PRIORITY OF LEASE. This Lease is and shall continue to be subject and subordinate to any presently existing mortgage or deed of trust of record covering the Lot or Building or both (the "mortgaged premises"). The holder of any such presently existing mortgage or deed of trust shall have the election to subordinate the same to the rights and interests of Tenant under this Lease exercisable by filing with the appropriate recording office a notice of such election, whereupon the Tenant's rights and interests hereunder shall have priority over such mortgage or deed of trust. Landlord shall endeavor to obtain a Non-Disturbance Agreement from the existing mortgagee of the mortgaged premises. Unless the option provided for in the next following sentence shall be exercised, this Lease shall be superior to and shall not be subordinate to, any mortgage, deed of trust or other voluntary lien hereafter placed on the mortgaged premises. The holder of any such mortgage, deed of trust or other voluntary lien shall have the option to subordinate this Lease to the same, provided that such holder enters into an agreement with Tenant by the terms of which the holder will agree to recognize the rights of Tenant under this Lease and to accept Tenant as tenant of the Premises under the terms and conditions of this Lease in the event of acquisition of title by such holder through foreclosure proceedings or otherwise and Tenant will agree to recognize the holder of such mortgage as Landlord in such event, which agreement shall be made to expressly bind and inure to the benefit of the successors and assigns of Tenant and of the holder and upon anyone purchasing the mortgaged premises at any foreclosure sale. Any such mortgage to which this Lease shall be subordinated may contain such terms, provisions and conditions as the holder deems usual or customary.
PRIORITY OF LEASE. If this property is sold at a mortgage foreclosure sale, the purchaser can end this lease. In a foreclosure sale, all mortgages that now or in the future affect the property have a priority over this lease. The tenant agrees to sign all papers needed by the mortgage holder to give priority over this lease. In this Section the tenant gives up or waives a right to have the lease continue after some foreclosure sales.
PRIORITY OF LEASE. This Agreement shall be subject and subordinate to the lien, operation and effect of each mortgage, deed of trust, ground lease and/or other similar instrument covering any or all of the Premises or the Property, and each renewal, modification or extension thereof (each of which is referred to as a “Mortgage”) on the condition that the holder or beneficiary of any such Mortgage (the “Mortgagee”) provides Tenant with a subordination, non-disturbance and attornment agreement that is commercially reasonable within the commercial lending industry (“SNDA”). In addition, Tenant shall attorn to and agrees that, except as may expressly be provided in any applicable SNDA, any such Mortgagee shall not be liable to Tenant for any defaults by Landlord under this Agreement or for any other event occurring prior to such Mortgagee’s succeeding to the interest of Landlord hereunder. The attornment provisions of this Section 8.1 shall be self-operative and no further instrument shall be required to effect such attornment; however, Tenant agrees to execute, acknowledge and deliver a SNDA confirming such subordination and attornment within fifteen (15) days of request therefor. Landlord hereby agrees to obtain an executed subordination, non-disturbance and attornment agreement from the holder of its current Mortgage substantially in the form which is attached hereto as Exhibit O simultaneously with the execution and delivery of this Lease. Delivery of such subordination, non-disturbance and attornment agreement to Tenant shall be a condition precedent to the effectiveness of this Lease. In the event the Property subsequently becomes encumbered by a new Mortgage, Landlord shall use its commercially reasonable efforts to obtain a Mortgagee-executed SNDA from the new Mortgagee.
PRIORITY OF LEASE. Upon written request of Landlord or the holder or of a proposed holder of any mortgage now or hereafter covering or to cover any part of the Premises, Tenant will subordinate its rights under this Lease to the lien of such mortgage and to all advances made or to be made upon the security thereof, and Tenant shall, within ten (10) business days after written demand therefor, execute, acknowledge, and deliver an instrument, in the form customarily used by such encumbrance holder, and reasonably satisfactory to Tenant, effecting such subordination; provided, however, as a condition to such subordination, Landlord shall cause such lienholder to sign a commercially reasonable subordination and non-disturbance agreement.
PRIORITY OF LEASE. This Lease and all rights of Tenant hereunder are and shall be subject and subordinate to every underlying lease, the rights of the overlandlord or overlandlords under each underlying lease, all Mortgages heretofore or hereafter placed on or affecting any underlying lease, alone or with other property, and to all advances heretofore or hereafter made under such leasehold mortgage, and to the lien of all renewals, modifications, consolidations, replacements, substitutions, spreaders, additions and extensions of any such leasehold mortgage, and (b) any Mortgage now or hereafter affecting the Demised Premises or any part or parts of such real property, or such real property and other property, and to each advance made or hereafter to be made under any such Mortgage and to all renewals, modifications, consolidations, replacements, substitutions, spreaders, additions and extensions of any such underlying lease or leases and/or Mortgages. In confirmation of such subordination, Tenant shall execute and deliver promptly any certificate reasonably approved by Tenant’s counsel that Landlord or its successors in interest may reasonably request.
PRIORITY OF LEASE. 25 8.2 RIGHTS OF MORTGAGE HOLDERS; LIMITATION OF MORTGAGEE'S LIABILITY................................................... 26 8.3
PRIORITY OF LEASE. 4.1 Notwithstanding anything to the contrary contained in this Sublease, lessor and lessee agree that all of the provisions, conditions and covenants of the lease shall take precedence and supercede any provisions, conditions, and covenants of this lease which are, or may be, in conflict therewith insofar as the interest of Lessor may be involved or affected; however, the financial liabilities of lessee hereunder shall be limited to those commitments specifically imposed and/or assumed under this lease and any additional financial obligations required of ("Tenant") under the Lease shall be the sole responsibility of lessor to timely pay and/or satisfy.
4.2 Lessee also agrees to occupy the leased Premises and to conduct its operations in, on, or about same at all times during the Term in compliance with the provisions, conditions and restrictions contained in the Lease and this Sublease.
4.3 In addition to those rights, privileges, and powers of lessor set forth herein, lessor shall have the same rights, powers, and privileges of "Landlord" as such are set forth in the Lease with respect to lessee and the leased Premises as though lessor as "Landlord" had originally entered into and executed the Lease with lessee as "Tenant".
4.4 Under no circumstances shall lessee have any rights with respect to the leased Premises greater than the rights of lessor as "Tenant" under the Lease nor shall lessor be obligated to lessee for any matters whatsoever for which lessor does not have at least coextensive rights as "Tenant" against "Landlord" under the Lease.
4.5 Nothing contained in this lease shall be construed to create a privity of estate or a contract between lessee and Lessor.
4.6 The refusal of Lessor to consent to or approve of any matter whenever such consent or approval is required under this lease shall be deemed reasonable if Lessor has refused to give its consent or approval of the matter as required under the Lease.
PRIORITY OF LEASE. The Landlord may now, or at some time in the future place a mortgage against the property. Tenant(s) rights or possession in this Lease are subject to any such mortgage lien, including extensions or renewals. Tenant(s) agree, upon Xxxxxxxx’s request, to sign any document evidencing such priority of the mortgage holder’s rights over the Tenant(s). If Xxxxxx(s) refuse, Landlord may do so in the name of the Tenant(s). If Property is sold during tenancy: 1) Landlord has the right to terminate the lease, if the Landlord gives at least (60 if not specified) days notice. Tenant is not entitled to any payment of damages.
PRIORITY OF LEASE. Landlord shall have the option to subordinate this Lease to any mortgagee or deed of trust of the Lot or Premises, or both ("the mortgaged premises"), provided that the holder thereof enters into a Subordination, Non-Disturbance and Attornment Agreement substantially in the form attached hereto as Exhibit J (or such other form mutually agreeable to Landlord, Tenant and Landlord's mortgagee, each party agreeing to reasonably cooperate with each other in reaching mutual agreement on the content of any such other form).
PRIORITY OF LEASE. This Lease and all rights of the Tenant under this Lease are subject and subordinate to all ground or underlying leases and to all mortgages now or hereafter made by the Landlord provided that the holder thereof shall permit the Tenant to remain in possession of the Leased Premises in accordance with the provisions of this Lease so long as the Tenant is not in default under this Lease. The Tenant, if so required, shall attorn to the mortgagee upon the foreclosure of any such mortgage and to the purchaser under the sale of the Building pursuant to any such mortgage and shall recognize such mortgagee or purchaser as the Landlord under this Lease; provided that the holder of any such mortgage may subordinate and postpone such mortgage to this Lease at any time by an instrument in writing to such effect registered against the title to the Building without any further consent or agreement of the Tenant.
