Quiet Enjoyment and Subordination Sample Clauses

Quiet Enjoyment and Subordination. (A) Landlord covenants and agrees that, upon Tenant's performance of all the terms, covenants and conditions hereof on Tenant's part to be performed, Tenant shall have, hold and enjoy the Premises, subject to the terms, covenants and conditions of this Lease.
AutoNDA by SimpleDocs
Quiet Enjoyment and Subordination. Landlord represents that Tenant, upon Xxxxxx’s payment of the Rent and other payments herein required and provided for, and Xxxxxx’s performance of the terms, conditions, covenants and agreements herein contained, shall peaceably and quietly have, hold and enjoy the Premises during the full Term of this Lease; provided, however, that Tenant accepts this Lease subject and subordinate to any recorded mortgage, deed of trust or other lien presently existing upon, or to any other matter affecting, the Premises. Landlord further is hereby irrevocably vested with full power and authority by Xxxxxx to subordinate Xxxxxx’s interest hereunder to any mortgage, deed of trust, ground or other lease (“ground lease”), or other lien now existing or hereafter placed on the Premises or to declare this Lease prior and superior to any mortgage, ground lease, deed of trust or other lien now existing or hereafter placed on the Premises (and Tenant agrees upon demand to execute such further instruments subordinating this Lease as Landlord may request), provided such subordination shall be upon the express conditions that
Quiet Enjoyment and Subordination. Landlord covenants, represents and warrants that it has full right and power to execute and perform this lease and to grant the estate demised herein, and that Tenant, upon payment of the rents herein reserved, and performance of the terms, conditions, covenants and agreements herein contained, shall peaceably and quietly have, hold and enjoy the demised premises during the full term of this lease and any extension or renewal thereof; provided, however, that Tenant accepts this lease subject and subordinate to any recorded mortgage, deed of trust or other lien presently existing upon the demised premises. Landlord is hereby irrevocably vested with full power and authority to subordinate Tenant's interest hereunder to any mortgage, deed of trust or other lien now existing or hereafter placed on the demised premises, and Tenant agrees upon demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be upon the express condition that this lease shall be recognized by the mortgagee and that all of the rights of the Tenant including Tenant's options to renew the lease and to purchase the demised premises shall remain in full force and effect during the full term of this lease on condition that the Tenant attorn to the mortgagee, its successors and assigns, and perform all of the covenants and conditions required by the terms of this lease. In the event of foreclosure or any enforcement of any such mortgage, the rights of the Tenant hereunder shall expressly survive and this lease shall in all respects continue in full force and effect; provided, however, that the Tenant shall fully perform all its obligations hereunder and attorn to the purchaser. All of the Landlord's personal liability under this lease shall terminate upon conveyance of the property, provided Landlord (X.X. Xxxxxxxx & Co., Inc.) has completed the construction of the improvements in accordance with Exhibit "B" and the purchaser has sufficient financial net worth, in Tenant's opinion, to discharge the obligations of the Landlord, and the purchaser assumes Landlord's obligations hereunder. Such a sale will not relieve X.X. Xxxxxxxx & Co., Inc. of its responsibility for any uncorrected details existing at the time of the conveyance or the warranties of X.X. Xxxxxxxx & Co., Inc. under the terms of the lease. provided that the obligations of the Landlord under this lease are covenants running with the land and shall be binding upon ...
Quiet Enjoyment and Subordination. 17.01. The Landlord covenants that if, and so long as, Tenant pays all of the Rent due hereunder, and keeps and performs each and every term and condition herein contained on the part and on behalf of Tenant to be kept and performed, Tenant shall lawfully, peaceably and quietly have, hold and enjoy the Demised Premises without hindrance, ejection or molestation by the Landlord or by any other person lawfully claiming the same.
Quiet Enjoyment and Subordination. (A) Landlord covenants that Tenant, on paying the Base Rent and Additional Rent, charges for services and other payments herein reserved and on keeping, observing and performing all the other terms, covenants, conditions, provisions and agreements herein contained on the part of Tenant to be kept, observed and performed, shall, during the Term, peaceably and quietly have, hold and enjoy the Premises subject to the terms, covenants, conditions, provisions and agreements hereof without interference by any persons lawfully claiming by or through Landlord. The foregoing covenant is in lieu of any other covenant of quiet enjoyment express or implied.
Quiet Enjoyment and Subordination. Landlord warrants and covenants it is lawfully seized of the Building and Premises, has full authority to grant this Lease and perform the Terms hereof to be performed by Landlord and that Tenant shall and may peacefully and quietly have, hold and enjoy the Premises for the full term of this Lease. Tenant understands that other persons and entities conduct businesses in the Building. Tenant covenants and agrees to conduct its business in such a manner as to not unreasonably interfere with other occupants of the Building. Landlord shall take all reasonable efforts, including Without waiving or releasing Landlord from its obligation of quiet enjoyment herein contained, Tenant agrees that upon written request of Landlord it will subordinate its interest herein to any mortgages currently encumbering the Premises and to renewals, extensions or refinancing thereof and, upon reasonable request of Landlord, execute any and all documents reasonably necessary to evidence that the leasehold interest of Tenant hereunder is subordinate to existing mortgages and that Tenant will also execute such documents as may be necessary and required to subordinate its leasehold interest to mortgages that may hereafter be placed on the Premises by Landlord or its successors or assignors, so long, as in both instances, the mortgage holder agrees to Tenant that neither it nor any purchasers at foreclosure of such mortgage shall terminate the Lease, or disturb the Tenant so long as it is not in default hereunder. Landlord warrants that any mortgage presently encumbering the premises provides for quiet enjoyment of the premises by Tenant in the event of foreclosure by the mortgage holder, providing Tenant is not in default hereunder and Landlord agrees to supply evidence of such rights of quiet enjoyment.

Related to Quiet Enjoyment and Subordination

  • COVENANTS AND SUBORDINATION SECTION 6.1. Subordination............................................................................. 13 SECTION 6.2. Pari Passu Guarantees..................................................................... 13 ARTICLE VII

  • Quiet Enjoyment Landlord agrees that upon Tenant’s paying the rent and performing and observing the agreements, conditions and other provisions on its part to be performed and observed, Tenant shall and may peaceably and quietly have, hold and enjoy the Premises during the term hereof without any manner of hindrance or molestation from Landlord or anyone claiming under Landlord, subject, however, to the terms of this Lease.

  • Subrogation and Subordination (a) Each Guarantor will not exercise any rights which it may have acquired by way of subrogation under this Guaranty Agreement, by any payment made hereunder or otherwise, or accept any payment on account of such subrogation rights, or any rights of reimbursement, contribution or indemnity or any rights or recourse to any security for the Notes or this Guaranty Agreement unless and until all of the Guaranteed Obligations shall have been indefeasibly paid in full in cash.

  • COVENANT OF QUIET ENJOYMENT Landlord covenants that Tenant, on paying the Rent, charges for services and other payments herein reserved and on keeping, observing and performing all the other terms, covenants, conditions, provisions and agreements herein contained on the part of Tenant to be kept, observed and performed, shall, during the Lease Term, peaceably and quietly have, hold and enjoy the Premises subject to the terms, covenants, conditions, provisions and agreements hereof without interference by any persons lawfully claiming by or through Landlord. The foregoing covenant is in lieu of any other covenant express or implied.

  • Non-Subordination The Obligations are not subordinated in any way to any other obligations of Borrower or to the rights of any other Person.

  • Relation to Subordination Provisions Interest Drawings under the Liquidity Facilities and withdrawals from the Cash Collateral Accounts, in each case, in respect of interest on the Certificates of any Class, will be distributed to the Trustee for such Class of Certificates, notwithstanding Sections 2.01(b) and 3.02.

  • Indemnity Subrogation and Subordination Upon payment by any Grantor of any Secured Obligations, all rights of such Grantor against the Borrower or any other Grantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subordinate and junior in right of payment to the prior payment in full in cash of all the Secured Obligations (other than (i) contingent indemnity obligations for then unasserted claims; (ii) obligations and liabilities under Secured Hedge Agreements as to which arrangements satisfactory to the applicable Hedge Bank shall have been made; or (iii) Cash Management Obligations as to which arrangements satisfactory to the applicable Cash Management Bank shall have been made) and the termination of all Commitments to any Loan Party under any Loan Document. If any amount shall erroneously be paid to the Borrower or any other Grantor on account of (i) such subrogation, contribution, reimbursement, indemnity or similar right or (ii) any such indebtedness of the Borrower or any other Grantor, such amount shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Collateral Agent to be credited against the payment of the Secured Obligations, whether matured or unmatured, in accordance with the terms of the Credit Agreement and the other Loan Documents. Subject to the foregoing, to the extent that any Grantor (other than the Borrower) shall, under this Agreement or the Credit Agreement as a joint and several obligor, repay any of the Secured Obligations (an “Accommodation Payment”), then the Grantor making such Accommodation Payment shall be entitled to contribution and indemnification from, and be reimbursed by, each of the other Grantors in an amount equal to a fraction of such Accommodation Payment, the numerator of which fraction is such other Grantor’s Allocable Amount and the denominator of which is the sum of the Allocable Amounts of all of the Grantors. As of any date of determination, the “Allocable Amount” of each Grantor shall be equal to the maximum amount of liability for Accommodation Payments which could be asserted against such Grantor hereunder and under the Credit Agreement without (a) rendering such Grantor “insolvent” within the meaning of Section 101 (31) of the Bankruptcy Code, Section 2 of the Uniform Fraudulent Transfer Act (“UFTA”) or Section 2 of the Uniform Fraudulent Conveyance Act (“UFCA”), (b) leaving such Grantor with unreasonably small capital or assets, within the meaning of Section 548 of the Bankruptcy Code, Section 4 of the UFTA, or Section 5 of the UFCA, or (c) leaving such Grantor unable to pay its debts as they become due within the meaning of Section 548 of the Bankruptcy Code or Section 4 of the UFTA, or Section 5 of the UFCA.

  • Lien Subordination Notwithstanding the date, manner or order of grant, attachment or perfection of any Junior Lien in respect of any Collateral or of any Senior Lien in respect of any Collateral and notwithstanding any provision of the UCC, any applicable law, any Security Document, any alleged or actual defect or deficiency in any of the foregoing or any other circumstance whatsoever, the Junior Representative, on behalf of each Junior Secured Party, in respect of such Collateral hereby agrees that:

  • Authorization to Effect Subordination Each Holder of Notes, by the Holder's acceptance thereof, authorizes and directs the Trustee on such Holder's behalf to take such action as may be necessary or appropriate to effectuate the subordination as provided in this Article 10, and appoints the Trustee to act as such Holder's attorney-in-fact for any and all such purposes. If the Trustee does not file a proper proof of claim or proof of debt in the form required in any proceeding referred to in Section 6.09 hereof at least 30 days before the expiration of the time to file such claim, the Representatives are hereby authorized to file an appropriate claim for and on behalf of the Holders of the Notes.

Time is Money Join Law Insider Premium to draft better contracts faster.