Non-Disturbance Protection Sample Clauses

Non-Disturbance Protection. Notwithstanding anything to the contrary contained herein, Xxxxxx's obligations to subordinate its rights hereunder to any future mortgage or to attorn to any future lender shall be conditioned upon Lessor's obtaining from the Lender (upon request from Lessee) a non- disturbance agreement in such other commercially reasonable form as may be acceptable to Lessor’s lender providing in substance that: (i) so long as Lessee is not in default under this Lease, Xxxxxx’s tenancy will not be disturbed, nor its rights under this Lease affected by, any default under such mortgage nor shall Lessee be named as a defendant in any foreclosure proceeding (unless the Lender is legally required to do so), (ii) any Successor Lessor shall assume the obligations of Lessor under this Lease accruing thereafter, and (iii) the non-disturbance agreement shall be binding upon and inure to the benefit of the successors or assigns of the parties thereto.

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Non-Disturbance Protection. Notwithstanding anything to the contrary contained herein, (a) Tenant's obligations to subordinate its rights hereunder to any Lender shall be conditioned upon Landlord's obtaining from the Lender a non-disturbance agreement in form and substance reasonably acceptable to Landlord’s Lender and Tenant and substantially in the form of Exhibit “F” hereof (“Non-Disturbance Agreement”) and a recognition agreement from the master landlord under the Master Lease in form and substance reasonably acceptable to Tenant and substantially in the form of Exhibit “G” hereof (the “Recognition Agreement”). Nothing herein shall condition Tenant's obligation to pay Rent despite the lack of Tenant’s receipt of the Non-Disturbance Agreement and Landlord shall have no liability therefor, but this Lease shall not be subordinate to such Mortgage. Landlord shall submit such Non-Disturbance Agreement to Lender and the Recognition Agreement to the City for execution within thirty (30) days from the date of this Lease. Landlord represents and warrants that no Mortgage encumbers the Project other than the Mortgage held by International Bank of Commerce (the “Holder”) and that no ground lease or superior lease encumbers the Project other than the Master Lease from the City. In the event Tenant has not received a fully-executed Non-Disturbance Agreement from the Holder and a Recognition Agreement from the City, which shall include an acknowledgement of, and agreement to be bound by, Tenant’s right under Section 51 below, within 45 days from the date of this Lease, Tenant shall have the right to terminate this Lease upon notice to Landlord, and upon exercise any Prepaid Rent shall be returned to Tenant.

Non-Disturbance Protection. Landlord agrees to request and use its best efforts (without incurring any monetary obligations) to obtain non-disturbance protection for Tenant from any current or future mortgagee of the Property.

Related to Non-Disturbance Protection

Non-Disturbance Agreement (a) If Owner mortgages, charges or otherwise encumbers the Site, Owner shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement executed by the mortgagee of the Site, permitting Project Co, Lender and Lender’s Consultant to access and use the Site under the licence granted pursuant to Section 9.1(a) and the Lender’s Direct Agreement, respectively, free from interference from the mortgagee or any person claiming by or through the mortgagee. This Section 9.5 shall not apply in respect of any portion of the Site or Facility used or developed pursuant to Section 9.2(b) if neither the licence granted pursuant to Section 9.1(a) nor the Work pertain to such portion of the Site.
Subordination, Non-Disturbance and Attornment In the event that Landlord places any Facility Mortgage on the Leased Property, Tenant agrees to promptly enter into, execute and deliver to the requesting party a commercially reasonable subordination, non-disturbance and attornment agreement with any such Facility Mortgagee, which shall acknowledge that this Lease, Tenant's interest hereunder and Tenant's leasehold interest in and to the Leased Property are junior, inferior, subordinate and subject in right, title, interest, lien, encumbrance, priority and all other respects to the lien of any Facility Mortgage or Mortgages now or hereafter in force and effect upon or encumbering Landlord's interest in the Leased Property, or any portion thereof, and to all collateral assignments by Landlord to any third party or parties of any of Landlord's rights under this Lease or the rents, issues and profits thereof or therefrom as security for any liability or indebtedness, direct, indirect or contingent, of Landlord to such third party or parties, and to all future modifications, extensions, renewals, consolidations and replacements of, and all amendments and supplements to any such mortgage, mortgages or assignments; provided such lender agrees not to disturb Tenant's occupancy of the Leased Property or its rights under this Lease as long as there is no existing and continuing Event of Default. If, within fifteen (15) days following Tenant's receipt of a written request by Landlord or the holder or proposed holder of any such Facility Mortgage, Tenant shall fail or refuse or shall have not executed any such subordination, non-disturbance and attornment agreement, Tenant shall be in breach and default of its obligation to do so and of this Lease and Landlord shall be entitled thereupon to exercise any and all remedies available to Landlord pursuant to this Lease or otherwise provided by law.
Landlord Waivers; Bailee Waivers In the event that Borrower or any of its Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral with, or deliver any portion of the Collateral to, a bailee, in each case pursuant to Section 7.2, then Borrower or such Subsidiary will first receive the written consent of Collateral Agent and, in the event that the Collateral at any new location is valued in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.