Non-disturbance of Tenant. Trustee does hereby agree with Tenant that, in the event Trustee becomes the owner of the Premises by foreclosure, conveyance in lieu of foreclosure or otherwise, so long as there exists no event of default under the Lease (a) Trustee will take no action which will interfere with or disturb Tenant’s possession or use of the Premises or other rights under the Lease, and (b) the Premises shall be subject to the Lease and Trustee shall recognize Tenant as the tenant of the Premises for the remainder of the terms of the Lease in accordance with the provisions thereof including, but not limited to the negotiation rights provided to Tenant under Article [_____] of the Lease, provided, however, that Trustee shall not be subject to any offsets or defenses which Tenant might have against any prior landlord except those which arose under the provisions of the Lease out of such landlord’s default and accrued after Tenant had notified Trustee and given Trustee the opportunity to cure same as hereinbelow provided, nor shall Trustee be liable for any act or omission of any prior landlord, nor shall Trustee be bound by any rent or additional rent which Tenant might have paid for more than the current month to any prior landlord nor shall it be bound by any amendment or modification of the Lease made without its consent.
Non-disturbance of Tenant. Morgagee agrees with Tenant that so long as no default exists, nor any event has occurred, which has continued to exist for such period of time (after notice, if any, required by the Lease) as would entitle Landlord to terminate the Lease or would cause, without any further action of Landlord, the termination of the Lease, or would entitle Landlord to dispossess Tenant, the Lease shall not be terminated by Mortgagee, nor shall Tenant's use, possession, or enjoyment of the Premises be interfered with by Mortgagee, nor shall the leasehold estate granted by the Lease be affected by Mortgagee in any other manner, in any foreclosure or any action or proceeding instituted under or in connection with the Mortgage, or in case Mortgagee takes possession of the Premises pursuant to any provision of the Mortgage.
Non-disturbance of Tenant. In the event of foreclosure of, or transfer by deed in lieu of foreclosure, or similar action taken under, such mortgage, Tenant's possession of the demised premises shall not be terminated or disturbed by such mortgage holder or anyone claiming under such mortgage holder so long as Tenant shall not be in default of any material provision under this Lease beyond any applicable notice and cure periods.
Non-disturbance of Tenant. Mortgagee agrees with Tenant that, so long as no Event of Default occurs and is continuing under the Lease so long as no default exists, nor any event has occurred and that has continued to exist for such period of time (after notice, if any, required by the Lease) as would entitle Landlord to terminate the Lease or would cause, without any further action of such Landlord, the termination of the Lease , or would entitle Landlord to dispossess Tenant thereunder, the Lease shall not be terminated by Mortgagee, nor shall Tenant’s use, possession, or enjoyment of the Premises in accordance with the terms of the Lease be interfered with by Mortgagee, nor shall the leasehold estate granted by the Lease be affected by Mortgagee in any other manner, in any foreclosure or any action or proceeding instituted under or in connection with the Mortgage , or in case Mortgagee takes possession of the Premises pursuant to any provision of the Mortgage.
Non-disturbance of Tenant. The subordination provided for in Paragraph 22 of the Lease shall extend only to such mortgages or deeds of trust under which the mortgagee by agreement in the mortgage or deed of trust or in a separate instrument contracts in substance not to disturb Tenant's occupancy so long as Tenant performs its obligations in the Lease on condition that Tenant, which requested by the mortgagee, shall execute an, attornment agreement to the mortgagee should the mortgagee succeed to the rights of the Landlord under the Lease.
Non-disturbance of Tenant. In the event that Mortgagee and Second Mortgagee, or any purchaser at foreclosure sale or any successor or assign (such purchaser, successor or assign, "Successor") takes possession of the Leased Premises as a mortgagee-in-possession, by foreclosure of the Mortgage or the Second Mortgage, by acquisition of title in lieu of foreclosure, or pursuant to the Assignment or the Second Assignment, Mortgagee and Second Mortgagee (and their Successors) agree not to disturb Tenant's right to possession of the Leased Premises so long as Tenant is not then in default under any of the terms, covenants or conditions of the Lease, beyond any applicable cure period.
