Common use of Nondisturbance Clause in Contracts

Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of rents and other charges as specified in the Lease and is not otherwise in default, beyond applicable notice and cure periods, of any of its obligations and covenants pursuant to the Lease, Lender agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an "Acquiring Party"), that Tenant's possession of the premises as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Sports Authority Inc /De/)

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Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of pays all rents and other charges as specified in the Lease and is not otherwise in default, default (beyond applicable notice and cure periods, ) of any of its obligations and covenants pursuant to the Lease, Lender agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an "Acquiring Party"), that Tenant's possession of the premises Property as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure and that, upon a foreclosure, the Acquiring Party shall assume and perform all of Landlord’s obligations under the Lease. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

Appears in 1 contract

Samples: Purchase Agreement (Cost U Less Inc)

Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of pays all rents and other charges as specified in the Lease and is not otherwise in default, default (beyond applicable notice and cure periods, ) of any of its obligations and covenants pursuant to the Lease, Lender agrees for itself and its successors in interest and for any other person acquiring title to purchaser of the Property through upon a foreclosure (an "Acquiring Party")of the Security Instrument, that Tenant's possession of the premises as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's or trustee's sale under the power poser of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.. Initials HN -------- --------

Appears in 1 contract

Samples: Lease Agreement (Rockport Healthcare Group Inc)

Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of pays all rents and other charges as specified in the Lease and is not otherwise in default, default (beyond applicable notice and cure periods, ) of any of its obligations and covenants pursuant to the Lease, Lender agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an "Acquiring Party"), that Tenant's ’s possession of the premises as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's foreclosure of the Security Instrument pursuant to Illinois law, a sheriffs or trustee's ’s sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's ’s interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

Appears in 1 contract

Samples: Office Lease (Cme Group Inc.)

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Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of pays all rents and other charges as specified in the Lease and is not otherwise in default, default (beyond applicable notice and cure periods, ) of any of its obligations and covenants pursuant to the Lease, Lender agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an "Acquiring Party"), that Tenant's possession of the premises as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's interest in the Property under peril of foreclosure, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

Appears in 1 contract

Samples: Purchase Agreement (Inland Western Retail Real Estate Trust Inc)

Nondisturbance. So long as Tenant is not in default, beyond applicable notice and cure periods, in the payment of pays all rents and other charges as specified in the Lease and is not otherwise in default, default (beyond the expiration of applicable notice and cure periods, ) of any of its obligations and covenants pursuant to the Lease, Lender Trustee agrees for itself and its successors in interest and for any other person acquiring title to the Property through a foreclosure (an "Acquiring Party"), that Tenant's possession of the premises as described in the Lease will not be disturbed during the term of the Lease, as said term may be extended pursuant to the terms of the Lease or as said premises may be expanded as specified in the Lease, by reason of a foreclosure. For purposes of this agreement, a "foreclosure" shall include (but not be limited to) a sheriff's or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Property and any other transfer of the Landlord's interest in the Property under peril of foreclosure, including, without limitation limitation, to the generality of the foregoing, an assignment or sale in lieu of foreclosure.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

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