Common use of Lease Subordinate - Superior Clause in Contracts

Lease Subordinate - Superior. This Lease shall be subject and subordinate to any mortgage (“Mortgage”) now or hereinafter placed on the Lot, the Building, or both, or any portion or portions thereof or interest therein, which are separately and together hereinafter in this Article IX referred to as “the mortgaged premises”, and to each advance made or hereafter to be made under any Mortgage, and to all renewals, modifications, consolidations, replacements and extensions thereof and all substitutions therefor, provided, however, that conditioned upon Tenant not being in default under any of the terms of this Lease, subsequent to the Commencement Date and upon Tenant’s delivery of an estoppel certificate accepting the Premises and acknowledging that Landlord has completed the Leasehold Improvements in accordance with the provisions hereof, Landlord shall use reasonable efforts to obtain from any such mortgagee on Tenant’s behalf an agreement on the part of such mortgagee to recognize this Lease and all of Tenant’s rights hereunder as though this Lease were prior to any such mortgage, provided further, however, that the mortgagee, or any purchaser at a foreclosure sale or otherwise shall not be:

Appears in 3 contracts

Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)

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Lease Subordinate - Superior. This Lease shall be subject and subordinate to any mortgage ("Mortgage") now or hereinafter placed on the Lot, the Building, or both, or any portion or portions thereof or interest therein, which are separately and together hereinafter in this Article IX referred to as “the mortgaged premises”Property, and to each advance made or hereafter to be made under any Mortgage, and to all renewals, modifications, consolidations, replacements and extensions thereof and all substitutions therefor, provided, however, that such subordination shall be conditioned upon Tenant not being in default under any receiving from the holder of the terms of this Lease, subsequent to the Commencement Date and upon Tenant’s delivery of an estoppel certificate accepting the Premises and acknowledging that Landlord has completed the Leasehold Improvements in accordance with the provisions hereof, Landlord shall use reasonable efforts to obtain from any such mortgagee on Tenant’s behalf Mortgage an agreement (a "Non-Disturbance Agreement"), in recordable form, on the part of such mortgagee holder (and its successors or assigns, including any purchaser at a foreclosure sale) to recognize this Lease and all of Tenant’s 's rights hereunder as though this Lease were prior to any such mortgageMortgage and to assume, subject to the remaining provisions of this Section, the obligations of Landlord under this Lease in the event that such holder (or such successors or assigns) succeeds to Landlord's title to the mortgaged premises or interest under this Lease. Such Non-Disturbance Agreement shall be satisfactory to such mortgagee in form and substance, provided further, however, that the mortgagee, or any purchaser at a foreclosure sale or otherwise provisions of such Non- Disturbance Agreement which relieve the mortgagee and its successors and assigns from liability under this Lease shall not be:be materially greater than those described in paragraphs (a) through (i)

Appears in 1 contract

Samples: Office Lease (Sycamore Networks Inc)

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