Nondisturbance Agreements. Each of the lienholders and/or ground ------------------------- lessors listed in Schedule 9.18 shall have entered into nondisturbance agreements with HDS substantially in the form of Annex XII (collectively the "Nondisturbance Agreements").
Nondisturbance Agreements. At Trustor's request, Beneficiary shall ------------------------- enter into a nondisturbance and attornment agreement with respect to Trustor's lease of the Property to a third party operator, which shall provide that Beneficiary shall recognize the lessee's rights under the lease following a foreclosure if the lessee is not in default under the lease at the time of the foreclosure.
Nondisturbance Agreements. Anything contained herein to the contrary notwithstanding, the Administrative Agent and the Lenders hereby agree to do, or cause to be done, each of the following:
(a) the Administrative Agent shall subordinate its Liens and security interests in and to each Under-Construction Project to the Lien and terms of the Declaration, the Resort Map, and the Common Elements for such Under-Construction Project and to the rights of any owner of a Quartershare Interest, Residential Unit or Commercial Unit in such Under-Construction Project and the Association under such Declaration if
(i) such Declaration and Resort Map are in form and substance satisfactory to the Administrative Agent and the Required Lenders;
(ii) no Default or Event of Default shall then exist;
(iii) such Declaration and Resort Map shall have been recorded in the applicable recording offices;
(iv) the instrument of subordination shall be substantially in the form thereof set forth in Exhibit L hereto;
(v) a title insurance endorsement to the Title Insurance Policy {Blanket} in form and substance satisfactory to the Administrative Agent and the Required Lenders shall have been delivered to the Administrative Agent whereby the effective date of the Title Insurance Policy {Blanket} for such Under-Construction Project shall be extended through the date of such instrument of subordination, which contains no exclusions and/or exceptions unsatisfactory to the Administrative Agent or the Required Lenders (including the removal of any exceptions or exclusions in respect of mechanic's, materialmen's or laborer's liens or any exceptions in respect of the failure to deliver a current survey, provided that any exclusions or exceptions previously approved by the Lenders shall be deemed satisfactory to the Administrative Agent and the Required Lenders and any Lien which (in the sole opinion of Required Lenders) shall not have a material adverse effect upon the Borrower, any of the Projects or the Collateral shall be deemed to be satisfactory) and in respect of which all premiums shall have been paid;
(vi) the Blanket Mortgage in respect of such Under-Construction Project constitutes a first priority Lien in and to all unsold Quartershare Interests, Residential Units and Commercial Units in such Under-Construction Project and all payments under the Host Company Lease Agreement in respect of such Under-Construction Project shall continue to be assigned to the Administrative Agent under such Blanket Mortgage and und...
Nondisturbance Agreements. If, as of the date of execution of this Sublease, there are any Mortgages against the Subleased Premises, or if Lessor shall subsequently encumber or permit the encumbrance of the Subleased Premises by any Mortgages, Lessor or Ground Lease Landlord, as the case may be, shall have the mortgagee, lienholder or other secured party with respect to each Mortgage execute a nondisturbance agreement providing that, so long as Lessee is not in default under this Sublease or the Ground Lease and continues to perform all of its obligations under this Sublease and the Ground Lease, (i) Lessee's tenancy shall not be disturbed, (ii) this Sublease and the Ground Lease shall not be affected by any default under such Mortgage, AND (iii) in the event of any foreclosure or other enforcement of such Mortgage, and notwithstanding any resulting transfer of Lessor's rights under this Sublease or any resulting transfer of Ground Lease Landlord's rights under the Ground Lease, the rights of Lessee under this Sublease and the Ground Lease shall expressly survive and this Sublease and the Ground Lease shall in all respects continue in full force and effect.
Nondisturbance Agreements. Prudential agrees to cooperate, at ------------------------- no additional cost to Prudential, with REIT OP in the submission of requests to Tenants for nondisturbance agreements in favor of the lender(s) providing financing to REIT OP for the Transaction, by permitting REIT OP to deliver such requests to the Tenants.
Nondisturbance Agreements. With respect to the Leases which are "subleases", Seller shall deliver to Purchaser "nondisturbance" agreement(s) from the underlying lessor(s) in form and substance reasonably acceptable to Purchaser. With respect to Real Properties which are owned, in whole or in party, by the Principals, or any Affiliates, Seller will deliver lender "nondisturbance" agreements from any lenders holding mortgages, deeds of trust or similar instruments on such Real Properties. Seller shall use best efforts to deliver, at closing, lender "nondisturbance" agreements with respect to Real Properties which are not owned, in whole or in part, by the Principals or Affiliates. All "nondisturbance" agreements referred to in this Section 1.3(d) are hereinafter referred to as the "Nondisturbance Agreements".
Nondisturbance Agreements. NEON agrees and acknowledges that it has no right to use the Network Plus Fibers during the Term hereof, and that, from and after the effective date of the Agreement, NEON shall keep the Network Plus Fiber Network and Network Plus's IRU granted hereunder free from (a) any liens of any third party attributable to NEON, and (b) any rights or claims of any third party attributable to
Nondisturbance Agreements. Landlord shall obtain standard recognition and non-disturbance agreements from its current and future mortgage holders recognizing this Lease, and agreeing not to terminate it or Tenant's possession of the Premises for so long as Tenant is not in default of the Lease.
Nondisturbance Agreements. Central Valley Community Bank shall have received fully-executed nondisturbance agreements for all properties leased by Folsom Lake Bank in form and substance acceptable to Central Valley Community Bank (except where the failure to deliver any such nondisturbance agreements would not likely have a Material Adverse Effect on Central Valley Community Bank following the Merger). Table of Contents
Nondisturbance Agreements. Central Valley Community Bank shall have received fully-executed nondisturbance agreements for all properties leased by SVBank in form and substance acceptable to Central Valley Community Bank.
