Common use of Lender Lease Rights Clause in Contracts

Lender Lease Rights. Landlord and Tenant acknowledge that (a) this Amendment shall be subordinate to the lien of that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of December 16, 2003 (unless waived in writing by Landlord’s lender); (b) Tenant shall attorn to Landlord’s lender and any purchaser at a foreclosure sale, such attornment to be self-executing and effective upon acquisition of title to the Property by any purchaser at a foreclosure sale or by Landlord’s lender; (c) Tenant agrees to execute such further evidences of attornment as Landlord’s lender or any purchaser at a foreclosure sale may from time to time request; (d) the Lease shall not be terminated by foreclosure or any other transfer of the Property; (e) Tenant shall, upon receipt after the occurrence of Landlord’s default under its loan documents of a written request from Landlord’s lender, pay all Rent payable under the Lease to Landlord’s lender; provided that the obligations of Tenant under the foregoing (a), (b), and (c) shall be conditioned on Landlord’s lender agreeing not to disturb Tenant’s rights of possession under the Lease and to recognize Tenant and its rights under the Lease so long as Tenant is not in default beyond any applicable notice and cure period set forth in the Lease. With respect to clause (e) above, Landlord shall waive any claim against Tenant for Rent coming due after Tenant receives notice and request from Landlord’s lender that Landlord is in default under its loan documents and such amounts due thereafter are payable to Landlord’s lender in accordance with this Section.