSHIP By its General Partner NEW ENGLAND CENTER, INC. By: /s/ Xxxxxxx X. Xxxxxxxxx ------------------------------------------- Name: Xxxxxxx X. Xxxxxxxxx Title: President AMENDMENT TO LEASE AND CONSENT TO SUBLEASE ------------------------------------------ This Amendment to Lease and Agreement ("Agreement") is entered into this 30th day of March, 1999. Reference is hereby made to that certain lease dated October 25, 1996 (the "Lease") by and between New England Farm Limited Partnership ("Lessor") and PreVision Marketing, Inc., a Delaware corporation ("Sublessor"). The premises demised thereby (the "Premises") are located in the building known a One Concord Farms, located at 000 Xxxxxxxx Xxxx in Concord, Massachusetts (the "Building"). The Premises consist of Suite 30, 31, and 32 on the Third Floor (Suite 30 and 21 also include mezzanine space) and Suites 20, 21 and 22 on the Second Floor of the Building. Reference is also made to a Sublease dated as of April 1, 1999 (the "Sublease"), by and between Sublessor and Xxxxxxxxxxxx.xxx, Inc., a Delaware corporation, as sublessee ("Suble...
Landlord’s Mortgages. Landlord may place or leave in place during the Term one or more mortgages encumbering the Premises, subject to the terms and provisions of the Partnership Agreement. This Lease shall be subordinate to all such mortgages now or hereafter placed upon the Premises, and to any and all advances made thereunder and to all renewals, modifications, consolidations, replacements and extensions thereof, and Tenant agrees to execute such reasonable documents as may be further required to evidence such subordination or to make this Lease prior to the lien of any such mortgage. In no event may any mortgage encumber Tenant’s Property.
Landlord’s Mortgages
